Question & AnswerQ&A (EIAB MEMORANDUM CIRCULAR NO. 93-11-01)
The legal basis is Batas Pambansa Blg. 33 as amended by P.D. 1865, particularly Sections 2 (b) and 3, which prohibit and define hoarding of petroleum products including LPG.
Hoarding is defined as the undue accumulation by a trader of petroleum and/or petroleum products beyond his or its normal inventory levels and/or the unjustified refusal to dispose of, sell or distribute the same to consumers.
A person convicted of hoarding LPG shall be punished with a fine of not less than P20,000 but not more than P50,000, or imprisonment of at least 2 years but not more than 5 years, or both, at the discretion of the court.
Yes, the government can impose a fine of not more than P10,000 or suspend or remove the license or permit of hauler, marketer, refiller, dealer, sub-dealer, or retail outlet involved in hoarding.
Yes, the unjustified refusal to sell or distribute LPG is considered an act of hoarding under the law.
Any person, including haulers, marketers, refillers, dealers, sub-dealers, or retail outlets who commits the prohibited acts can be penalized.
The minimum imprisonment is 2 years and the maximum is 5 years upon conviction.
Yes, administrative penalties are imposed only after due notice and hearing.
Some areas of Metro Manila and Luzon provinces were reported to experience LPG scarcity due to hoarding.