RA 12022 (Anti-Agricultural Sabotage Act) CHAPTER VI

Section 15

SEC. 15. Anti-Agricultural Economic Sabotage Council - The Anti-Agricultural Economic Sabotage Council, herein referred to as the Council, is hereby created and shall be chaired by the President or the delegated permanent representative. It shall have the following members: (a) Department of Agriculture (DA); (b) Department of Justice (DOJ); (c) Department of Finance (DOF); (d) Department of the Interior and Local Government (DILG); (e) Department of Transportation (DOTr); (f) Department of Trade and Industry (DTI); (g) Anti-Money Laundering Council (AMLC); (h) Philippine Competition Commission; Provided, That the representatives of the member agencies shall at east have the rank of undersecretary: Provided, furthermore, That one-third of the members, with the chair or a designated permanent representative present, shall constitute a quorum: Provided, finally, That members of the Council shall be duly notified at least three (3) days prior to the scheduled meeting. An Advisory Board is hereby created to provide the Council with expert assistance and advice. The Advisory Board shall have one (1) representative from each of the following agricultural sectors, whose membership shall be nationwide: (1) Sugar; (2) Rice; (3) Corn; (4) Livestock and Poultry; (5) Vegetables and Fruits; (6) Fisheries and other aquatic products; and (7) Tobacco: Provided, further, That the sector representative shall be chosen by the President of the Philippines from a list of three (3) nominees submitted by the sector, and shall serve for a fixed term of three (3) years unless earlier replaced by the President upon recommendation of the sector: Provided, further, That the sector representatives must have prior experience or knowledge in pricing or trading agricultural and fishery products: Provided, further, That the appointed sectoral representative shall continue to hold office after the expiration of their term until a successor is appointed.

Section 16

SEC. 16. Powers and Functions of the Anti-Agricultural Economic Sabotage Council. The Council shall have the following powers and functions: (a) Ensure the proper and effective implementation of the provisions of the Act; (b) Coordinate the preparation of appropriate and effective measures to prevent and suppress the prohibited acts defined in this Act; (c) Establish a mechanism of information-sharing among concerned agencies: Provided, That confidential information shall be retained within the Council to protect and preserve the operational integrity of the Council and its prosecutorial and enforcement bodies; (d) Establish a comprehensive tracking and tracing system to oversee the value chain of agricultural commodities and collect and report real-time data on production, processing, transportation, storage, sale, import, and export documentation; (e) Direct the speedy investigation and prosecution of all persons accused or detained for the crimes punishable under this Act, and monitor the progress of their cases; (f) Coordinate and enlist the assistance of any branch, department, bureaus, office, agency, or instrumentality of government, including government-owned and -controlled corporations, and local government units LGUs), as well s the business sector and nongovernment organizations, in the implementation of this Act; (g) Deputize other law enforcement agencies to further assist the Enforcement Group; (h) Through the Executive Committee (EXECOM), exercise visitation and inspection powers by issuing LOA authorizing any member or a combination of members of the Enforcement Group to verify compliance with this Act and other relevant laws concerning the importation, purchase, storage, and sale of the relevant agricultural and fishery products. The EXECOM shall be composed of the President or the designated permanent representative to the Council, the DOJ, and the Enforcement Group; (i) Notwithstanding existing laws to the contrary, authorize, supervise, and direct the visitation and inspection by any member or a combination of members of the Enforcement Group, as established under the Rules of Engagement and pursuant to the regulatory powers of each concerned agency, of areas where agricultural and fishery products covered by this Act are stored or kept; (j) Formulate the Rules of Engagement of the Enforcement Group, within sixty (60) days from the effectivity of this Act; (k) Determine and declare the existence of an abnormal situation under Section 8 and 9 of this Act; (l) Facilitate international cooperation on intelligence, investigation, training, and capacity-building related to agricultural smuggling prevention, suppression, and prosecution; (m) Hold in custody and dispose of confiscated, seized, and/or surrendered agricultural and fishery products subject of and properties used in the commission of the crime of economic sabotage; (n) Grant monetary rewards and other incentives to informers who give vital information leading to the investigation, apprehension, arrest, detention, prosecution, and conviction of person/s who are liable for the crimes punishable under this Act. The monetary reward and incentive to informers shall be set at One million pesos (P1,000,000.00) or twenty percent (20%) of the value of the product, whichever is higher, but not to exceed Twenty million pesos (P20,000,000.00); (o) Establish mechanisms to compensate persons whose agricultural and fishery products and properties have been subject of wrongful or illegal seizure, confiscation, destruction, or disposal: Provided, That the compensation shall include the actual value of the agricultural and fishery products and properties at the time of seizure, confiscation, destruction, or disposal, and the earnings lost by reason of wrongfully or illegal seizure, confiscation, destruction, or disposal as may be determined by the Court of Tax Appeals; (p) Create a permanent Secretariat define its functions, constitute its staff complement, and set their salaries and other emoluments: Provided, That majority of the staff shall be selected from the different member agencies of the Council with individual expertise appropriate to the needs of the Council, consistent with civil service laws, rules and regulations; and (q) Perform all other powers and functions related to the efficient and effective prevention and suppression of the acts herein prohibited.

