AMID the marathon plenary debates, the House of Representatives under the leadership of Speaker Ferdinand Martin Romualdez unanimously approved on third and final reading House Bill (HB) 9284 which would expand Republic Act (RA) 10845, otherwise known as the “Anti-Agricultural Smuggling Act of 2016.”
The bill, which garnered 289 affirmative votes, was certified as urgent by the President. It seeks to declare large-scale agri-fishery commodities and tobacco smuggling, hoarding, profiteering, cartelizing, and other acts of market abuse as economic sabotage. It provides that the crime of large-scale agri-fishery commodities or tobacco smuggling as economic sabotage is committed when the aggregate fair market value of agri-fishery products is P2.5 million, or if it involves tobacco products with a minimum excise tax or value-added tax payable in the amount of P1 million.
As incorporated in the bill, these acts could also be committed by way of 1) acting as an agent, facilitator, forwarder, or warehouse/cold storage lessor of the violating importer, 2) approving in one’s capacity as a public employee the importation without the require import clearance, and 3) allowing the use of private ports, resort, or airport to perpetuate the economic sabotage.
Those found guilty of large-scale smuggling, hoarding, profiteering, cartelizing and others acts of market abuse would be penalized with life imprisonment and a fine of six times the fair market value of the agri-fishery commodities or tobacco, including the aggregate amount of taxes, duties and other charges avoided “plus interest at the prevailing legal rate.”
The bill also states that the agri-fishery commodities and tobacco subject to these violations would be confiscated, and the property used would be forfeited in favor of the government, consistent with RA 10863 or the “Customs Modernization and Tariff Act” and RA 7581 or the “Price Act,” provided that the involved entities fail to produce evidence in the contrary within five (5) working days.
The House also ratified the bicameral conference committee report on the disagreeing provisions of HB 6527 and Senate Bill 2233, providing for the enabling environment to foster the growth of public-private partnerships for infrastructure and other development projects.
Senior Deputy Speaker Aurelio “Dong” Gonzales Jr. presided over the session.
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