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Friday, April 11, 2008
DOJ: Arroyo can declare rice, corn emergency
MANILA -- Justice Secretary Raul Gonzalez Sr. said if rice hoarding will not stop, he will propose the implementation of a 46-year-old law that would empower President Gloria Macapagal-Arroyo to declare rice and corn emergency.
Gonzalez said under Section 12 of Republic Act (RA) 3452, signed on June 14, 1962, the President is authorized to declare rice and corn emergency any time he or she deems necessary in the interest of the public, and control its disposition.
Arroyo Watch: Sun.Star blog on President Arroyo
RA 3452 was a precursor of the law creating the National Food Authority (NFA), which aimed to adopt a program to stabilize the price of palay (unhusked rice), rice and corn.
During such emergency period, the NFA, upon the direction of the President, shall subject to "constitutional limitation, conduct raids, seizures and confiscation of rice and corn hoarded in any private warehouse, provided that the NFA shall pay such confiscated commodities at the prevailing consumer's price."
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Gov't mulls removing NFA rice from public markets
However, the government can still do that even without declaring an emergency by using its police powers.
Gonzalez said at present, he sees no need for that measure as supplies of rice are still stable, but he will pursue it if the artificial rice shortage continues due to the unabated hoarding of rice supply by traders and middlemen who are buying NFA rice wholesale and reselling them at commercial prices.
"That is inherent in the President under the law, you don't have to declare a state of national emergency, which is more wide-ranging. We will just declare it on the basis of the problem," he said.
Gonzalez said even the National Bureau of Investigation (NBI), which is the implementing arm of the DOJ task force against rice hoarding is a little bit hesitant to proceed with stricter measures because they are not familiar with the law.
He said a memorandum will be issued allowing the NBI to seize hoarded rice supplies.
"But I already ordered NBI Director Nestor Mantaring to enforce this law, which may have been overlooked. The NBI can actually seize this rice from the hoarders," he said.
Those caught hoarding will be charged with economic sabotage and their stocks of rice will be bought by the government at the prevailing market rate and sold nationwide.
The DOJ secretary earlier said the government's plan to overtake warehouses of rice traders who insist on holding a rice holiday has the green light from President Arroyo.
He added that the takeover scenario was taken up in a Cabinet meeting last week, and that Arroyo "approved" the proposed takeover "option" when the need arose.
With the presidential go-signal, he advised rice dealers to "think twice" before pushing through with their rice holiday. (Sunnex)
For more Philippine news, visit Sun.Star Cagayan de Oro. (April 11, 2008 issue)
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