027 which states that when an accused is charged with selling less than five grams of shabu, he or she may plead guilty to a lesser offense of illegal possession of dangerous drugs under Section 11(3) of RA 9165. 1. Republic Act 9262: Anti-Violence Against Women and Their ... RA 9165 LECTURE M | PDF | Cannabis (Drug) | Arrest "Section 11. What Is Section 11, Article II, RA 9165 of the Philippine ... Criminal Case No. Cabamongan was arrested and charged by the Las Piñas City Police Station for violation of Section 13, possession of dangerous drugs during parties and meetings, (non-bailable); Section 14, possession of paraphernalia, equipment, instruments of drugs (bailable); and Section 15, use of dangerous drugs (bailable) of Republic Act 9165 or the . No. Who is the author of RA 9165? - FindAnyAnswer.com (RA) 9165 or The Comprehensive Dangerous Drugs Act of 2002 for having in . 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. The mandatory and uncounseled drug test in Section 15 of R.A. 9165 does not cover persons apprehended or arrested for any unlawful act, but only for unlawful acts listed under Article II of R.A. 9165. . Republic Act No. REPUBLIC ACT 9165. Possession of illegal drugs; Sec. 11, RA 9165; People of ... 9165 in Criminal Case Nos. 9165, Dangerous Drugs, buy-bust operation, Chain of Custody, Section 5, Article II of Republic Act No. DOJ formally indicts Julian Ongpin for non-bailable drug ... Section 13, Article III of the 1987 Philippine Constitution provides: "All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. In Criminal Case No. bargaining and provides for an acceptable plea bargain under Sections 7 and 13, R.A. No. This IRR, issued and promulgated pursuant to Section 94 of RA 9165, shall be referred to as the "COMPREHENSIVE DANGEROUS DRUGS RULES OF 2002." SECTION 2. 226679; August 15, 2017). 14088-D and 14089-D. Accused-appellant Piad was charged in two (2) informations with the crimes of illegal sale of dangerous drugs weighing 0.05 gram and illegal possession of dangerous drugs weighing 0.06 gram. 2.21 The Team Leader shall submit to PDEA, a copy of the case folder after the filing of the case. 9165 June 7, 2002 AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF . After arraignment, he filed a Motion to Allow the Accused to Enter into a Plea Bargaining Agreement, praying that he be allowed to withdraw his not guilty plea, and instead, enter a guilty plea for violation of Section 12 of the said law with a penalty for rehabilitation, this . It however needs to. The new law increase penalties for drug related . All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. 6425 "The Dangerous Drugs Act of 1972" which took effect on March 30, 1972 (Sec. The SC ruling was handed down on the case filed by Salvador Estipona against Legaspi City regional trial court Judge Frank Lobrigo. 061-17, [13] the prevailing circular at that time, proscribed plea bargaining for the crime of Illegal Sale of Dangerous Drugs under Section 5 of RA 9165, as amended by RA 10640. Alimora's brother, Abra M. Akmad was co-accused in the second case. Omadan was charged in an Information, dated April 21, 2003, with Violation of Section 11 of Republic Act No. Section 11, Article II of RA 9165 provides that the penalty for illegal possession of dangerous drugs is imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantities of dangerous drugs are five (5) grams or more but less than ten (10) grams of x x x . BY: ATTY. On the other hand, the prosecutor indicted Bequilla for violation of Section 5, Article II of RA 9165, a non-bailable offense, after his participation was clearly established. The Supreme Court shall designate special courts from among the existing Regional Trial Courts in each judicial region to exclusively try and hear cases involving violations of this Act. 182348 November 20, 2008 R.A. 9165. 9165; otherwise known as the "Comprehensive Dangerous Drugs Act of 2002") similarly allows plea. Chapter 2 RESTRICTED 8 3. FACTS: This is an appeal from the Decision of the RTC finding the accused- appellant Carlos Dela Cruz guilty beyond reasonable doubt of violation of Section 11 (2) of Republic Act No. Republic Act No 9165 otherwise known as the Comprehensive Dangerous Drugs Act of 2002, which was passed into law on June 7, 2002, overhauled the 30-year old Dangerous Drugs Act of 1972. COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002. Sec 5,11,12,15 RA 9165 - Lecture notes 1. 