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FIFTEENTH CONGRESS OF THE) RECEIVED
REPUBLIC OF THE PHILIPPINES)
Second Regular Session )

Hodse Gill No. D323

Introduced by Rep. BERNADETTE HERRERA-DY

Explanatory Note

This bill seeks to introduce a comprehensive definition of the crime of unlawfully
distributing botcha, double-dead meat, in all its forms, modes of transmission, and
variations or derivatives. We propose increasing the penalties of the distribution and
sale of botcha in light of the escalation of abuses, through syndication and otherwise, of
proprietors who capitalize on the institutional weaknesses of our importation processes
and who increasingly exploit growing market demand of botcha in the Philippines.

Botcha is double-dead meat, or meat taken from an animal that has died of a
disease. The appropriate method of dealing with such diseased and contaminated
carcasses is disposal by burial, burning, or other allowable forms of destruction without
compromising health and safety. We notice that under current scenarios, double-dead
meat passes surreptitiously through meat inspection processes ~ even through formal
government channels ~ individually, wholesale, or retail, to avoid business losses which
the proprietor would otherwise incur had he complied with the appropriate, if not
mandatory, process of burning, burying, or otherwise disposing or destroying these
diseased carcasses. We note that the crime is increasingly perpetrated on a cross-
border scale, forming an organized but illicit trade between and among businesses in
China, Taiwan, Australia, and other neighboring countries, because these entrepreneurs
know fully well, and thus take advantage, of the lax (and perceptively corrupt)
importation requirements and approval processes under customs and domestic meat
inspection systems, and seek to capitalize on an unmistakable emerging but illicit
market demand in the Philippines. Hence, this measure.

of this measure.

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FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

i. No, 5323

Introduced by HON. BERNADETTE HERRERA-DY
ANACT
DECLARING THE IMPORTATION, SELLING AND DISTRIBUTION OF “BOTCHA” OR
MEAT WITH FOOD AND MOUTH DISEASE (FMD) VIRUS OR ANY
ILL-QUARANTINED MEAT OR MEAT-PRODUCTS AS A ACRIMINAL OFFENSE,
AMENDING FOR THIS PURPOSE REPUBLIC ACT NO, 9296 OTHERWISE KNOWN AS:
“THE MEAT INSPECTION CODE OF THE PHILIPPINES’ AND FOR OTHER:
PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION L. Section 48 of Chapter XII of Republic Act no, 9296 otherwise known
as “The Meat Inspection Code of the Philippines” is hereby amended in part by adding a
subsection to be denominated as Section 48 (e) to read as follows:

Section 48. Prohibited Acts. ~ No person, firm or corporation shall:

XXXXNXXNANANANNAXARE

E) IMPORT, SELL OR DISTRIBUTE DOUBLE-DEAD MEAT OR
“BOTCHA’, OR MEAT WITH FOOD AND MOUTH DISEASE (FMD)
‘VIRUS OR ANY ILL-QUARANTINED MEAT OR MEAT PRODUCTS.”

SECTION 2. Chapter XIV of the same Act entitled “Penalties and Sanctions” is
likewise hereby amended by adding the following sections to read as follows?


SECTION 59. CRIMINAL LIABILITY. - ANY PERSON/S, FIRM OR
CORPORATION FOUND TO HAVE VIOLATED ANY OF THE PROVISIONS OF
THIS ACT SHALL BE SUBJECT TO IMPRISONMENT FOR A PERIOD OF NOT
LESS THAN SIX (6) MONTHS AND ONE (1) DAY BUT NOT EXCEEDING SIX
(® YEARS AND A FINE OF NOT LESS THAN ONE MILLION PESOS
(P1,000,000.00) BUT NOT EXCEEDING SIX MILLION PESOS (P6,000,000.00).
IF THE VIOLATOR IS A FIRM, CORPORATION OR ANY JURIDICAL ENTITY,
INCLUDING THOSE WHICH REPRESENT THEMSELVES AS SUCH, THE
PENALTY SHALL BE IMPOSED UPON ANY PERSON OR OFFICER THEREOF
WHO KNOWS OR OUGHT TO HAVE KNOWN THE COMMISSION OR
EXISTENCE OF THE VIOLATION OF THIS ACT. ANY PERSON/S, FIRM OR
CORPORATION WHO ASSIST, COOPERATE OR CONSPIRE IN THE
COMMISSION OF ACTS IN VIOLATION OF THIS ACT AS HEREIN
ENUMERATED SHALL BE SUBJECT TO THE GRADUATED PENALTIES
BASED ON THE ABOVE-MENTIONED PENALTIES ‘TAKING IN
CONSIDERATION THEIR PARTICIPATION AND CULPABILITY ACCORDING
TO THE REVISED PENAL CODE TO BE DETERMINED BY A COURT OF
COMPETENT JURISDICTION.

SECTION 60, AUTOMATIC REVOCATION OF LICENSE TO OPERATE.
BUSINESS. - THE SECRETARY IS HEREBY AUTHORIZED TO REVOKE ANY
LICENSE TO OPERATE BUSINESS AFTER PROPER NOTICE AND HEARING
WHICH SHALL BE SUMMARY IN NATURE, OF ANY PERSON/S, FIRM OR

CORPORATION FOUND TO HAVE VIOLATED ANY OF THE PROVISIONS OF
THIS ACT.

SECTION 8. Separability Clause. If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting.

SECTION 4. Repealing Clause. Any law, presidential decree or issuance, executive

order, letter of instruction, administrative order, rule or regulation contrary to or


inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly.

SECTION 5. Effectivity Clause. This Act shall take effect fifteen (15) days from the
date of the completion of its publication in the Official Gazette or in at least two (2)
newspapers of general circulation.

Approved,