Flashcards for MTAP 1 CDU BSMT4: RA 9165 and RA 9275

A set of Question-and-Answer style flashcards covering key concepts, definitions, roles, penalties, and procedures from RA 9165 (Comprehensive Dangerous Drugs Act) and RA 9275 (Philippine Clean Water Act).

What is the short title of Republic Act 9165?

The Comprehensive Dangerous Drugs Act of 2002.

What is the primary policy declaration of RA 9165?

To safeguard the integrity of the territory and well-being of citizens (especially the youth) from dangerous drugs, balance medical needs, and pursue an integrated anti-drug program.

In RA 9165, what does 'Administer' mean?

Any act of introducing a dangerous drug into the body, by any means, or assisting another to administer, unless done by a licensed practitioner for medication.

What is the 'Board' as referred to in RA 9165?

The Dangerous Drugs Board (DDB) under Section 77, Article IX.

What is a 'Clandestine Laboratory' under RA 9165?

Any facility used for the illegal manufacture of a dangerous drug and/or controlled precursor and essential chemical.

What are 'Controlled Precursors and Essential Chemicals' in RA 9165?

Chemicals listed as precursors/essential chemicals, including those in Tables I and II of the 1988 UN Convention Against Illicit Traffic and related annexes.

How are 'Dangerous Drugs' defined in RA 9165?

Drugs listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs and the 1971 Single Convention on Psychotropic Substances, as amended.

Who is a 'Pusher' under RA 9165?

A person who sells, trades, administers, dispenses, delivers, or brokers dangerous drugs.

What is the penalty for importation of dangerous drugs without authorization?

Life imprisonment to death and a fine ranging from P500,000 to P10,000,000, plus related penalties (e.g., on related offenses).

What is a 'Den, Dive or Resort' in RA 9165?

A place where any dangerous drug is administered, delivered, stored, sold, or used; often involving minor exposure.

What is the penalty for maintaining a den, dive or resort under RA 9165?

Life imprisonment to death and a fine of P500,000 to P10,000,000; aggravated penalties if a minor or mentally incapacitated person is involved.

What is the general penalty framework for possession of dangerous drugs under RA 9165?

Penalties depend on quantity and type; large quantities carry life imprisonment to death with high fines, smaller quantities have graduated penalties.

What is the penalty for possession of paraphernalia for dangerous drugs under RA 9165?

Imprisonment from 6 months 1 day to 4 years and a fine of P10,000 to P50,000; prima facie evidence of drug use.

What is the 'Voluntary Submission' program in RA 9165?

A drug dependent may seek treatment and rehabilitation; the Court orders examination; if certified dependent, confinement of not less than 6 months and not more than 1 year, with aftercare up to 18 months.

What is the consequence after successful voluntary submission (exemption from criminal liability)?

A discharged drug-dependent person may be exempt from criminal liability under Section 55 if conditions (compliance with center rules, aftercare for 18 months, no prior offenses, etc.) are met.

What is the purpose of the Confidentiality provisions in the voluntary submission program?

Judicial and medical records of drug dependents are confidential and not used against them, except as allowed by law.

What are the penalties for public officers who misappropriate confiscated drugs or proceeds under RA 9165?

Life imprisonment to death and a fine (P500,000–P10,000,000), plus absolute perpetual disqualification from public office.

What is the penalty for 'planting evidence' of a dangerous drug under RA 9165?

Death penalty.

What is the general role of the Dangerous Drugs Board (DDB) in RA 9165?

Policy-making and strategy for national drug prevention and control; oversees a balanced national drug program.

What is the role of the Philippine Drug Enforcement Agency (PDEA) under RA 9165?

Implementing arm of the Board; responsible for efficient law enforcement of all dangerous drugs and related substances.

Who are the ex-officio members of the Dangerous Drugs Board?

Representatives from DOJ, DOH, DND, DOF, DOLE, DILG, DSWD, DFA, DepEd, CHED, NYC, and the Director General of PDEA; plus cabinet secretaries’ permanent representatives.

What is the jurisdiction and timeline for dangerous drugs prosecutions (Section 90)?

Special courts designated by the Supreme Court; preliminary investigations within 30 days; filing of information within 24–48 hours after investigation; trial within 60 days; decision within 15 days after submission.

What is the consequence of delay or bungling in prosecuting drug cases (Section 92)?

Punishable by 12 years 1 day to 20 years imprisonment, plus fines, without prejudice to other penalties.

What does Section 93 allow the DDB to do regarding drugs on the list?

The DDB can reclassify, add to, or remove drugs from the list after hearings, with public notice and corresponding legal effects.

What is the 'Implementing Rules and Regulations' timeline for RA 9165?

The DDB, in consultation with involved agencies, must promulgate IRRs within 60 days of effectivity.

What is the short title of RA 9275?

The Philippine Clean Water Act of 2004.

What is the primary policy goal of RA 9275?

Promote economic growth while protecting, preserving, and reviving water quality; implement a holistic, integrated water quality management framework.

What is a Water Quality Management Area (WQMA) under RA 9275?

A designated area (by the Department with LGU and other stakeholders) with a governing board and a technical secretariat to coordinate water quality surveillance and actions.

What is a non-attainment area in RA 9275?

A water body in which pollutant levels exceed water quality guidelines; requires upgrading measures to meet standards.

What program does RA 9275 mandate for sewerage and septage management?

A national program coordinated by DPWH with LGUs to develop sewerage/septage facilities and upgrades, with LGU funding and land provision.

What is the wastewater charge system (Section 13) in RA 9275?

A fee-based system to charge polluters for discharging wastewater, designed to incentivize pollution reduction and fund management programs.

What is the Water Quality Management Fund (Section 9)?

A national fund to finance containment/cleanup, ecosystem restoration, research, enforcement, and information campaigns related to water quality.

What is the Area Water Quality Management Fund (Section 10)?

A fund for maintenance of water bodies within a WQMA, including grants, loans, and admin costs (not more than 10%).

What is allowed under water quality variance for geothermal and oil/gas exploration (Section 11)?

The Department may provide a water quality variance to accommodate reinjection constraints while protecting downstream beneficial uses.

What is the role of the Department in RA 9275 (Lead Agency, Section 19)?

DENR (the Department) serves as the lead agency responsible for implementing and enforcing the act; coordinates with other agencies.

What is the local government role in RA 9275 (Section 20)?

LGUs share responsibility for water quality management; must prepare compliance schemes and designate ENROs to monitor and enforce locally.

What is the 'Linkage Mechanism' (Section 22) in RA 9275?

Coordination among the Department, LGUs, and other agencies plus private sectors to implement water quality programs; outlines roles of COAST, DOH, BFAR, DOLE, etc.

What is the 'Discharge Permit' requirement (Section 14)?

Owners/operators of facilities that discharge regulated effluents must secure a discharge permit specifying allowable discharge quantities, quality, and monitoring.

What is the 'National Water Quality Status Report' (Section 19)?

A status report prepared by the Department within 24 months of effectivity and updated annually, outlining water quality, risks, and needs.

What is the 'Joint Congressional Oversight Committee' (Section 33) for RA 9275?

A joint committee of Senators and Representatives to monitor and review implementation and IRRs, co-chaired by environment-related committee leaders.

What types of records may the DENR require and disclose under RA 9275 (Section 23)?

Records related to pollution sources, discharges, and reports; some records may be made public unless protected as confidential or IP-related.