Question & AnswerQ&A (Republic Act No. 10845)
The short title of Republic Act No. 10845 is the Anti-Agricultural Smuggling Act of 2016.
The State's policy is to promote the productivity of the agriculture sector and protect farmers from unscrupulous traders and importers who illegally import agricultural products, affecting food security and farmers' economic well-being. The State imposes higher sanctions for large-scale smuggling of agricultural products to shield itself from economic sabotage.
Large-scale agricultural smuggling involves smuggling sugar, corn, pork, poultry, garlic, onion, carrots, fish, cruciferous vegetables with a minimum value of P1,000,000.00 or rice with a minimum value of P10,000,000.00 as valued by the Bureau of Customs, committed through acts such as importing without required permits, using fake or fraudulent permits, misdeclaration, using dummy corporations, transporting or storing smuggled goods, or acting as a broker for smugglers.
The penalty is life imprisonment and a fine of twice the fair value of the smuggled agricultural product plus the aggregate avoided taxes, duties, and charges. Officers of dummy corporations who allow unauthorized use of permits face 17-20 years imprisonment and similar fines. Transporters, warehouse owners, and officials involved face imprisonment ranging from 12 to 17 years and fines.
The president, chief operating officer, or manager who consents to or tolerates the commission of the crime shall be criminally liable.
The smuggled agricultural products shall be confiscated, and properties used in smuggling shall be forfeited in favor of the government.
Mere possession of rice or any agricultural product entered without necessary permits or through unauthorized ports is prima facie evidence of smuggling.
They shall receive the maximum penalties prescribed and suffer perpetual disqualification from public office, voting, and participation in any public election.
The crime prescribes in twenty (20) years.
The Act takes effect fifteen (15) days after its publication in the Official Gazette or in two newspapers of general circulation.