Public Calamity Proclamation for Typhoon Trix Areas

Proclamation No. 349 is issued under the powers conferred by Section 1 of Act No. 4164.
Act No. 4164 is titled: “An Act to Prevent the Excessive Increase in the Prices of Certain Prime Necessities of Life on the Occasion of a Public Calamity, Penalizing the Violation Thereof, and For Other Purposes.”
The proclamation’s price-ceiling reference ties to executive orders issued by the President under Republic Act No. 509, as amended.
Marciano Roque, Acting Executive Secretary, signed “By the President.”

The proclamation is grounded on a finding that Typhoon Trix caused death and havoc among inhabitants in the covered provinces and cities.
The proclamation further finds that Typhoon Trix threatens the inhabitants with famine and epidemic.
The proclamation declares the existence of a public calamity for purposes of applying Act No. 4164 in the covered areas.

The declaration of public calamity covers the Provinces of Albay, Camarines Sur, Catanduanes and Sorsogon.
The declaration of public calamity also covers the cities of Legaspi and Naga.

The proclamation activates the provisions of Act No. 4164 that prohibit and penalize hoarding of covered prime necessities of life.
The hoarding covered by Act No. 4164 includes palay, rice, corn, building or construction materials, and other prime necessities of life specified in the list accompanying the proclamation.
Act No. 4164 penalizes holding covered commodities for sale at unlawful prices during the declared public calamity.
The unlawful pricing standard requires prices to be higher by 25% or more above the average current local price of the commodity one month prior to the occurrence of the disaster.

The standard is that the sale price must be 25% or more above the average current local price one month before the disaster.
The unlawful pricing rule applies provided that the computed figure—current local price plus 25%—does not exceed the ceiling price set in existing executive orders issued by the President under Republic Act No. 509, as amended.
The proclamation therefore conditions the application of the unlawful price threshold on consistency with the applicable ceiling price established by those executive orders.

Proclamation No. 349 contains no separability clause or sunset provision within its operative declaration.