Republic of the Philippines
HOUSE OF REPRESENTATIVEY
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL Rd 1

Introduced by Honorable SALVACION S. PONCE ENRILE

EXPLANATORY NOTE

Article XII, Section 19, of the 1987 Philippine Constitution provides:

“Section 19. The State shall regulate or prohibit monopolies when the public
interest so requires. No combinations in restraint of trade or unfair competition
shall be allowed.”

Section 22 of the same Article encourages the promulgation of legislation that would impose
civil and criminal sanctions against those who circumvent or negate this principle. Hence,
Section 22 of the Constitution provides:

“Section 22. Acts which circumvent or negate any of the provisions of this
Article shall be considered inimical to the national interest and subject to
criminal and civil sanctions, as may be provided by law”

Amidst the difficult economic conditions we are presently laboring under, it is not very
difficult to imagine how artificial prices in one or two commodities are able to directly or
indirectly raise the prices of related goods and services. It is imperative that our people be
protected against exploitative price manipulators.

Admittedly, numerous legislations have been passed pursuant to the above-quoted
Constitutional mandate. However, the increased deviousness and complexity of schemes in
perpetuating monopolies in the free market necessitates an equally sophisticated legislation
that would effectively address this concern.

This Bill proposes to penalize combinations or conspiracies in restraint of trade and all forms
of artificial machinations that will injure, destroy or prevent free market competition.

For these reasons, the passage of this Bill is earnestly sought.

we


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.21 1

Introduced by Honorable SALVACION S, PONCE ENRILE

EXPLANATORY NOTE

Article XII, Section 19, of the 1987 Philippine Constitution provides:

“Section 19. The State shall regulate or prohibit monopolies when the public
interest so requires. No combinations in restraint of trade or unfair competition
shall be allowed.”

Section 22 of the same Article encourages the promulgation of legislation that would impose
civil and criminal sanctions against those who circumvent or negate this principle. Hence,
Section 22 of the Constitution provides:

“Section 22. Acts which circumvent or negate any of the provisions of this
Article shall be considered inimical to the national interest and subject to
criminal and civil sanctions, as may be provided by law”

Amidst the difficult economic conditions we are presently laboring under, it is not very
difficult to imagine how artificial prices in one or two commodities are able to directly or

indirectly raise the prices of related goods and services. It is imperative that our people be

protected against exploitative price manipulators.

Admittedly, numerous legislations have been passed pursuant to the above-quoted
Constitutional mandate. However, the increased deviousness and complexity of schemes in
perpetuating monopolies in the free market necessitates an equally sophisticated legislation
that would effectively address this concern,

This Bill proposes to penalize combinations or conspiracies in restraint of trade and all forms
of attificial machinations that will injure, destroy or prevent free market competition.

For these reasons, the passage of this Bill is earnestly sought.

a



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNO._211

Introduce by Honorable SALVACION S. PONCE ENRILE

AN ACT
PROHIBITING MONOPOLIES, ATTEMPT TO MONOPOLIZE AN INDUSTRY OR
LINE OF COMMERCE, MANIPULATION OF PRICES OF COMMODITIES, ASSET
ACQUISITION AND INTERLOCKING MEMBERHIPS IN THE BOARD OF
DIRECTORS OF COMPETING CORPORATE BODIES AND PRICE
DISCRIMINATION AMONG CUSTOMERS, PROVIDING PENALTIES
THEREFORE, AND FOR OTHER PURPOSES.

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

Section 1. Title. ~ This Act shall be known and cited as the “Philippine Anti-Trust Act.”

Section 2. Definition of “Person” or “Persons”. — The word “person” or ‘persons”,
whenever used in this Act, shall be deemed to include not only individual or individuals but
also corporations, partnerships, and associations existing under or authorized by the laws of

the Philippines or by the laws of any foreign country.

Section 3, Agreements, Contracts, Combinations, or Conspiracies in Restraint of Trade and
Price Manipulation. ~ Every agreement or contract, combination in the form of trust or
otherwise, or conspiracy, expressed or implied, in restraint of trade or commerce inside the
country or with foreign nations or foreign territories, are hereby declared illegal and,

therefore, it shall be unlawful for any person to enter in, or to make, or to be a party to any



commodity and which is in free and open competition with commodities of the same general
class produced or distributed by others: Provided, further, That the preceding proviso shall
not make lawful any agreement or contract, combination or conspiracy providing for the
establishment or maintenance of minimum resale prices on any commodity herein involved,
between manufacturers, or between producers, or between wholesalers, or between brokers, or
between factors, or between retailer, or between persons, firms, or corporations in competition

with each other,

Section 4. Monopoly or Attempt to Monopolize. ~ It shall be unlawful for any person to
monopolize, or attempt to monopolize, or to combine or conspire, expressly or impliedly, with
any other person or persons, to monopolize any part of the trade or commerce within the
country, or with any foreign country or territory, and any such person shall be guilty of an
offense. Provided, That nothing contained in this Act shall render unlawful the right of a
patent holder or a copyright holder to enjoy the benefit of his or its patent or copyright duly

registered in the Philippines or in any foreign country with which the Philippines is a co-
signatory to any treaty or convention that protects rights to an invention patent or to a

copyright, as the case may be.

