Republic Act No. 9165 Flashcards

(151 cards)

1
Q

name of this act

A

Comprehensive Dangerous Drugs Act of 2002

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2
Q

Total number of section

A

102

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3
Q

Total number of Article

A

XIII

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4
Q

Approved on

A

June 7, 2002

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5
Q

what act it repealed?

A

RA 6425

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6
Q

RA 6425, otherwise known as the?

A

Dangerous Drugs
Act of 1972

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6
Q

Dangerous Drugs
Act of 1972 approval date?

A

March 30, 1972

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7
Q

RA 9165 was amended by

A

RA 10640

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8
Q

RA 9165 was amended by RA 10640 when?

A

JUL 15 2014

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9
Q

Why was RA 6425 repealed?

A

has many loopholes and
unregulated circumstances that would provide means on how a drug dealer or user may go about the law

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10
Q

President of the
Philippines

A

GLORIA MACAPAGAL ARROYO

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11
Q

Speaker of the House of
Representatives

A

JOSE DE VENECIA, JR

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12
Q

President of the Senate

A

FRANKLIN M. DRILON

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13
Q

Secretary of Health

A

MANUEL M. DAYRIT

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14
Q

SECTION 2. Declaration of Policy

To safeguard the integrity of its territory and the well-being of its citizenry particularly the ______, From the harmful effects of dangerous drugs on their physical and mental wellbeing

A

youth

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15
Q

SECTION 3. Definitions

Introducing any dangerous drug
into the body, with or without
his/her knowledge by injection, inhalation, ingestion or other means

A

Administer

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16
Q

SECTION 3. Definitions

Indispensable assistance to a
person in administering a
dangerous drug to himself/herself unless

Administer

A

administered by a
duly licensed practitioner for medication

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17
Q

SECTION 3. Definitions

Refers to the professional who perform the drug testing

A

Analyst

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18
Q

SECTION 3. Definitions

CERTIFIED DRUG ANALYSTS (4)

A
  • Medical Technologist
  • Chemist
  • Chemical Engineer
  • Pharmacist
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19
Q

SECTION 3. Definitions

Medical technologist For screening laboratory requirements

CERTIFIED DRUG ANALYSTS

A

undergo training and certification process,
given by NRL-EAMC

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20
Q

SECTION 3. Definitions

person who is authorized to collect specimen from the client to secure and prevent alteration of Urine specimen

A

Authorized Specimen Collector

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21
Q

SECTION 3. Definitions

guides client in filling out the chain of custody form, secures the specimen by:

Authorized Specimen Collector

A
  • sealing the container using masking tape
  • asking the client to sign the container
  • writing the time and date of collection on
    the container
  • writing marks on the masking tape using
    permanent marker
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22
Q

SECTION 3. Definitions

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

A

Clandestine Laboratory

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23
Q

SECTION 3. Definitions

The procedure to account for each specimen by tracking the handling and storage from point of collection to final disposal.

