Declaration of Policy
- Promotes agricultural productivity.
- Protects farmers from unscrupulous traders/importers.
- Addresses illegal importation affecting production, supply, prices, and food security.
- Imposes higher sanctions for large-scale smuggling as a self-preservation and protective measure.
Definition and Scope of Large-Scale Agricultural Smuggling as Economic Sabotage
- Covers agricultural products including sugar, corn, pork, poultry, garlic, onion, carrots, fish, cruciferous vegetables, and rice.
- Minimum value thresholds: P1,000,000 for most products; P10,000,000 for rice.
- Acts constituting large-scale smuggling:
- Importing without required permits.
- Using import permits not issued to the user.
- Using fake or fraudulent permits or shipping documents.
- Unauthorized selling or lending of import permits.
- Misclassification or undervaluation to evade taxes/duties.
- Using dummy corporations/organizations to acquire import permits.
- Transporting or storing subject agricultural products.
- Acting as broker for violating importers.
Penalties
- Life imprisonment and fines twice the product's fair value plus avoided taxes and duties for direct offenders.
- 17 to 20 years imprisonment and fines for officers knowingly permitting unauthorized use of permits.
- 14 to 17 years imprisonment and fines for owners/lessees of vessels, trucks, warehouses, ports knowingly involved.
- 12 to 14 years imprisonment and fines for owners/lessees of smaller vessels/vehicles knowingly involved.
- Confiscation of smuggled products and forfeiture of properties used in smuggling per Customs Code.
- Liability extends to corporate officers who consent or tolerate crimes.
- Perpetual absolute disqualification from importation business for convicted persons.
- Deportation after sentence for aliens if penalty is not life imprisonment.
- Government officials face maximum penalties plus perpetual disqualification from public office and voting.
Presumption of Agricultural Smuggling
- Possession of subject agricultural products outside controlled ports or without permits is prima facie evidence of smuggling.
Implementing Rules and Regulations
- Bureau of Customs to issue implementing rules within 30 days of effectivity, in consultation with concerned agencies.
Prescription of Crimes
- Offense prescribes after 20 years.
Separability Clause
- Unconstitutional provisions will not affect the validity of the remainder of the law.
Repealing Clause
- Laws inconsistent with this Act are repealed or modified accordingly.
Effectivity Clause
- The Act takes effect 15 days after publication in the Official Gazette or two newspapers of general circulation.