With 18 affirmative votes, zero negative vote, and zero abstention, Senate Bill 2432 or the proposed Anti-Agricultural Economic Sabotage Act has been approved by the upper chamber.
The proposed measure sets the guidelines to declare cases of agricultural smuggling, hoarding, profiteering, or engagement in a cartel as economic sabotage.
Under the bill, the crime of agricultural smuggling is committed when the value of each, or a combination of, agricultural and fishery products smuggled by a person is at least P3 million using the Daily Price Index—which will also be established under the proposed measure—at the time the crime was committed.
Agricultural hoarding will be considered as economic sabotage if a person or combination of persons is in possession of stocks of agricultural and fishery products in excess of 30% of their normal inventory level two weeks after the declaration of an abnormal situation, an emergency, or state of calamity.
SB 2432 also specifies other prohibited acts such as financing of agricultural economic sabotage crimes, use of government facilities by traders and other private businesses, among others.
Proposed penalties
The penalty for crimes specified under the proposed measure ranges from two years to life imprisonment and fines depending on the crime committed.
The prescription period for crimes punishable by life imprisonment under this bill is set at 25 years while other crimes with lower number of years of imprisonment will follow the prescription period under Act 3326.
Creation of new council
The proposed legislation also seeks to create an Anti-Agricultural Economic Sabotage Council, which will be under and chaired by the President or his designated permanent representative.
The members will be composed of individuals from the following agencies:
Department of Agriculture (DA);
Department of Trade and Industry (DTI);
Department of Justice (DOJ);
Department of Finance (DOF);
Department of the Interior and Local Government (DILG);
Department of Transportation (DOTr);
Anti-Money Laundering Council (AMLC); and
Philippine Competition Commission (PCC).
There will also be representatives from the following sectors:
Sugar;
Rice and Corn;
Livestock and Poultry;
Vegetables and Fruits;
Fisheries and other aquatic products; and
Tobacco.
The proposed law directs the secretary of the Department of Justice to constitute a special team of prosecutors all over the country to assist the council in seeking criminal cases against involved individuals.
An Anti-Agricultural Economic Sabotage Enforcement Groups will likewise be created to assist the council. It will be composed of the National Bureau of Investigation, Philippine National Police, Philippine Coast Guard, Philippine Ports Authority, Bureau of Fisheries and Aquatic Resources, DA-Inspectorate and Enforcement, Bureau of Plant Industry, Bureau of Animal Industry, National Meat Inspection Service, Sugar Regulatory Administration, National Tobacco Administration, Bureau of Customs, Bureau of Internal Revenue, and representatives from the concerned agriculture sector as enumerated by the Council.
All violations under the proposed measure shall be under the exclusive jurisdiction of the Court of Tax Appeals.
Further, the bill compels all persons engaged in agricultural and fishery business to maintain records of their business and store them for five years from the dates of transactions.
It likewise provides guidelines for the registration of all persons with warehouses, cold storage facilities, or any property involved in the storage of agricultural and fisher products whether owned, leased or maintained through third persons.—RF, GMA Integrated News
