By: Atty. Gregorio B. Austral, CPA
Agricultural Hoarding as Economic Sabotage
The Anti-Agricultural Economic Sabotage Act now defines agricultural hoarding as economic sabotage a crime. It is committed by a person or combination of persons by having stocks of agricultural and fishery products in excess of thirty percent (30%) of their normal inventory level ten (10) days after the declaration of an abnormal situation by the Council or after the declaration of an emergency or state of calamity by competent authority.
Upon the declaration of an abnormal situation by the Council, or an emergency or state of calamity by competent authority, all persons shall sell to the public their stocks of agricultural and fishery products in excess of their normal inventory level within ten (10) days from the said declaration.
After ten (10) days from said declaration, the Enforcement Group, on the strength of a LOA issued by the Council, shall have the authority to visit areas where the agricultural and fishery products are located, for the purpose of ensuring compliance with this Act and other relevant laws concerning the sale of agricultural and fishery products to the general public. The Enforcement Group shall give due notice to the relevant persons, who may be the owner, possessor, or person exercising control over the agricultural and fishery products, to provide proof of compliance with this Act, particularly documentary proof that stocks are within normal inventory level or final contracts of sale covering existing stocks, within twenty-four (24) hours, pending which the goods shall be placed in the constructive custody of the Enforcement Group.
In the event that the relevant person fails to produce such evidence of compliance within twenty-four (24) hours, the Enforcement Group shall immediately apply for a seizure order and file the relevant case or criminal action in court. Pending the issuance or denial of the seizure order, the subject goods shall remain in constructive custody.
In cases where the business has been in existence for more than a year, the normal inventory level shall be the average inventory for the twenty-four (24)-month period preceding the declaration by the Council of an abnormal situation, or declaration by competent authority of emergency or state of calamity; otherwise, normal inventory level shall be the average of the months from the start of the business. (Anti-Agricultural Economic Sabotage Act, Republic Act No. 12022, [September 26, 2024])