191366, 13 December 2010, 637 SCRA 791, as follows: On a final note, this Court takes the opportunity to be instructive on . Napiit si Cabamongan matapos kasuhan ng paglabag sa section 13 possession of dangerous drugs during parties and meetings, (non-bailable); section 14 possession of paraphernalia, equipment, instruments of drugs (bailable); at section 15 use of dangerous drugs (bailable) of Republic Act 9165 or Comprehensive Dangerous Drugs Act of 2002. II of Republic Act No. Section 11, Article II of RA 9165 imposes a penalty of life imprisonment and a fine ranging from P500,000 to P10 million for possession of 10 grams or more of dangerous drugs such as cocaine. J. Carpio. Likewise, is RA 9165 bailable violation? 9165, appellant Ramil Galicia y Chavez is ACQUITTED for insufficiency of evidence; 2. The penalty of life imprisonment to death and a fine ranging fr om Five hundred thousand pesos. Legal . Likewise, is RA 9165 bailable violation? The Article and section of RA 9165 which stipulate the instruction on drug abuse prevention and control to be . 2.22 No PNP personnel shall be allowed to conduct a planned anti-illegal drugs operation unless he is a member of an AntiIllegal Drugs Unit. 9165 to Section 11, paragraph 3 of the same statute where the quantity of dangerous drugs Involved is less than 5 grams (in cases of Maximum Penalties provided under Section 11 regardless of quantity or purity Section 11, par. Section 23 of RA 9165 provides that any person charged under the law, regardless of the imposable penalty, should be denied plea bargaining or pleading guilty to a lesser offense. No. The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who acts as a "protector/coddler" of any violator of the provisions under this Section. 42), as amended by PD No. xxx possession, includes not only … Elements of Illegal sale of dangerous drugs under Section 5, Article II of RA 9165 (1) the identity of the buyer and the seller, the object of the sale and its consideration; and . Considering this, what is the purpose of RA 9165? SECTION 1. 240596 June 4, 2019. Section 13 of Republic Act No. Julian has been a person of interest in the Sept. 18 death of artist Breanna "Bree" Jonson. Frank E. Lobrigo was rendered whereby Section 23 of Republic Act No. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES. SO ORDERED. Sale, Trading, Administration, Dispensation, Delivery, Distribution and. No. On the other hand, the prosecutor indicted Bequilla for violation of Section 5, Article II of RA 9165, a non-bailable offense, after his participation was clearly established. 14823-D for violation of Section 15, Article II, Republic Act No. Petitioner objected on ground that DOJ Circular No. 21 of the Comprehensive Dangerous Drugs Act (RA 9165). It is encouraged because it leads to prompt and final disposition of most criminal cases at the same time resulting to the conviction of the accused. Salim was charged with violation of Sections 5 and 11, Article II of RA 9165 for selling and possessing methamphetamine hydrochloride (shabu). "Section 11. Section 11, Article II of RA 9165 imposes a penalty of life imprisonment and a fine ranging from P500,000 to P10 million for possession of 10 grams or more of dangerous drugs such as cocaine. 4433 Republic of the Philippines Congress of the Philippines Metro Manila Twelfth Congress First Regular Session Begun and held in Metro Manila on Monday, the twenty-third day of July, two thousand one. Short Title. However, the Court finds that the CA erred in finding petitioners guilty of only Section 11,43 and not Section 13, Article II of RA 9165, on the notion that while they were playing cara y cruz "in the proximate company of at least two (2) persons," it was not shown that such occasion was meant for using drugs, as in a pot session. The amount of the bond also depends on the gravity of the offense the accused is being held liable for. Authorities said 12 grams of cocaine were recovered from the hostel room Ongping was staying in last September in La Union. 9165, or the Comprehensive Dangerous Drugs Act of 2002, was declared unconstitutional for being contrary to the rule-making authority of the Supreme Court under Section 5(5), Article V Ill of the 1987 Constitution; Transportation of Dangerous Drugs and/or Controlled P recursors and. AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT 9165 OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 Be it enacted by the Senate and the House of Representatives of the Philippines in Congress Assembled: SECTION 1. 2. SECTION 13. Ra9165presentation. philippine laws audiobookra 9165: comprehensive dangerous drugs act 9165] AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 27 Reasons why no-plea bargaining in drugs cases (RA 9165) VIOLATES equal protection. It is the policy of the State to safeguard the integrity of its Considering this, what is the purpose of RA 9165? Martinez, G.R. - Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same as provided under this Act: x x x (b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled . What does RA 9165 cover? Section 23 of RA 9165 provides that any person charged under the Comprehensive Dangerous Drugs Act of 2002, regardless of the imposable penalty, should be denied plea bargaining or pleading guilty . 