A

CHAIN OF CUSTODY

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24
# SECTION 3. Definitions This procedure require that the applicant’s identity is confirmed and that a ________________ that is used from the time of collection to receipt by the laboratory. | Chain of Custody
chain of custody form
25
# SECTION 3. Definitions The form used to document the procedures from the time of collection until receipt by the laboratory.
Chain of Custody Form
26
# SECTION 3. Definitions There are hundreds of Dangerous drugs, but the most important and the most common tested in screening laboratory is: | DANGEROUS DRUGS
- Methamphetamine (Shabu) - Tetrahydrocannabinol (Marijuana)
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# SECTION 3. Definitions Other parameters that are tested includes: | DANGEROUS DRUGS
- Ecstasy - Opium - Cocaine
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# SECTION 3. Definitions National Reference Laboratory for environmental and occupational health, toxicology and micronutrient assay
EAST AVENUE MEDICAL CENTER (NRL-EAMC)
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# SECTION 3. Definitions A rapid test performed to establish potential/presumptive positive result.
Screening Test
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# SECTION 3. Definitions kind of test | Screening Test
Qualitative
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# SECTION 3. Definitions Principle | Screening Test
Immunochromatography/ ELISA etc
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# SECTION 3. Definitions an analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test
Confirmatory Test
33
# SECTION 3. Definitions Principle | Confirmatory Test
Gas chromatography/ Mass spectrophotometry
34
# SECTION 3. Definitions Refers to the body fluid that is collected from a person
Specimen
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# SECTION 3. Definitions Specimen types
* Saliva * Hair * Blood * Urine
36
# SECTION 3. Definitions The specimen may be collected into two forms:
1. One container with 60 mL of urine sample 2. Two containers, each with 30 mL of urine sample (commonly used in the PH)
37
# SECTION 3. Definitions Two containers, each with 30 mL of urine sample (commonly used in the PH) one is used for the __________ (promptly discarded once used) another for challenge test
- screening test - challenge test
38
# Classification of Drug Testing Laboratory Ownership:
* Government * Private
39
# Classification of Drug Testing Laboratory Institutional Character:
* Institutional Based * Freestanding
40
# Classification of Drug Testing Laboratory Service Capability:
* Screening Laboratory * Confirmatory Laboratory
41
SUBJECTED TO UNDERGO Mandatory Drug Testing
- Applicants for Firearms License - Officers and members of the military, police, and other law enforcement - Candidates for Public Office - Persons charged before the prosecutor’s office with criminal charge offense having a possible penalty of imprisonment of not less than 6 years and 1 day - Persons apprehended for the violations of this act
42
Random Drug Testing:
- Students of Secondary or Tertiary schools - Officers and employee of public and private and private offices whether domestic or oversees.
43
# Technical Requirements for Licensing Screening Laboratory floor area | Physical Plant
At least 20 sqm
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# Technical Requirements for Licensing Screening Laboratory work area | Physical Plant
at least 10 sqm
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# Technical Requirements for Licensing Screening Laboratory work area should have | Physical Plant
- exhaust fan - sink - storage cabinet - ref
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# Technical Requirements for Licensing Confirmatory Laboratory floor area | Physical Plant
At least 60sqm
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# Technical Requirements for Licensing Confirmatory Laboratory work area | Physical Plant
at least 30sqm
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# Technical Requirements for Licensing Confirmatory Laboratory work area should have: | Physical Plant
- exhaust fan - sink - stock room - instrumentation room
49
# Technical Requirements for Licensing A Laboratory of whatever category shall have within its premises an area which can receive or accommodate at least _________ | Physical Plant
5 client at a time
50
# Technical Requirements for Licensing required facilities | Physical Plant
- hand washing facility - Toilet facility - stall for the collection of the specimen
51
# Technical Requirements for Licensing the head should be a | Headship of the Laboratory
licensed Physician certified in Clinical Pathology by the Philippine Board of Pathology
52
# Technical Requirements for Licensing if a licensed Physician certified in Clinical Pathology by the Philippine Board of Pathology is not available | Headship of the Laboratory
a licensed physician with training in Clinical Laboratory Management
53
# Technical Requirements for Licensing In case when a drug testing Laboratory is a division of the Laboratory | HEADSHIP OF THE LABORATORY
- Licensed Physician - Chemist - Medical Technologist - Pharmacist - Chemical Engineer
54
# Technical Requirements for Licensing licensed Chemist requirements | HEADSHIP OF THE LABORATORY
- Master’s Degree in Chemistry, Biochemistry or branch of chemistry - 2 years experience in analytical chemistry
55
