Policy and purpose
- Republic Act No. 4653 declares a national policy to prohibit the commercial importation of textile articles commonly known as used clothing and rags to safeguard public health and maintain national dignity.
Prohibited importation and coverage
- Section 1 makes it unlawful for any person, association, or corporation to introduce into any point in the Philippines textile articles commonly known as used clothing and rags through commercial importation.
- Section 1 allows importation only when the used clothing and rags are imported under the exceptions stated in Subsections “i”, “j”, “k”, “l”, “n”, and “v” of Section 105 of Republic Act No. 1937.
Criminal penalties and liability
- Section 2 imposes a fine of not less than PHP 200 nor more than PHP 20,000 and imprisonment of not less than 2 years nor more than 5 years for violations of Section 1.
- Section 2 provides that in the case of aliens, the penalty consists of the fine plus immediate deportation without any further proceedings on the part of any Deportation Board.
- Section 2 provides corporate/officer liability: when the violation is committed by the manager, representative, director, agent, or employee of any natural or juridical person in the interest of the latter, the violation renders the employer liable to the penalty corresponding to the offense.
- Section 2 requires additional accountability: it is without prejudice to imposing the corresponding penalty either personal or pecuniary or both on the manager, representative, director, agent, or employee committing the violation.
- Section 2 provides heightened corporate consequences for foreign juridical persons duly licensed to do business in the Philippines: the persons directly or indirectly involved in importation must suffer the penalties under the Act, and the foreign juridical person’s penalties include revocation of license plus perpetual disqualification to engage in business in the Philippines.
- Section 2 provides public officer consequence: if the violation is committed by a public officer or employee and is penalized by any other law, the penalties under that law are imposed in addition to those prescribed under Republic Act No. 4653, including perpetual absolute disqualification.
Forfeiture and destruction of prohibited goods
- Section 2 mandates destruction of prohibited imports: used clothing and rags imported in violation of the Act must be burned.
- Section 2 specifies the witnessing requirement: the burning must be done in the presence of a representative of the General Auditing Office, Department of Finance and of the Office of the President.
- Section 2 provides that the burning is conducted without the forfeiture proceedings provided in Republic Act No. 1937.
Repeal of inconsistent measures and effect
- Section 3 repeals all acts, rules, and regulations inconsistent with Republic Act No. 4653.
- Section 4 confirms effectivity upon approval of June 17, 1966.