Definitions of Key Terms
- Illegal trading includes unlicensed sale or distribution, non-issuance of receipts to final consumers, unauthorized refilling of LPG cylinders, and unauthorized use of tare weights.
- Petroleum fuel product adulteration involves mixing petroleum products with other substances causing a change in quality or failure to meet standards.
- Underfilling or underdelivery means delivering less petroleum product than the quantity indicated or authorized.
- Hoarding refers to unjustified accumulation or refusal to distribute petroleum products.
- Overpricing is selling petroleum products in excess of government-authorized prices.
- Misuse of allocation is the improper sale, transfer, or diversion of government-mandated petroleum fuel allocations.
Rules and Regulations; Administrative Sanctions
- The Bureau of Energy Utilization (BEU) issues rules and regulations to implement the law.
- BEU may impose administrative fines up to ₱10,000, suspend or revoke licenses of violators after due process.
- Business operations may be suspended during administrative proceedings if public interest demands.
- Administrative sanctions do not preclude filing criminal charges.
Penalties for Violations
- First conviction: fine between ₱20,000 and ₱50,000, or imprisonment from 2 to 5 years, or both.
- Second and subsequent convictions: mandatory fine and imprisonment.
- Forfeiture of the petroleum or products involved, with indemnification to wronged parties when applicable.
- Cancellation of license for offenders who are companies, marketers, dealers, haulers, etc.
- Trials must be terminated within 30 days after arraignment.
- Corporate officers or responsible employees are criminally liable for violations.
- Alien offenders may be deported after serving sentence.
- Government officials violating provisions are permanently disqualified from office.
Repealing Clause and Effectivity
- All laws, decrees, orders, and regulations inconsistent with this Decree are repealed or modified accordingly.
- The Decree takes effect immediately upon approval.