# Technical Requirements for Licensing Screening Laboratory | Personnel
- shall have a full-time Medical -Technologist, Chemist, Pharmacist, and Chemical Engineer - with appropriate training in screening procedures for dangerous drugs
56
# Technical Requirements for Licensing Confirmatory Laboratory | Personnel
- shall have full-time Medical Technologist, Chemist, Pharmacist and Chemical Engineer - has completed an extensive appropriate training in chromatography, spectroscopy. - The analyst must pass the proficiency test.
57
# Technical Requirements for Licensing Screening Laboratory | Laboratory Equipment
shall have a necessary equipment or kit
58
# Technical Requirements for Licensing Confirmatory Laboratory | Laboratory Equipment
shall have a necessary equipment for screening, qualitative and quantitative examination in addition to the basic equipment.
59
# Technical Requirements for Licensing The Laboratory shall have access to an _________________ approved by the DOH for the authentication of results.
Application Service Provider
60
# Technical Requirements for Licensing IDTOMIS | Application Service Provider
Integrated drug test operations management information system
61
# Accreditation of Drug Testing Centers and Physicians _____ and _____ drug testing centers | DOH
License and accredit
62
# Accreditation of Drug Testing Centers and Physicians Appoint _________ and _______ for effective implementation of this law | DOH
technical and other personnel
63
# Accreditation of Drug Testing Centers and Physicians Accredit ________ who shall conduct the drug dependency exam and after care | DOH
physicians
64
# Accreditation of Drug Testing Centers and Physicians Control of _______, ________, and _________ division | DOH
regulations, licensing and accreditation
65
# Accreditation of Drug Testing Centers and Physicians Establish, operate and maintain drug testing centers in ___________ | DOH
government hospitals | At least basic technologically advanced equipment and materials
66
# Technical Requirement for Accreditation The Laboratory shall maintain a _____ of all of its personnel.
record
67
# Technical Requirement for Accreditation The records must include the:
- resume - training and experience - certification - PRC license - incident report (if any) - other information, which will established the competence of an employee.
68
# Technical Requirement for Accreditation The laboratory shall have ____________ to control access to the premises to ensure that only authorized personnel handle or have access to specimens or gain access to the lab.
security measures
69
# Technical Requirement for Accreditation The minimum required information on the Chain of Custody are:
1. Information identifying the specimen (Specimen type, volume/amount) 2. Date and time of the specimen (Accurate) 3. Name of the testing laboratory 4. Name of the signatures of all individuals who had custody of the samples during the collection process. (all personnel who handled the sample)
70
# Technical Requirement for Accreditation Report pertaining to specimens for laboratory report shall be kept by the testing laboratory for a __________ | Storage of Laboratory Reports and Specimens
minimum period determined by DOH (1 year)
71
# Technical Requirement for Accreditation Specimens can be stored for: | Storage of Laboratory Reports and Specimens
* Minimum of 5 days (negative) * 15 days (positive but not challenged) * 1 year
72
# Technical Requirement for Accreditation _________ must be observed at all times | Urine Specimen Collection, Handling and Disposal
Universal precautions
73
# Technical Requirement for Accreditation Infectious waste such as gauze pad contaminated with urine specimen | Urine Specimen Collection, Handling and Disposal
Yellow
74
# Technical Requirement for Accreditation Biodegradable waste (food waste) | Urine Specimen Collection, Handling and Disposal
Green
75
# Technical Requirement for Accreditation Non-biodegradable waste (paper, office supply waste) | Urine Specimen Collection, Handling and Disposal
Black
76
# Technical Requirement for Accreditation Screening Laboratory: | Equipment and instruments
Drug Testing Kits
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# Technical Requirement for Accreditation Confirmatory Laboratory: | Equipment and instruments
* Weighting scale * Glassware's used in testing (beaker, Erlenmeyer flask, pipettes) * Automatic pipettes * Chromatographs * Spectrometer/Mass Spectrometer * Biological Safety Cabinet
78
# Technical Requirement for Accreditation Signatory must be the ___________ and also the __________. | Laboratory Report
- analyst who performed the test - head of the Laboratory
79
# Technical Requirement for Accreditation For SCREENING, the test result must be reported as __________ | Laboratory Report
POSITIVE OR NEGATIVE.
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# Technical Requirement for Accreditation For CONFIRMATORY, the test result shall _________ | Laboratory Report
report the analyte and the concentration.
81
# Technical Requirement for Accreditation 2 two copies must be produced: | Laboratory Report
* 1 copy for the client * 1 copy must be forwarded to DOH and must include the membrane of the drug test kit.
82
# Technical Requirement for Accreditation ____ shall conduct a continuing assessment of proficiency of the Screening and Confirmatory Laboratory | Proficiency Testing
NRL
83
