THE House of Representatives yesterday approved on third and final reading the bill seeking to amend Republic Act 10845 or the Anti-Agricultural Smuggling Act of 2016 to classify large-scale agricultural smuggling of tobacco and other tobacco products as economic sabotage.
With an overwhelming 225 votes, congressmen approved House Bill (HB) No. 3917 seeking to amend Section 3 of the law, which enumerates how the crime of large-scale agricultural smuggling is committed.
Under the amendment, the crime of economic sabotage through large-scale agricultural smuggling of tobacco covers both manufactured and unmanufactured ones, including finished products such as cigars, cigarettes or heated tobacco products with a minimum excise tax and VAT payable in the amount of P1 million, as valued by the Bureau of Customs (BOC).
The crime is committed by importing into the Philippines without the required import permit from the regulatory agencies; using import permits of persons, natural or juridical, other than those specifically named in the permit; or using fake, fictitious or fraudulent import permits or shipping documents, among others.
The current law only penalizes large-scale smuggling of sugar, corn, pork, poultry, garlic, onion, carrots, fish, and cruciferous vegetables, in its raw state, or which have undergone the simple processes of preparation or preservation for the market, with a minimum amount of P1 million or rice, with a minimum amount P10 million.
The measure also penalizes the broker, agent, facilitator, forwarder, or warehouse lessor of the violating importer who allows the use of a private port, fish port, fish landing site, resort, and/or airport to perpetuate the economic sabotage regardless of quantity.
The bill also amends Section 4 of the law by imposing the penalty of imprisonment of 30 to 40 years, and a fine of twice the fair value and the aggregate amount of the taxes, duties and other charges avoided by the smuggling of tobacco, whether manufactured or unmanufactured, including finished products such as cigars, cigarettes, or heated tobacco products.
These penalties may be imposed on registered owner and its lessee or charterer of a chartered boat, truck, warehouse or president or chief executive officer of the private port, fish port, fish landing sites, resorts, who knowingly transport the tobacco product subject to economic sabotage. The offense is non-bailable.
Among the authors of the bill are House senior deputy majority leader Ferdinand Alexander “Sandro” Marcos, majority leader Manuel Jose Dalipe, and Reps. Margarita Ignacia Nograles, Elpidio F. Barzaga Jr., Gerville Luistro, Juan Carlos Atayde, Sancho Fernando Oaminal, Arnan Panaligan, and Rosanna Vergara.