Special Term of Prosecutors.

Section 17

SEC. 17. Special Term of Prosecutors. - To assist the Council in the expeditious prosecution of criminal cases covered under this Act, the Secretary of the DOJ is hereby mandated to constitute a special team of prosecutors all over the country, which shall have the following powers and duties, among others: (a) Evaluate evidence gathered and submitted by the Enforcement Group to determine whether any provision of this Act has been violated: (b) Act on criminal complaints directly filed by persons under Section 21 of this Act, which may be consolidated with similar complaints filed by the Enforcement Group; and (c) Initiate and conduct preliminary investigation and timely file and prosecute the appropriate criminal charges against the person/s responsible for the crimes of smuggling, hoarding, profiteering, and cartel as economic sabotage and other prohibited acts under this Act.

Anti-Agricultural Economic Sabotage Enforcement Group.

Section 18

SEC. 18. Anti-Agricultural Economic Sabotage Enforcement Group. - To assist the Council, the Anti-Agricultural Economic Sabotage Enforcement Group, herein referred to as the Enforcement Group, is hereby created. It shall be composed of the following agencies: (a) National Bureau of Investigation (NBI); (b) Philippine National Police (PNP); (c) Philippine Coast Guard (PCG); and (d) Department of Finance (DOF). The Enforcement Group, in addition to each agency's existing regulatory powers, shall have the following power and functions: (a) Subject to the Rules of Engagement of the Enforcement Group, notify the Council of any visitation or inspection that it will conduct on any establishment and secure the necessary LOA; (b) Subject to the Rules of Engagement of the Enforcement Group, notify the Council of any court-approved warrant to search seizure, or arrest for any violation of this Act or existing regulations; (c) Visit and inspect at any time, vessels, vehicle, aircraft, land, enclosure, warehouses, cold storages, store, building, or structure not principally used as dwelling house and other storage areas where agricultural and fishery products and properties are stored, kept, or sold, as authorized by the Council through a duly issued LOA, to determine compliance with this Act and other relevant laws relating to the transport, storage, distribution, or sale of said agricultural and fishery products: Provided, That when a security personnel or any other employee lives in the warehouse, store or any building, structure, or enclosure that is used for storage of goods, it shall not be considered as a dwelling house for purposes of this Act; (d) Immediately perform any and all acts pursuant to the implementation of this Act or existing laws and regulations, including, among other, taking into constructive custody agricultural and fishery products; (e) Render a report to the Council within forty-eight (48) hours from the conduct of a visitation or inspection or service of judicial warrant; (f) Apply for judicial warrant before the Court of tax Appeals: Provided, That in areas outside Luzon, judicial warrants shall be applied before any regional trial court; and (g) Effect search, seizure, and arrest warrants and file criminal and administrative cases before the prosecutor and appropriate agencies. The PNP Chief, and the Secretaries of the DOF and the DOJ may authorize lawyers of their respective agencies or their attached agencies to provide legal assistance to any employee or member of the Enforcement Group who is facing a complaint or charge before the prosecutor's office, the court, or any competent body, arising from an incident related to the performance by the member or employee of his or her official duties under this Act: Provided, That government lawyers so authorized shall have the power to administer oaths: Provided, further, That when necessary, a private counsel may be provided at the expense of the Government. The Secretaries of the DOF and the DOJ, and the PNP Chief shall jointly promulgate rules and regulations to implement the provisions of this section.