Definition of Terms
- "Minister": Refers to the Minister of Trade and Industry.
- "Ministry": Includes the Ministry of Trade and Industry and its bureaus, offices, or attached agencies.
- "Trade and industry laws": Encompasses all laws and issuances regulating trade and industry activities enforced by the Ministry.
Rule-Making Power
- Minister may promulgate rules and regulations to implement trade and industry laws.
- Powers extend to enforcing objectives, policies, international agreements, grants, and Ministry plans.
- Rules must be published in at least two newspapers and become effective 15 days post-publication, with exceptions for emergencies and localized applicability.
Adjudicatory Power: Dispute Resolution
- Minister may establish arbitration, conciliation, and mediation procedures for trade and industry disputes.
- Compulsory arbitration may be adopted for crucial sectors like export activities.
Formal Investigation Procedure
- Minister can initiate investigations motu propio upon verifying violations.
- Investigations are independent of criminal or civil actions but consider other decisions in imposing penalties.
- Proceedings can continue despite absence of parties, with less reliance on strict legal technicalities.
- Minister holds contempt powers and subpoena authority similar to superior courts.
- When laws provide specific procedures, Minister may choose to apply those or this Executive Order's procedures.
Administrative Penalties
- Include cease and desist orders, voluntary assurance of compliance, condemnation or seizure of products, forfeiture of properties, fines, permit/license suspensions or cancellations, damages assessment, censure, and similar sanctions.
- Fines range from PHP 500 to PHP 1,000 per day of violation.
Cease-and-Desist Orders
- Specify prohibited acts and compel a compliance report within a reasonable timeframe.
Voluntary Assurance of Compliance
- May involve promises to comply with laws, refrain from unlawful acts, recall defective goods, reimburse complainants, and comply with periodic reporting or bond filing.
Seizure and Disposal of Goods
- Seized products may be sold, donated, exported, recycled, or otherwise disposed of under Minister’s guidelines.
Preliminary Orders and Preventive Measures
- Minister may issue preliminary orders before formal investigation to prevent injustices.
- Preventive actions include seizure or padlocking of goods and premises, holding vessels or aircraft, preventing respondent’s departure from the country.
- Orders communicated to relevant enforcement agencies for implementation.
Execution of Decisions
- Minister can deputize police, intelligence, military, private parties, and entities for enforcing decisions.
Finality and Appeals
- Decisions become final 15 days after receipt by affected party unless appealed administratively to the President or judicially reviewed.
- One motion for reconsideration may be filed to suspend the finality period.
Implementation and Cooperation with Other Agencies
- Minister can implement trade and industry laws silent on implementing agency.
- Other government agencies and local governments may deputize the Ministry to perform related trade and industry functions through a presidentially approved agreement.
Delegation of Powers
- Minister may delegate powers to officers or employees, whose acts have full ministerial effect within limits of delegation.
Prescriptive Period
- Formal investigations must be instituted within three years from violation.
Separability and Repealing Clauses
- Invalid provisions do not affect the rest of the Executive Order.
- Conflicting laws, decrees, and regulations repealed or amended accordingly.
Effectivity
- Executive Order takes effect upon publication in a newspaper of general circulation in the Philippines.