QuestionsQuestions (EXECUTIVE ORDER NO. 371)
To fix the maximum selling prices of certain essential goods and to promulgate rules and regulations for enforcing those price ceilings.
Authority vested by Commonwealth Act No. 800, as amended by Commonwealth Act No. 680, upon recommendation of the Emergency Control Board.
Manila and other chartered cities, various provincial capitals and distributing centers, and specified special municipalities in the province of Romblon as listed in the schedules.
They may not be sold above the maximum price fixed for the lowest-priced basic commodity/brand/class that is the same as or similar to them, unless the Emergency Control Administration issues a Special Permit classifying them as the same/similar to higher-priced basic commodities.
They use the basic prices in the schedules (or any appended/authorized schedule) plus the usual cost of transportation from the provincial capital or distributing center to the place of sale, until that usual transportation cost is determined by the Provincial Committee and given the required publicity.
To determine the usual transportation cost between the provincial capital/distributing center and each municipality/municipal district, and to issue a Provincial Emergency Control Order fixing maximum retail prices for each essential article in each municipality/district covered.
The Emergency Control Administrator may issue Special Permits for importers, producers, manufacturers, wholesalers, and retailers to trade above the fixed prices if they submit satisfactory evidence of increased CIF port price, increased production cost preventing a reasonable profit margin if sold at fixed prices, and that existing stocks are exhausted or will soon be exhausted requiring replacement at higher cost.
Yes. If CIF prices decline or commodities are sold in distributing centers far below the maxima, the Emergency Control Administration may reduce maximum selling prices by Emergency Order and direct proportional reductions by the Provincial Committee.
No such Special Permit authorizes sales at a price exceeding 20% over the cost price.
To appoint agents/officers and deputies (subject to Finance Secretary approval), prescribe forms and issue preliminary Special Permits/Emergency Orders, inspect bodegas/storerooms, and require regulated parties to keep records of stocks subject to inspection.
They remain in force until revoked, altered, or modified by a subsequent Executive Order or by a Special Permit or Emergency Order from the Emergency Control Administrator, with required public notice.
No, the maximum prices do not apply to purchases by the Commonwealth Government and its subdivisions/agencies/instrumentalities, or by the Government of the United States and its agencies, when those purchases call for higher quality or different specifications than those ordinarily required for the scheduled items.
To the City Fiscal or Provincial Fiscal (as applicable), with a copy forwarded to the Emergency Control Administrator in Manila.
They take effect 48 hours after publication by posting in conspicuous places in relevant government/school/market locations; Provincial Emergency Control Board orders and schedules must likewise be given publicity by posting at municipal buildings, schoolhouses, and public markets 48 hours after publication.
Mayors must furnish retail store owners with copies of schedules. Retail store owners must post, at the store entrance, complete lists of the articles they sell with their local maximum selling prices as required.
It must be published once in the Official Gazette and also once in a daily newspaper in English and once in a daily newspaper in Spanish of general circulation.
Violations (e.g., selling above maximum prices, disobeying lawful orders, obstructing enforcement, failing to post required price lists, or violating any provision) are punished as provided in Article 5 of Commonwealth Act No. 309.
It supplants and supersedes EO 233 (Nov. 8, 1939), EO 236 (Nov. 29, 1939), EO 237 (Nov. 29, 1939), and EO 237 (Jan. 2, 1940). It does not affect prosecutions, suits, actions, proceedings, or acts already commenced or done prior to its issuance; those remain governed/continued under the prior orders.