9165 is DISMISSED. Section 13 refers to the possession of dangerous . Possession Equipment, Apparatus and Other 1683 and further amended by RA No. Police arrested Ongpin, 29, last September 18 in San Juan, La Union, after 12.6 grams of cocaine were found in the hostel room he and Jonson were occupying. In drugs cases, Section 11 of R.A. 9165 is bailable when the amount of the seized illegal drugs is less than 5 grams. 191366, 13 December 2010, 637 SCRA 791, as follows: On a final note, this Court takes the opportunity to be instructive on . 3 Possession of Dangerous Drugs (Plea bargaining is Section 26(b), Article II of RA 9165 provides: Section 26. PEOPLE vs. AMANSEC G.R. 1858 H. No. RA 9165 Comprehensive Dangerous Drugs Act of 2002 It is the policy of the State : to safeguard the integrity of its territory & the well-being of its citizenry, particularly the youth, from the harmful effects of dangerous drugs on their physical & mental well-being, and 2. to defend the same against acts or omissions detrimental Section 11, Article II, RA 9165 of the Philippine Constitution is titled "Possession of Dangerous Drugs." According to the University of Minnesota Human Rights Library which hosts an archived copy of RA 9165, Section 11 details the penalty for possession of dangerous drugs, as well as the quantity of drugs that incurs the penalty. Section 13, Article II of RAA 9165 or the "Comprehensive Dangerous Drugs Act of 2002," provides: "Section 13. Without prejudice to the provisions of Section 28 [b] and [d], certain situations contemplated in Section 28 [e], Section 32, and Section 33 of RA 10591, the crime of illegal possession of firearm is a bailable offense. Salvador Estipona is charged with violation of Section 11 of Republic Act 9165 in the RTC of Legazpi City Branch 3. Republic Act 9165 This Act shall be known and cited as the "Comprehensive Dangerous Drugs Act of 2002".This act amends RA 6425, otherwise known as the Dange. The mandatory and uncounseled drug test in Section 15 of R.A. 9165 does not cover persons apprehended or arrested for any unlawful act, but only for unlawful acts listed under Article II of R.A. 9165. . RA 9165 Comprehensive Dangerous Drugs Act of 2002 An Overview Presented by CRIMINOLOGY INTERN. ii of ra 9165, its elements being as follows: (1) possession or control by the accused of any equipment, apparatus or other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body; and (2) such possession is not authorized by law. RA # 9165 is a Return Authorization number used to return defective units back to the vendor. While accused-appellant 90. 9165 is hereby amended to read as follows: "SEC. REPUBLIC ACT NO. A buy bust operation was conducted on December 14, 2010 wherein Tanes sold 0.0296 grams of methamphetamine hydrochloride to a poseur buyer. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: ARTICLE I TITLE, DECLARATION OF POLICY AND DEFINITION OF TERMS. NO. Select the best answer by encircling the letter of your choice. 26 [3] of Art. Salvador Estipona, Jr. vs. Hon. v. JUDGE LOBRIGO (G.R. [REPUBLIC ACT NO. This case finally declared Section 23 of RA 9165 UNCONSTITUTIONAL for being a violation of the doctrine of . 7659. Cabamongan was initially charged with violations of sections 13, 14, and 15 of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002. - The penalty of xxx (3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos (P300,000) to Four hundred thousand pesos (P400,000), if the quantities of dangerous drugs are less than five (5) grams of opium, morphine, heroin . The same circular decreed that plea bargaining should be done before the prosecution commenced its presentation of . S. No. automatically entitled to be released on bail, unlike the Bailable Warrant, where the arrested person has an inherent right to be released on a suitable bond, upon the arrest. Section 3(h) of Republic Act No. 5021 (19952), Salim was sentenced to suffer the penalty of life imprisonment and to pay a fine of P500,000.00 for illegal sale of shabu under Section 5, Article II of RA 9165; and in Criminal Case No. 9165, OTHERWISE KNOWN AS THE "COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002". 9165, Sale of Illegal Drugs, Non-Presentation of the Informant, Absence of Surveillance, Defense of Frame up and Denial An act instituting the comprehensive dangerous drugs Act of 2002, and repealing Republic act 6425. a. 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