Republic Act No. 10845 establishing the Anti-Agricultural Smuggling Act of 2016

(a) Importing or bringing into the Philippines without the required import permit from the regulatory agencies; (c) The penalty of imprisonment of not less than fourteen (14) years but not more than seventeen (17) years and a fine

(b) Using import permits of persons, natural or juridical, equal to the fair value of the smuggled agricultural product other than those specifically named in the permit; and the aggregate amount of the taxes, duties and other charges avoided shall be imposed o n the following:

(c) Using fake, fictitious or fraudulent import permits or shipping documents; (1) The registered owner and its lessee or charterer, in case of lease, of a chartered boat, motorized commercial vessel

(d) Selling, lending, leasing, assigning, consenting or· of more tlian three (3) gross t on n age, who knowi ngly allowing the use of import permit s of corporations, transports the agricultural product subject to economic nongovernment organizations, associations, cooperatives,_ or sabotage, regardless of quantity; single proprietorships by· other persons; (2) The registered owner and its lessee, in case of lease

(e) Misclass ification, undervaluation or misdeclaration of six (6) or more wheeler trucks, vans and other means of upon the filing of import entry and revenue declaration with the BOC in order to evade the payment of rightful taxes and· transportation, who knowingly transports the agricultural duties due to the g overnment; product subject to economic sabotage, regardless of quantity;

(f) Org a n izing or using dummy corporations, (3) The registered owner and lessee of a warehouse, or nongovernment organizations, associations, cooperatives, OT any property, who knowingly stores the snrnggled agTicultw-al single proprietorships for the purpose of acquiring import product subject to economic sabotage; o! permits; (4) The registered owner, lessee, president or chief