# Technical Requirement for Accreditation Participation of the laboratory is important and also must be satisfactorily passed the testing in order for the laboratory to _________ | Proficiency Testing
renew their license
84
# Technical Requirement for Accreditation The results must sent back to NRL within ___________ | Proficiency Testing
3 weeks after the results
85
# Technical Requirement for Accreditation Failure to pass the proficiency testing shall be given ________ | Proficiency Testing
another chance
86
# Technical Requirement for Accreditation failure to pass the second one shall result in ____________ | Proficiency Testing
revocation of its license and accreditation
87
# Technical Requirement for Accreditation Unlike pregnancy test result, a ________ drug test result indicates a presence of line, and a ______ result is an absence of line. | Drug Testing Result
- negative - positive
88
# Technical Requirement for Accreditation A drug certificate is valid for ______ from the date of issue. Which may also be used for other purpose. | Validity of the Test Result
1 year
89
# Technical Requirement for Accreditation Private Hospital/Free Standing Laboratory | Allowable Service Fee
P 300
90
# Technical Requirement for Accreditation Public Hospital | Allowable Service Fee
P 250
91
# Licensing and Accreditation The following must be submitted to DOH via BHFS before certificate of accreditation and license to operate is given:
1. BHFS application form 2. Mayor’s Permit 3. 1 set of floor plan 4. List of personnel, list of credentials, health certificate 5. List of Equipments 6. Contract of License (if facility is rented) 7. Copy of DOH license to operate 8. Documentation of CCF 9. Quality Control Program (Screening Laboratory) 10. Certification for Quality Control Standard System by a DOH recognized certifying body (Confirmatory Laboratory) 11. Proficiency Testing Result 12. * Procedure Testing Manual
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# DRUG TESTING RESULT No visible line adjacent to C | CONTROL
defective kit
93
Two visible lines | POSITIVE
tested positive for marijuana OR shabu
94
# DRUG TESTING RESULT Only the control line is visible | POSITIVE
positive for BOTH marijuana and shabu
95
# DRUG TESTING RESULT Three visible lines
NEGATIVE
96
CONTENT OF LICENSE TO OPERATE
* Name of the owner * Head of the Laboratory * Procedures and Specialty (SCREENING OR CONFIRMATORY) * Validity Report * Signature of the Bureau or CHD Director
97
# Validity of LTO Screening
1 year
98
# Validity of LTO Confirmatory
2 years
99
# Renewal of LTO/COA It shall be filled __________ of license
90 days before the expiration
100
# Renewal of LTO/COA License to Operate:
* Application for renewal * Notarized List of Personnel * List of Equipment * Current Certificate of Accreditation * Current Mayor’s Permit
101
# Renewal of LTO/COA Certificate of Accreditation:
* Current license to Operate * Current Certification for Quality Standard System (Confirmatory Laboratory)
102
# Monitoring of Laboratories The ______ or ________ may conduct a visit on the site (Laboratory) unannounced. And the monitoring shall be documented the overall quality of the laboratory setting.
bureau or the CHD
103
# Terms and Conditions of Licensing/Accreditation Licensing/Accreditation License/accreditation shall be granted in accordance with the prescribed requirement of the ___
DOH
104
# Terms and Conditions of Licensing/Accreditation A license/accreditation that is not renewed on the expiry date shall be considered _____ and will be cancelled.
lapsed
105
# Terms and Conditions of Licensing/Accreditation Any change in _________, _______, ________, ___________, ________ etc shall be reported to the DOH via BHFS.
- management name - ownership - floor plan - reliever - equipment
106
# Terms and Conditions of Licensing/Accreditation License/Accreditation shall be placed in an area where it is _________
seen by the client
106
# Violations Issuance of _______ result
fraudulent
107
# Violations Failure to protect the _________ of a drug test result
confidentiality
107
# Violations Failure to participate in a _________
proficiency testing
108
# Violations Failure to refer a positive result to a ___________
confirmatory laboratory
108
# Violations Refusal to ________ to inspect their laboratory
CHD
109
# Violations Any act which is _______ to the accepted clinical laboratory practice.
contrary
109
# Issuance of False or Fraudulent Drug Test Results Any person authorized, licensed or accredited who issues false or fraudulent drug test results ___________, _______, or, ___________
- knowingly - willfully - through gross negligence
109
# Issuance of False or Fraudulent Drug Test Results Imprisonment: | Penalties
6 years and 1 day to 12 years
109
# Issuance of False or Fraudulent Drug Test Results Fine: | Penalties
Php 100,000 to Php 500,000
110
# Issuance of False or Fraudulent Drug Test Results Additional penalties: | Penalties
revocation of license to practice / closure of drug testing center
111
# Suspension or Revocation of LTO/COA Based on its own _______ of any complaint
inspection
112
# Suspension or Revocation it shall be investigated and after ______, and depending on the judgment. Revocation or suspension of the license will be done.
due hearing
112
# Suspension or Revocation If any violation is done (under section 17) ________ shall be done. And should not be more than ______
- preventive suspension - 60 days
113
