Title
Amendment on Compressed Gas Container Marks
Law
Republic Act No. 5700
Decision Date
Jun 21, 1969
Republic Act No. 5700 amends a previous law to require registration of containers used for beverages or gases, prohibits unauthorized use or sale of registered containers, and addresses the unlawful use or possession of marked containers.

Unlawful dealings with registered containers

  • Section 2 amends Section 2 of Republic Act No. 623 by making it unlawful for any person, without the written consent of the manufacturer, bottler, or seller who registered the marks, to fill and deal with the marked containers.
  • Section 2 prohibits, without written consent, filling bottles, boxes, kegs, barrels, steel cylinders, tanks, flasks, accumulators, or other similar containers marked or stamped for the purpose of sale.
  • Section 2 prohibits, without written consent, selling, disposing of, buying, trafficking in, or wantonly destroying the marked containers whether filled or not.
  • Section 2 prohibits using the marked containers as drinking vessels or glasses or for drain pipes or foundation pipes, or for any other purpose than the purpose registered by the manufacturer, bottler, or seller.
  • Section 2 provides the penalty: a fine of not more than one thousand pesos or imprisonment of not more than one year or both.

Prima facie presumption of unlawful use/possession

  • Section 3 amends Section 3 of Republic Act No. 623 by providing that unauthorized conduct creates a prima facie presumption of unlawfulness.
  • Section 3 applies where a person other than the registered manufacturer, bottler, or seller uses any marked container without written permission of the latter.
  • Section 3 applies where a junk dealer or dealer possesses marked containers without written permission of the manufacturer.
  • Section 3 states that the relevant marked containers must be duly marked or stamped and registered under the registration provisions.
  • Section 3 establishes that the use or possession under these conditions is presumed unlawful.

Effectivity and implementation

  • This Act takes effect upon approval (June 21, 1969).
  • Section 1 and Section 2 operate as amendments to Republic Act No. 623 by changing the text of Sections 1, 2, and 3.

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