Question & AnswerQ&A (BTRCR DEPARTMENT ORDER NO. 17)
Its main purpose is to prescribe guidelines for the disposition of products seized and forfeited, as well as those bought by DTI agents or submitted as evidence.
They shall be endorsed for examination and evaluation by the concerned government agency, and if found unfit or a menace, they shall be destroyed or condemned in the presence of authorized representatives.
They may be disposed of by sale at public auction, sale through negotiation, donation to government or charitable entities, exportation, recycling, or other modes authorized by the Secretary or authorized representatives.
If the value of goods does not exceed P50,000, notice shall be posted in public places for at least seven days; if it exceeds P50,000, notice shall be published in a newspaper of general or local circulation.
A committee may negotiate the sale either singly or in a group, ensuring the government gets the best price, witnessed preferably by a private sector member like the People's Economic Council (PEC).
Infringing trademarks and tradenames must be removed or defaced before donation to prevent association with the intellectual property owner.
If preservation is difficult or expensive, the director may order the sale within 60 days from seizure, with notice to interested parties. The respondent may file written objection within two days and pay for preservation expenses to prevent the sale.
In exceptional cases, the director may order immediate sale to the public at legal prices, with proceeds held in trust until administrative proceedings end.
A representative from the Commission on Audit along with the members of the Enforcement Team must be present to witness and sign the report.
To preserve and safeguard seized products, record values and movements, document returns to owners, and record dispositions such as sale, donation, or exportation.