Offenses and Penalties.
Section 29
SEC. 29. Offenses and Penalties. — Notwithstanding the provisions of any law or regulation to the contrary, and for purposes of carrying out the provisions of this Act, the following acts or omissions are hereby considered as serious, less serious, and light offenses and corresponding penalties therefor are herein prescribed: (a) Serious Offenses. — Any of the following acts or omissions shall constitute a serious offense: (1) Failure or refusal of the responsible officials to turn over or remit to the Fund the collection under and within the period provided for in Section seven of this Act; (2) Failure or refusal of a grains warehouseman, without any lawful excuse, to deliver grains deposited with him: Provided, however, That the warehouseman shall be entitled to the allowance authorized for depreciation of the grains deposited; (3) Cornering or hoarding of grains resulting in artificial shortage or scarcity of supply and increase of prices thereof in any part of the country; (4) Printing, issuing, or knowingly using, possessing or negotiating a cancelled unauthorized, illegal, counterfeit or falsified warehouse receipt. The offender shall upon conviction, be -punished by imprisonment of not less than four years and one day nor more than six years, and a fine of not less than twelve thousand pesos nor more than fifteen thousand pesos. (b) Less Serious Offenses. — Any of the following acts or omissions shall constitute a less serious offense: (1) Connivance in the concealment of a stock shortage in a grains warehouse; (2) Knowingly submitting any report containing false information or data; (3) Misrepresentation in connection with any application for license to do business as grains warehouseman, miller, exporter or importer or trade, manufacturer or processor; (4) Failure or refusal of a warehouseman to allow the inspection or examination of his grain stocks to conceal shortages or to misrepresent the quantity or quality of his grain stocks, including the impending of such inspection and examination by abandonment, absence or otherwise; (5) Failure or refusal of any government bank or financial institution, without any lawful excuse, to grant a loan applied for by a qualified farmer who meets the conditions for the loan; (6) Engaging in the business of grains warehousing, milling, exporting, importing, trading, growing and selling of certified seeds, manufacturer or processor without a valid license. The offender shall, upon conviction, be punished by imprisonment of not less than two years and one day to four years, and by fine of not less than eight thousand pesos nor more than ten thousand pesos. (c) Light Offenses. — Any of the following acts or omissions shall constitute a light offense: (1) Issuance by a warehouseman of warehouse receipts showing an aggregate quantity of grains stock in excess of the quantity permissible in his bond coverage; (2) Issuance by a warehouseman of warehouse receipts showing an aggregate quantity of grain stocks not covered by fire insurance at full value as required by this Act; (3) Failure or refusal to give information required by the Administration, provided such failure or refusal does not constitute a higher offense as herein-above provided; (4) Non-compliance with the rules, regulations, decisions, orders, circulars or directives lawfully issued by the Administration, provided non-compliance does not constitute a higher offense as hereinabove provided; (5) Fraudulent misrepresentation by the applicant in, or by any other person in connection with, an application for a production loan; (6) Selling or offering to sell to the Administration by any person of palay or corn or other grains other than that directly produced by him as fanner or shared by him as tenant or landlord; knowingly buying such grains by any Administration personnel for the Administration; connivance by any person in the selling or buying of such grains; (7) Any other violation of the provisions of this Act for which no specific penalty is prescribed and which is not punished under any other existing law. The offender shall, upon conviction, be punished by imprisonment of not less than one year nor more than two years, and by a fine of not less than four thousand pesos nor more than six thousand pesos. (d) Additional Penalties. — (1) The license of any warehouseman, miller, exporter or importer, trader, certified seeds producer or sellor, found guilty of a serious, less serious, or light offense, shall also be cancelled: Provided, however, That the license of the offender shall not be renewed during the pendency of any investigation or prosecution for the commission of any of such offenses. If the offender is a public officer or employee, including an officer or employee of any government-owned or controlled corporation, he shall, upon conviction, be disqualified from holding public office. (2) Acts or omissions not specifically penalized under this Act but are punishable under any other existing law shall be punished under such law. If any act or omission constitutes an offense under this Act as well as a violation of another existing law, the law which imposes as heavier penalty shall be made to apply. (3) If the violation or offense is committed by a corporation, partnership, association, cooperative, or other juridical entity, whether public or private, the penalties provided for in this Act shall be imposed upon the directors, officers, employees or other officials or persons therein responsible for the offense. (4) The prosecution of any offense under this Act shall be without prejudice to the civil or administrative liabilities for the offense.