BOC inclusion in Anti-Agricultural smuggling raids hit

MANILA, Philippines — Farmers’ group Federation of Free Farmers (FFF) yesterday questioned the inclusion of the Bureau of Customs (BOC) in the final version of the Anti-Agricultural Economic Sabotage Act or Republic Act 12022.

RA 12022 authorizes the BOC to conduct operations in the government’s campaign against smuggling and hoarding of agricultural products.

“In the original version of the bill, the Bureau of Customs was not included among those authorized to conduct the raids,” FFF national manager Raul Montemayor said.

He noted that the government has failed to jail smugglers and hoarders in the past because of weak cases being filed by the personnel of the BOC.

“We have existing law, but no arrest was made. There was a problem with case buildup. The cases were dismissed because of lack of evidence – weak cases being filed in the courts,” he added.

Montemayor alleges that those involved in smuggling will be forewarned by contacts at the BOC.

“That is why members of the group are puzzled why the BOC was included, as the original version only included the Department of Justice, the National Bureau of Investigation in the operations,” he noted.

According to Montemayor, farmers welcome the signing of RA 12022, saying it will serve as a warning against those involved in smuggling in the country. 

“It will serve as a deterrent to smugglers because of the stiffer penalties and fine,” he added.

He expressed hope that smugglers and unscrupulous traders will finally be jailed.

Under the law, a daily price index will monitor and publish prevailing retail prices of agricultural and fishery products in all regions to ensure transparency and accountability. 

The Court of Tax Appeals shall have exclusive jurisdiction for cases related to agricultural economic sabotage and shall have the authority to handle and decide on criminal proceedings under the law.

Villar hails signing of RA 12022

With the signing into law of RA 12022, Sen. Cynthia Villar warned that manipulators of the prices of agricultural commodities would be brought to justice and jailed.

Villar welcomed President Marcos’ signing of RA 12022, a measure that imposes stiffer sanctions against smugglers, profiteers, hoarders and cartels of agricultural and fishery products.

“With these in place, we will have a watchdog in the agricultural sector to ensure that whoever manipulates the price of agricultural commodities to the detriment of the small farmers and consumers will be brought to justice accordingly,” added Villar, chairperson of the committee on agriculture, food and agrarian reform and sponsor of the measure in the Senate.

In a ceremony in Malacañang on Thursday, President Marcos signed RA 12022, witnessed by some senators and congressmen, along with officials from the Department of Agriculture and several agricultural private groups.

Villar said the bill defines the crime of agricultural economic sabotage as any act or activity that disrupts the economy by creating an artificial shortage, promoting excessive importation, manipulating prices and supply, evading payment or underpaying tariffs and customs duties, threatening local production and food security, gaining excessive or exorbitant profits by exploiting situations, creating scarcity and entering into agreements that defeat fair competition to the prejudice of the public.

Villar said severe penalties are needed to deter smuggling and abusive market practices which threaten the well-being of agricultural producers and the welfare of consumers and the economy as a whole.

“Under the law, the penalty of life imprisonment and a fine thrice the value of the agricultural and fishery products subject of the crime shall be imposed on any person who commits agricultural smuggling, agricultural hoarding, agricultural profiteering and engaging in cartel,” she noted.

The Act also establishes the Anti-Agricultural Economic Sabotage Council, the Enforcement Group and a special team of prosecutors nationwide. These teams will evaluate evidence, handle criminal complaints, conduct investigations and quickly file and prosecute charges against those who break the law under this act.

The Council will consist of the President or his designated permanent representative as chair and the chiefs of the Agriculture, Justice, Finance, the Interior and Local Government, Transportation and Trade and Industry departments, the Anti-Money Laundering Council and Philippine Competition Commission as members.

The enforcement group, meanwhile, will be composed of the National Bureau of Investigation, Philippine National Police, Philippine Coast Guard and Department of Finance. — Cecille Suerte Felipe