Senators define, propose stiff penalties for agri economic sabotage

Senators have recommended that the acts of agricultural smuggling and hoarding be considered economic sabotage when the value of each agricultural and fishery product is at least P1 million.

They are also pushing for the penalty of life imprisonment and a fine equal to three times the value of the agricultural and fishery products subject to the crime as economic sabotage on any person who commits, aids, or abets the commission of prohibited acts.

This was stated in the Committee Report 118 on Senate Bill 2432 signed by Senators Cynthia Villar Sonny Angara, Francis Tolentino, Imee Marcos, Ronald dela Rosa, Mark Villar, Nancy Binay, JV Ejercito, Francis Escudero, Jinggoy Estrada, Ramon Revilla, Jr., Loren Legarda, Joel Villanueva, Aquilino "Koko" Pimentel III, Risa Hontiveros, and Grace Poe.

The report said that the smuggling of agricultural and fishery products ''negatively affects agricultural production, supply of agricultural products, stability of prices, and threatens the food security of its people."

The senators said that economic sabotage in agriculture refers to any act or activity that disrupts the economy by creating artificial shortages, promoting excessive importation, manipulating prices and supply, evading payment or underpayment of tariffs and customs duties, threatening local production and food security, gaining excessive or exorbitant profits by exploiting situations, creating scarcity, and entering into agreements that defeat fair competition to the prejudice of the public.

Under the prohibited acts, the crimes of agricultural smuggling, hoarding, profiteering, and cartel as economic sabotage are committed when the value of each agricultural and fishery product subject to the crime is at least P1 million, using the Daily Price Index, under Section 19 of the proposed law, computed at the time the crime was committed.

The bill also seeks the creation of 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:

a) Department of Agriculture (DA);
b) Department of Trade and Industry (DTI);
c) Department of Justice (DOJ);
d) Department of Finance (DOF);
e) Department of the Interior and Local Government (DILG);
f) Department of Transportation (DOTr);
g) Anti-Money Laundering Council (AMLC); and
h) Philippine Competition Commission (PCC).

There will also be representatives from the following sectors:

i) Sugar;
ii) Rice and Corn;
iii) Livestock and Poultry;
iv) Vegetables and Fruits;
v) Fisheries and other aquatic products; and
vi) Tobacco.

The bill said that the sector representative shall be chosen by the President of the Philippines from a list of three nominees submitted by the sector and shall serve for a fixed term of three years unless earlier replaced by the President upon recommendation of the sector.

The Council's vital functions include the formulation of a national plan to address and counter the agricultural economic sabotage crimes defined in the proposed law.

The Council must also coordinate the support and participation of the business sector, local government units, and non-government organizations in the effort against agricultural economic sabotage crimes, particularly crime prevention programs and other related projects.

It will also direct the speedy investigation and prosecution of all persons accused or detained for the crimes punishable under the proposed law and monitor the progress of their cases.

The Council is also tasked with freezing the funds, properties, bank deposits, placements, trust accounts, assets, and records belonging to a person suspected of or charged with the crimes punishable under the proposed measure.

Further, the Council shall take charge and have custody of all confiscated, seized, or surrendered agricultural and fishery products subject to the crimes of economic sabotage.

There will be a Special Team of Prosecutors that is dedicated to assisting the Council in handling criminal cases and an Anti-Agricultural Economic Sabotage Enforcement Group that will carry out operations related to the campaign.

Senator Cynthia Villar, chairperson of the Senate committee on agriculture, said special courts may also be created. 

"Today mas hinigpitan natin ang batas and we will create an anti-smuggling and cartel court, dati RTC lang ngayon payag na ang SC (Supreme Court) na we will create special courts na parang kasing taas ng Sandiganbayan," she told reporters. — VBL, GMA Integrated News