Judicial Review.
SEC. 29. Judicial Review. - Any interested party who is adversely affected by the ruling of the Secretary in connection with the imposition of a safeguard measure may file with the Court of Tax Appeals, a petition for review of such ruling within thirty (30) days from receipt thereof: Provided, however, That the filing of such petition for review shall not in any way stop, suspend or otherwise toll the imposition or collection of the appropriate tariff duties or the adoption of other appropriate safeguard measures, as the case may be.
The petition for review shall comply with the same requirements and shall follow the same rules of procedure and shall be subject to the same disposition as in appeals in connection with adverse rulings on tax matters to the Court of Appeals.
Penalty Clause.
SEC. 30. Penalty Clause. - Any government official or employee who shall fail to initiate, investigate, and implement the necessary actions as provided in this Act and the rules and regulations to be issued pursuant hereto, shall be guilty of gross neglect of duty and shall suffer the penalty of dismissal from public service and absolute disqualification from holding public office.
Prohibition of Concurrent Recourse to Safeguard Measures.
SEC. 31. Prohibition of Concurrent Recourse to Safeguard Measures. - There shall be no recourse to the use of the general safeguard measure under Chapter II of this Act concurrently with the special safeguard measure as provided for under Chapter III of this Act and vice-versa.
Issuance of Implementing Rules and Regulations.
SEC. 32. Issuance of Implementing Rules and Regulations. - Within sixty (60) days after the effectivity of this Act, the Department of Agriculture and the Department of Trade and Industry in consultation with the Department of Finance, the Bureau of Customs, the National Economic and Development Authority, and the Tariff Commission, after consultations with domestic industries and with the approval of the Congressional Oversight Committee which is hereby created under this Act, shall promulgate the necessary rules and regulations to implement this Act.
Oversight.
SEC. 33. Oversight. - There shall be a Congressional Oversight Committee composed of the Chairmen of the Committee on Trade and Industry, the Committee on Ways and Means, and the Committee on Agriculture of both the Senate and the House of Representatives to oversee the implementation of this Act.
Administrative System Support.
SEC. 34. Administrative System Support. - Upon the effectivity of this Act, any sum as may be necessary for the Department of Agriculture, the Department of Trade and Industry, and the Tariff Commission to undertake their functions efficiently and effectively shall be included in the General Appropriations Act.
The aforementioned government agencies are hereby authorized to collect such fees, charges, and safeguard duties that are deemed necessary. Fifty percent (50%) of the revenue collected from such fees, charges, and safeguard duties shall be set aside in a Remedies Fund which shall be earmarked for the use of these agencies in the implementation of remedies, including the safeguard measures. The remaining fifty percent (50%) shall be deposited under a special account to be created in the National Treasury and shall be earmarked for competitiveness enhancement measures for the industries affected by the increased imports. The disposition thereof shall be determined through the General Appropriations Act.
Assistance to Farmers and Fisherfolk.
SEC. 35. Assistance to Farmers and Fisherfolk. - To safeguard and enhance the interest of farmers and fisherfolk, nothing in this Act shall in any manner affect the provisions of Republic Act No. 8435, otherwise known as the Agriculture and Fisheries Modernization Act.
Conditions for Application of Safeguard Measures.
SEC. 36. Conditions for Application of Safeguard Measures. - In the application of any safeguard measure under this Act, the following conditions must be observed:
All actions must be transparent and shall not allow any anti-competitive, monopolistic or manipulative business devise; and
Pursuant to the non-impairment clause of the Constitution, nothing in this Act shall impair the obligation of existing supply contracts.
Separability Clause.
SEC. 37. Separability Clause. - If any provision of this Act is held invalid, the other provisions of this Act not affected shall remain in force and effect.
SEC. 38. Repealing Clause. -All laws, decrees, rules and regulations, executive or administrative orders and such other presidential issuances as are inconsistent with any of the provisions of this Act are hereby repealed, amended or otherwise modified accordingly.
Effectivity Clause.
SEC. 39. Effectivity Clause. - This Act shall take effect fifteen (15) days following its complete publication in two (2) newspapers of general circulation or in the Official Gazette, whichever comes earlier.
Approved,
(Sgd.) MANUEL B. VILLAR JR.
(Sgd.) FRANKLIN M. DRILON
Speaker of the House of Representatives
President of the Senate
This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on July 17, 2000 and July 18, 2000, respectively.
(Sgd.) ROBERTO P. NAZARENO
(Sgd.) EMMA LIRIO-REYES
Secretary General House of Representatives
Acting Secretary of the Senate
Approved: July 19, 2000.
(Sgd.) JOSEPH E. ESTRADA
President of the Philippines
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
