SENATORS Cynthia Villar and Joseph Victor Ejercito sought on Tuesday for stiffer penalties against smuggling of agricultural products.
"We don't want smugglers to get away with a mere slap on the wrist. Smuggling is a crime that not only affects the consumers, it also threatens the livelihood of farmers and fisherfolks," Villar, chairperson of Senate committee on agriculture and food, said.
Villar said the modus operandi of traders who use cooperatives to smuggle goods into the country is a form of "economic sabotage."
Economic sabotage is any act or activity, which "undermines, weakens, or renders into disrepute the economic system or viability of the country or tends to bring out such effect and shall include, among others, price manipulation to the prejudice of the public, especially in the sale of basic necessities and prime commodities."
Ejercito, chairman of Senate committee on economic affairs, said stiffer penalties should be enforced to secure not only the farmers but also the country's economic growth.
To address the issue, Villar filed Senate Bill 2675 or the proposed Anti-Agricultural Smuggling Act, which will penalize any individual who smuggled any agricultural product – whether plant-based, animal-based, raw or processes, including any product derived from livestock available for human or livestock consumption.
"By definition, this includes fish, forestry, seeds, poultry, and dairy products that have undergone various degrees of processing," Villar said.
Villar said any person who will import agricultural products into the country without the required permit from implementing agency or by means of fraud will be guilty of the crime of smuggling, including those acts which are within the purview of technical smuggling.
On the other hand, the senator said any person, regardless of nationality or citizenship, engaged in agricultural or technical smuggling, with a minimum of P5 million worth of agricultural products, will be guilty of economic sabotage.
In addition, guilty of economic sabotage is any person engaged in agricultural smuggling of rice or technical smuggling, with a minimum of P10 million, as valued by the Bureau of Customs.
Villar also cited principals to the crime of economic sabotage: traders who prey on cooperatives, cooperatives' officers aware of the usage of unauthorized permits, traders who use dummy corporations, officers of dummy corporations, and broker of violating importers.
Any violator will have to pay a fine of equal to twice the fair value of the smuggled articles and will be jailed for six to 12 years.
A fine equal to the aggregate amount of the taxes, duties and other charges avoided, confiscation of smuggled articles, cancellation and revocation of business license, import permits, and other pertinent documents for importation, and perpetual disqualification to import agricultural products will also be imposed to violators.
When the offender is a juridical person, Villar said criminal liability will attach to its president, chief operating officer or manager. In addition, the business permit of the business entity will be revoked. (Sunnex)