Law Summary

Background and Purpose

• This proclamation is issued in response to a significant fire that has caused widespread destruction in Bacolod City, leading to death, violence, looting, and scarcity of essential goods.
• The proclamation aims to address the emergency situation by implementing measures to stabilize prices and prevent exploitation.

Declaration of Public Calamity

• Legal Foundation: The proclamation is made under the authority of Act No. 4164, which is designed to prevent excessive price increases during public calamities.
• Scope of Calamity: The fire's aftermath is declared as a public calamity, necessitating immediate action to protect the populace from further suffering.

Provisions of Act No. 4164

• Prohibitions:

  • Hoarding of prime necessities such as palay, rice, corn, and construction materials is prohibited.
  • Selling these goods at prices exceeding twenty-five percent over the average local price from one month prior to the disaster is also prohibited.

• Key Definitions:

  • Prime Necessities: This term includes essential goods specified in a list accompanying the proclamation (not provided in the text).

Enforcement Measures

• Authority Granted: The Provincial Commander of the Philippine Constabulary of Negros Occidental, or authorized representatives, are tasked with enforcing these provisions.

• Seizure of Goods:

  • Goods intended for speculation or profiteering may be seized if concealed or hoarded beyond reasonable needs for business or subsistence.

• Disposition of Seized Goods:

  • Seized items must be delivered to representatives of the Price Stabilization Corporation (PRISCO) in Bacolod for sale to the public at legal prices.
  • Proceeds from the sale will be reimbursed to the original owners.

Legal and Administrative Provisions

• Implementation: The proclamation is effective immediately and remains in force as long as the public calamity persists.
• Witness and Authentication: The proclamation is authenticated by President Ramon Magsaysay and the Assistant Executive Secretary, Mariano Yenko, Jr.

Key Takeaways

• Proclamation No. 147 addresses a public calamity in Bacolod due to a devastating fire.
• It invokes Act No. 4164 to prevent price gouging and hoarding of essential goods.
• Enforcers are authorized to seize goods intended for profiteering and ensure they are sold at fair prices to the public.
• The proclamation underscores the government's commitment to protect the welfare of its citizens during emergencies.