(g) Transporting or storing the agricultural product executive officer of the private port, fish port, fish landing subject to economic sabotage regardless of quantity; or sites, re sorts, and airports who knowingly allows the agricultural product to be smuggled into the country. 4 (d) The penalty of imprisonment of not less than twelve SEC. 5. PresiLmption of Agricultural SnuLggling. - Mere (12) year s but not more than fourteen (14) years and a fine possession of rice or any agricultural product under t his Act, equal to the fair value of the smuggled agricultural product which has been the subject of smuggling, -entered into the subject to economic sabotage and the agg.regate amount of the Philippines other than the BOC controlled ports or without the taxes, duties and other charges avoided shall be imposed on necessary permits shall be prima facie evidence of smuggling. the following: SEC. 6. Implementing Rules and Regidations. - The (1) The registered owner and its lessee or charterer, in BOC, in consultation with conce rned agencies, shall case of lease, of a chartered boat, motorized commercial vessel promulgate the implerneniing rules and regulations of this Act of three (3) gross tonnage or less, who knowingly transports { within thirty (30) days upon its effectivity. t he a gricultural product subject to econ omic sabotage, regardless of quantity; or { SEC. 7. Prescription of Crimes. - The crime punishable ( under this Act shall prescribe in twenty (20) years. (2) The registered owner and its lessee, in case of lease, of less than six (6) wheeler trucks, vans and other means of SEC. 8. Separability Clause. - If any pmtion of this Act transportation, who knowingly tran>',ports the agricultural is declared uncohstitutional or i nvalid, the portions or product subject to economic sabotage, regardless of quantity. provisions which are not affected shall continue to be in full force and effect. In all cases, the smuggled agricultural products shall be confiscated and the property used in agricultural smuggling, SEC. 9. Repealing Clause. - All laws, decrees, executive consistent with Section 2530 of the Tariff and Customs Code issuances, rules and regulations inconsistent with this Act are and without prejudice to Section 2531 of the same Code, shall hereby repealed and/or modified accordingly. be forfeited in favor of the government. SEC. 10. Effectivity Clause. - This Act shall take effect When the offender is a juridical person, criminal liability after fifteen (15) days following its publication in the Official shall attach to its president, chief operating officer or manager Gazette or in two (2) newspapers of general circulation. who consents to or knowingly tolerates the commission of the prohibited crime. Approved, Any person, n atural or juridical, found guilty under this Act shall· also suffer the penalty of perpetual absolute disqualificat ion to engage in any business involving· importation. ��. FELICIANO BEL��n(;_': Speaker of the House In applying the abovementioned penalties, if the offender is an alien and the prescribed penalty is not life imprisonment, of Representatives he/she shall be deported after serving the sentence without further proceedings for deportation. If the offender is a government official or employee, the penalty shall be the maximum as hereinabove prescribed and the offender shall suffer an additional penalty of perpetual disqualification from public office, to vote and to participate in any public election. 06.- O()f �-- ----. ------�-------��--=· '--· � 6 Senate Bill No. 2923, which was approved by the Senate on October 5, 2015, was adopted as an amendment to House Bill No. 6380 by the House of Representatives on February 2, 2016. �f� Secreta,y Gmeral SecretQ/y of the Senate House ofRepresentatives Approved: '!FAY 'll 2 s zij·us / QUINO III l � O President o Philippines 0 I'),<_,,,,,, r .-- OFFICE OF THE COMMISSIONER c of the Philippines ROUTING SLIP ENT OF FINANCE co issioner For approval Comer P2blo Ocampo, Sr. Strcel eputy Commissioner, AOCG For signature Manila 1004 Deputy Commissioner, EG For appropriate action Deputy Commissioner. JAG Please attend Dep,YtY Commissioner. IG For compliance Mputy Commissioner. MISTG - For commen1/recommendation /oeputy Commissioner, RCMG For consideration Director, Administration Office �r �issemination/CMC Director, CIIS Pldse handle Director, ESS far Information Director, Collection Service For instructions Director, Financial Management Office Director, Financial Service Sub-Port Chairman, CBW Committee Head, TCC Secretariat Chief, AMO a Head, X-ray Inspection Project l'r\() �== == ===========================�t Others/CC/Attn: By: (Avrr/J. � n �===================================� , the attached 26 May 2016 letter of Director I- Records Office, Office of t e h President, o i c s N . 10845, wh h wa approved on May 23, I- GE-SCALE AGRICULTURA L SMUGGLING E NA TI E F R E OR AND FOR BING ;�;;; hin 48����; ;;��;;���;�� P L S T HE Please ::�;� [:::� - respond/report wit hours on preliminary report full report when necessary s h ou Id be submitted within a week. ATTY. MARIC 1DT. DE VERA Office of t�:),missioner �� MA. LO URDES B. REI{� CENTE Undersecretary and Chief of Staff Reference No. 052616DOF001 53J Republic of the Philippines DEPARTMENT OF FINANCE Roxas Boulevard Comer Pablo Ocampo, Sr. Street Manila 1004 27 May 2016 Commissioner ALBERTO D. LINA Bureau of Customs (BOC) Port Area, Manila Dear Commissioner Lina: We are forwarding herewith, for information, the attached 26 May 2016 letter of Director Marianito M. Dimaandal, Malacariang Records Office, Office of the President, transmitting a certified copy of Republic Act No. 10845, which was approved on May 23, 2016 entitled: "AN ACT DECLARING LARGE-SCALE AGRICULTURAL SMUGGLING AS ECONOMIC SABOTAGE, PRESCRIBING. PENALTIES THEREFOR AND FOR OTHER PURPOSES." Thank you. Very truly yours, �� �� MA. LOURDES B. RECENTE Undersecretary and Chief of Staff Reference No. 052616DOF00153I - .,L A..,.,# �ffice of tbe �regibent of toe �bflippineg .�. DEPARTMENT OF FINANCE · 1v ;£-malacafian g � Rspubllc DI lh! Philippines f Ill llllllllllllllllllllII Il Il l l l l l lll lI I I I Il 05261600F001531 MALACANANG RECORDS OFFICE Manila, May 26, 2016 • HON. CESAR V. PURISIMA Secretary Department of Finance Manila S i r : I have the honor to transmit for your information and guidance, a certified .copy of Republic Act _No. 10845 which was approved on May 23, 2016 entitled "AN ACT DECLARING LARGE-SCALE AGRICULTURAL SMUGGLING AS. ECONOMIC SABOTAGE, PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES." Thank you. Very truly yours, MAR�AANDAL Director IV M-128 Mabini Hall, Malacafiang, Manila Trunkline 784-4286 loc. 4029/ 4123/ 4153