# Reapplication for LTO/COA A Laboratory whose certificate of accreditation has been revoked may be reapply for the issuance of a new one upon ____________ and/or _________
- compliance with the requirements established hereunder - the correction of the deficiency or violation.
114
# Laboratory Examination or Test on Test on Apprehended/Arrested Offenders Apprehended/Arrested Offenders Any person apprehended or arrested for violating the provisions of this act shall be subjected to ________ within _________
- screening laboratory examination - 24 hours
114
If found to be positive, the results of the screening laboratory exam shall be challenged within ________ after the receipt of the result through a confirmatory test in any accredited laboratory
- 15 days -
115
confirmatory gold standard
- Gas chromatograph - mass spectrometry
116
confirmatory platinum standard
- Liquid chromatography - mass spectrometry
116
Use of Dangerous Drugs (First offense)
minimum of six (6) months rehabilitation in a government center | subject to the provisions of Article VIII of this Act
116
Use of Dangerous Drugs (Second offense)
- imprisonment ranging from six (6) years and one (1) day to twelve (12) years - fine ranging from P50,000 - P200,000.00
117
Provided, That this Section shall not be applicable where the person tested is also found to have in ____________ provided for under Section 11 of this Act, in which case the provisions stated therein shall apply
his/her possession of such quantity of any dangerous drug
117
# Republic Act No. 10586 also known as?
Anti-Drunk and Drugged Driving Act of 2013
118
# Republic Act No. 10586 These Rules shall cover all acts of driving and/or operating a motor vehicle while under the influence of ______, and/or ________ and ____________
- alcohol - dangerous drugs - similar substances
119
# Republic Act No. 10586 A driver of a motor vehicle involved in a vehicular accident resulting in the loss of human life or physical injuries shall be subjected to _________ and ________ whenever practicable | vehicular accident
- on site field sobriety test - ABA testing
119
# Republic Act No. 10586 there after chemical tests, including a ____________ and, if necessary, a ____________ as mandated under Republic Act No. 9165 | vehicular accident
- drug screening test - drug confirmatory test
120
# Republic Act No. 10586 The LTO shall conduct ___________ and ___________ of public utility drivers
- random terminal inspections - quick random drug tests
121
An act to further strengthen the anti-drug campaign of the government, amending for the purpose section 21 of republic act no. 9165, otherwise known as the “comprehensive dangerous drugs act of 2002″
REPUBLIC ACT 10640
122
# REPUBLIC ACT 10640 President of the Senate
(Sgd.) FRANKLIN M. DRILON
123
# REPUBLIC ACT 10640 Speaker of the House of Representatives
(Sgd.) FELICIANO BELMONTE JR.
124
# REPUBLIC ACT 10640 Secretary of the Senate
(Sgd.) OSCAR G. YABES
125
# REPUBLIC ACT 10640 Secretary General House of Representatives
(Sgd.) MARILYN B. BARUA-YAP
126
# REPUBLIC ACT 10640 President of the Philippines
(Sgd.) BENIGNO S. AQUINO III
127
# REPUBLIC ACT 10640 This Act which is a consolidation of ________ and _______
- House Bill 2285 - Senate Bill No. 2273
128
# REPUBLIC ACT 10640 passed by the House of Representatives and the Senate on ____________
June 9, 2014
129
# REPUBLIC ACT 10640 Approved:
JUL 15 2014
130
# REPUBLIC ACT 10640 representative of the __________ or ___________ who shall be required to sign the copies of the inventory and be given a copy thereof:
- National Prosecution Service - the media
131
# REPUBLIC ACT 10640 Provided, That the physical inventory and photograph shall be conducted at the place where the ___________ | physical inventory and photograph shall be conducted
search warrant is served
132
# REPUBLIC ACT 10640 physical inventory and photograph shall be conducted where in case of warrantless seizures:
- nearest police station - nearest office of the apprehending officer/team
133
# REPUBLIC ACT 10640 That noncompliance of these requirements under justifiable grounds, as long as the ________________________ by the apprehending officer/team, shall not render void and invalid such seizures and custody over said items.
integrity and the evidentiary value of the seized items are properly preserved
134
# REPUBLIC ACT 10640 A ________________, which shall be done by the forensic laboratory examiner, shall be issued immediately
certification of the forensic laboratory examination results
135
# REPUBLIC ACT 10640 To implement effectively the provisions of Section 21, the _______________ shall issue the necessary guidelines on the IRR for the purpose in consultation with the ______________ and relevant sectors to curb increasing drug cases
- Philippine Drug Enforcement Agency (PDEA) - Department of Justice (DOJ)
136
# REPUBLIC ACT 10640 In any case, the _________ of the seized/confiscated items received from the apprehending officer/team, and examined in the forensic or crime laboratory shall be observed
chain of custody
137
# REPUBLIC ACT 10640 To expedite the immediate disposition and destruction of seized/confiscated plant sources of dangerous drugs at the eradication site, the _____________ or _________ shall get and preserve their representative samples, after their seizure and confiscation, and perform field or screening test at the site, as far as practicable.
seizing officer or forensic chemist
138
# REPUBLIC ACT 10640 The release of the certification or chemistry report shall be after the ____________ of the samples examined.
confirmatory test