Title
Commandeering and Anti-Hoarding Measures EO 382
Law
Executive Order No. 382
Decision Date
Dec 15, 1941
Manuel L. Quezon authorizes the commandeering of essential commodities and imposes penalties for hoarding and profiteering to ensure fair distribution and prevent scarcity during a time of emergency.

Anti-hoarding and anti-speculation sales ban

  • Any person, firm, or corporation that has in stock commodities of prime necessity listed and described in the schedules attached to Executive Order No. 371 (issued October 2, 1941)—whether in a place of business or in bodegas—must withdraw from selling and must refuse to sell to any legitimate purchaser such commodities at prices exceeding the maximum selling prices set forth in the schedules attached to Executive Order No. 371 (issued October 2, 1941).
  • The foregoing prohibition applies to the maximum selling prices set forth in the schedules attached to Executive Order No. 371, as may be amended by Executive Orders issued thereafter.
  • The prohibition also applies to maximum pricing or sale limitations stated in a Special Permit or Emergency Order issued by the Emergency Control Administrator, and in provincial emergency control orders issued by a Provincial Committee of the Emergency Control Board.
  • A person, firm, or corporation that violates this withdrawal/refusal requirement is deemed engaged in hoarding and speculation that injuriously affects the supply, distribution and movement of the covered articles and commodities, and is punished under Section three of Commonwealth Act No. 600.

Overpricing and failure to issue covering invoices

  • Any person, firm, or corporation that offers to sell any commodity of prime necessity listed and described in the schedules attached to Executive Order No. 371 (issued October 2, 1941) at prices higher than the maximum selling prices set forth in those schedules is guilty of a prohibited act.
  • Any person, firm, or corporation that refuses to issue to the purchaser a covering invoice showing the actual price or prices charged for any covered commodity also commits a prohibited act.
  • Violations of either act are punished under Section three of Commonwealth Act No. 600.

False or fictitious sales to evade inventory control

  • Any person, firm, or corporation that has in stock commodities of prime necessity listed and described in the schedules attached to Executive Order No. 371 (issued October 2, 1941)—or in amending Executive Orders, or under Special Permits or Emergency Orders issued by the Emergency Control Administrator, or under Provincial Emergency Control Orders issued by a Provincial Committee of the Emergency Control Board—must not make or effect a false or fictitious sale of any of those commodities.
  • The law targets fictitious sales made to make it appear in inventory of essential commodities that the accused no longer has the commodities required.
  • The penalty for this conduct is pursuant to the next preceding paragraph and under Section three of Commonwealth Act No. 600.

Enforcement assistance by designated government officers

  • The Emergency Control Administrator is authorized to designate any officer or employee of the Government as a National, provincial, city or municipal assistant to help enforce all laws, executive orders, rules and regulations regarding profiteering, hoarding and speculation on food, fuel, and building materials.

Expansion of coverage and price fixing limits

  • The Emergency Control Administrator, whenever the condition of the market so demands, may include among the commodities or articles listed in Executive Order No. 371 (issued October 2, 1941) such other commodities or articles of prime necessity as—based on investigation—are being made the subject of profiteering.
  • For newly included commodities, the Emergency Control Administrator must fix maximum selling prices.
  • Maximum selling prices fixed for new commodities must in no case be less than the market price as of December 7, 1941, plus a surcharge not exceeding 25%.
  • The fixing of maximum prices is subject to the provisions on Emergency Orders and Special Permits as provided in paragraphs 4 (a), 4 (b), and 4 (c) of Executive Order No. 371, or any other Executive Order amendatory thereto.

Effectivity, date of issuance, and adoption

  • Executive Order No. 382 was issued on December 15, 1941 by President Manuel L. Quezon.
  • The order took effect through issuance in the City of Manila, issued in the year 1941 and in the seventh year of the Commonwealth of the Philippines.
  • The order was signed by Manuel L. Quezon, President of the Philippines, and by Jorge B. Vargas, Secretary to the President.

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