Title
DOA Deputation for Price Act Enforcement
Law
Doa Department Order No. 02, S. 2005
Decision Date
Feb 22, 2005
Department Order No. 02-05 grants certain cities and municipalities in the Philippines the authority to enforce the Price Act, empowering them to regulate and control the prices of basic necessities during calamities, emergencies, and illegal price manipulations.

Questions (DOA DEPARTMENT ORDER NO. 02, S. 2005)

It is deputizing the implementing arm to enforce Republic Act No. 7581, otherwise known as the Price Act.

It is pursuant to Sec. 10(14) of R.A. 7581.

Whenever the President declares the city or municipality under a state of calamity under Sec. 6, and upon a mandated price control of basic necessities under Sec. 7, and also whenever there is prevalence of illegal acts of price manipulation under Sec. 5.

The Office of the Mayor of the listed cities and municipalities and/or his duly authorized representative.

Examples include: rice, corn, cooking oil, fresh pork/beef/poultry meat, fresh eggs, fresh milk, fresh vegetables, root crops, sugar, and fresh/dried fish and other marine products.

Examples: Kalookan City, Makati City, City of Manila, Quezon City, Pasay City, among others as listed in the order.

They may conduct investigations of violations and impose administrative fines within the stated minimum and maximum limits.

No less than Php 1,000.00 nor more than Php 1,000,000.00.

They must consider: (a) whether the subject is a basic necessity/prime commodity (basic necessities more serious); (b) whether the violation is under price control under Secs. 6 and 7 (violations involving basic necessities/prime commodities under price control more serious); (c) number of violations and whether the respondent has prior violations; and (d) other relevant considerations.

Yes. They may require the attendance and testimony of witnesses and may require production of objects, books, papers, documents, contracts, records, financial statements, accounts, agreements, and other relevant evidence.

After due notice and hearing, they may issue cease and desist orders, reprimand/censure, suspend/revoke/cancel permits/licenses/authority/registration, or order permanent closure of an establishment.

It shall not be more than ten (10) days.

To cause seizure by the government of basic necessities and prime commodities subject of a violation, whenever the nature of or demand for such goods requires it.

Pending litigation, the proceeds are to be held in trust or escrow by the implementing agency.

The proceeds from their sale shall be paid to him.

They shall accrue to the general fund of the Government.

The head of the implementing agency must broadcast in radio/TV and publish in at least two (2) newspapers of general circulation the fact of sale/disposition at least three (3) days before the date of sale/disposition.

It takes effect immediately after publication in two (2) newspapers of general circulation and remains effective until revoked.


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