Presidential Decree No. 659 (PD 659) — Penalizing the Illegal Trading and the Illegal Exportation of Philippine Sugar.
WHEREAS, the current worldwide shortage of sugar has brought
about an increased speculative interest in that essential commodity and
has induced rampant illegal trading and illegal exportation of
Philippine sugar;
WHEREAS, it is imperative, in order to stabilize the prices
of Philippine sugar exported abroad, and to safeguard our supply of
sugar for domestic consumption, that the Government should put an
immediate stop to this illegal trading and exportation of Philippine
sugar;
WHEREAS, there is no law at present specifically penalizing
the illegal trading and the illegal exportation of Philippine sugar and
it is essential and in the public interest that adequate deterrents
and/or penalties be provided therefor;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution,
do hereby decree and order:
Coverage of the Decree.
SECTION 1. Coverage of the Decree.—This Decree shall
apply to sugar in any form produced within the territorial jurisdiction
of the Republic of the Philippines.
Acts Punishable.
SEC. 2. Acts Punishable.—The following acts shall
constitute illegal trading in or illegal exportation of Philippine
sugar, as the case may be:
The sale, transfer, or assignment of sugar by any planter,
producer, miller, central or refinery or any other person or entity
engaged in the production of sugar in the Philippines to any person
or entity other than the Philippine Exchange, Inc. and/or the
Philippine National Bank. In this case, each of the parties to the
transaction shall be liable and subject to the penalties herein
provided.
Loading or unloading sugar on board any vessel or aircraft at
points other than ports of entry or sub-ports of entry designated in or
pursuant to the Tariff and Customs Code of the Philippines.
Loading sugar on board any vessel or aircraft for shipment to
any point outside the jurisdiction of the Republic of the Philippines
without an authority to load from the Bureau of Customs, after securing
the corresponding export permits there for from the Sugar Quota
Administration and the Central Bank of the Philippines.
Loading sugar on board any vessel or aircraft for shipment to
any point within the jurisdiction of the Re public of the Philippines
without first furnishing the customs authorities at the port of
departure a Notification duly executed under oath and containing the
names and addresses of the shippers and the name, if any, type and
registry number of the vessel or aircraft, the exact quantity of sugar
to be shipped, and the port of destination: Provided, that it
shall be the ministerial duty of the customs authorities to stamp
and acknowledge receipt of such Notification, if duly accomplished,
upon presentation of the same; Provided, that: a copy of such
Notification, duly stamped as received by the customs authorities shall
be kept and produced by the shipper or carrier of such sugar upon
inspection by proper authorities in the course of shipment; and upon
arrival at the port of destination, such copy of the Notification must
have to be presented to the customs authorities thereat for inspection
of the shipment: Provided, further, that: Loading sugar in
excess by more than two hundred fifty kilos over the quantity stated
in the Notification shall, to the extent of such excess, likewise be
punishable under this paragraph.
Failure of the sugar shipment to arrive at the port of destination
within a reasonable time shall be considered prima facie evidence
of the illegal trading or illegal exportation of such sugar. A
disparity of more than two hundred fifty kilos between the quantity of
sugar stated in the Notification and the actual quantity of sugar
reaching the port of destination shall likewise be prima facie
evidence of the illegal trading in or the illegal exportation of sugar
to the extent of such disparity in quantity.
In the cases of the
offenses described in paragraphs (b), (c), and (d) above, both the
shipper of the sugar if he loads more than two hundred fifty kilos and
the captain or patron or pilot of the vessel or aircraft on which more
than two hundred fifty kilos of sugar is loaded shall be liable and be
subject to the penalties herein provided.
If the offense is
committed by a juridical person or entity, the officers thereof who
knowingly participated in the acts herein described shall be liable and
be subject to the penalties herein provided. If the offender is an
alien, he shall be deported after serving his sentence, without further
proceedings.
Penalties.
SEC. 3. Penalties.—Persons found
guilty of violating the provisions of this Decree shall be punished as
follows:
Imprisonment of not less than six months nor more than two years
if the quantity of sugar involved is more than two hundred fifty kilos
but not more than ten thou sand kilos.
Imprisonment of not less than two years nor more than five years
if the sugar involved is more than ten thousand kilos but not more than
fifty thousand kilos.
Imprisonment of not less than five years nor more than ten years
if the sugar involved is more than fifty thousand kilos.
Exceptions.
SEC. 4. Exceptions.—The loading of sugar on a vessel
or aircraft in an amount not exceeding two hundred fifty kilos for any
one vessel or aircraft without any of the permits, notifications or
other requirements mentioned in paragraphs (b), (c), and (d) of Section 2
hereof, shall not constitute an offense and shall not be punishable
hereunder. Likewise, the trading of sugar in violation of Sec. 2(a) of
this Decree, if done by small planters and/or millers producing less
than one thousand kilos of sugar per month, and provided the total
quantity traded by them each month does not exceed their actual
production for that month, shall not be punishable under this Decree. In
case of islands wherein there are no customs' authorities or which are
not sub-ports of entry, loading or unloading sugar thereon in excess of
two hundred fifty kilos may be allowed, but with proper Notification, as
provided in Sec. 2(d) of this Decree, submitted to the Commander of the
Philippine Constabulary in said area or his duly authorized
representative thereat.
Confiscation of Sugar, Vessel or Aircraft.
SEC. 5. Confiscation of Sugar,
Vessel or Aircraft.—The sugar traded or loaded in violation of this
Decree shall be confiscated and surrendered to the nearest PNB or
Philippine Exchange, Inc. office for reallocation, without prejudice to
the rights of the parties involved, who shall be entitled to the return
of sugar of the same kind and quantity, should they be found later on by
the proper authorities to be innocent of the offenses herein defined.
The vessel or aircraft used in violation of the provisions hereof shall,
after final judgment by the court, be confiscated in favor of the
Government, thereafter to be disposed of in accordance with the
provisions of the Tariff and Customs Code.
SEC. 6. All laws, executive orders, instructions, rules
and regulations inconsistent with these provisions are hereby repealed
or amended accordingly.
SEC. 7. This Decree shall take effect immediately.
Done in the City of Manila, this 21st day of February, in the
year of Our Lord, nineteen hundred and seventy-five.
(Sgd.)
FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.)
ALEJANDRO MELCHOR
Executive Secretary
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