Section 5. Price Discrimination — (A) It shall be unlawful for any person engaged in
commerce, in the course of such commerce, either directly or indirectly, to discriminate in
price between different purchasers of commodities of like grade and quality, where either or

any of the purchasers involved in such discrimination are in commerce, where such

commodities are sold for use, consumption, or resale within the Philippines, and where the
effect of such discrimination may be substantially to lessen competition or trend to create a
monopoly in any line of commerce, or to injure, destroy, or to prevent competition with any
person who either grants or knowingly receives the benefit of such discrimination, or with
customers of either of them: Provided, That nothing herein contained shall prevent
differentials which make only due allowance for differences in the cost of manufacture, sale,
or delivery resulting from the differing method or quantities in which such commodities are to
such purchasers sold or delivered: Provided, however, That the Secretary of the Department
of Trade and Industry in the case of non-agricultural commodities and the Secretary of the
Department of Agriculture in the case of agricultural commodities may, after due notice,
investigation and hearing to all interested parties, fix and establish quantity limits, and revise
the same as the Secretary concerned finds necessary, as to particular commodities or classes



foregoing shall not be construed to permit differentials based on differences in quantities
greater than those so fixed and established: Provided, further, That nothing herein contained
shall prevent persons engaged in selling goods, wares, or merchandise in commerce from
selecting their own customers in bona fide transactions and not in restraint of trade: And
Provided, finally, That nothing herein contained shall prevent price changes from time to time
{n response to changing conditions affecting the market for or the marketability of the goods
concerned, such as but not limited to actual or imminent deterioration of perishable goods,
obsolescence of seasonal goods, distress sales under court process, or sales in good faith in

discontinuance of business in the goods concemed.

(B) It shall be unlawful for any person engaged in commerce, in the course of such
commerce, to pay or grant, or to receive or accept, anything of value as a commission,
brokerage, or other compensation, or any allowance or discount in lieu thereof, except for
services rendered in connection with the sale or purchase of goods, wares, or merchandise,
either to the other party to such transaction or to an agent, representative, or other
intermediary therein where such intermediary is acting in fact for or in behalf, or is subject to
the direct or indirect control, of any party to such transaction other than the person by whom

such compensation is so granted or paid

(C) It shall be unlawful for any person engaged in commerce to pay or contract for the
payment of anything of value to or for the benefit of a customer of such person in the course
of such as compensation or in consideration for any services or facilities furnished by or
through such customer in connection with the processing, handling, sale, or offering for sale
of any products or commodities manufactured, sold, or offered for sale by such person, unless
such payment or consideration is available on proportionally equal terms to all other

customers competing in the distribution of such products or commodities.

(D) It shall be unlawful for any person to discriminate in favor of one purchaser against
another purchaser or purchasers of a commodity bought for resale, with or without processing,
by contracting to furnish or furnishing, or by contributing to the furnishing of, any services or
facilities connected with the processing, handling, sale, or offering for sale of such
commodity so purchased upon terms not accorded to all purchasers on proportionally equal

terms.

(©) It shall be unlawful for any person engaged in commerce, in the course of such commerce,

knowingly to induce or receive discrimination in price which is prohibited by this Section.


prima-facie case thus made by showing justification shall be upon the person charged with a
violation of this Section, and unless justification shall be affirmatively shown, the Secretary
concerned is authorized to issue an order terminating the discrimination: Provided, however,
That nothing herein contained shall prevent a seller rebutting the prima-facie case thus made
by showing that his lower price or the furnishing of services or facilities to any purchaser or
Purchasers was made in good faith to meet an equally low price of a competitor, or the
services or facilities furnished by a competitor.

Section 6. Prohibited Stipulations in Lease or Sales Contracts. ~It shall be unlawful for any
person engaged in commerce, in the course of such commerce, to lease or make or make a
sale or contract for the sale of goods, wares, merchandise, machinery, supplies, or other
commodities, whether patented on unpatented, for use, consumption, or resale within the

Philippines, or fix a price charged therefore, or discount from, or rebate upon, such price, on

the condition, agreement, or understanding that the lease or purchaser thereof shall not use or
deal in the goods, wares, merchandise, machinery, supplies, or other commodities of a
competitor of the lessor or seller, where the effect of such lease sale or contract for sale or
such condition, agreement, or understanding may be to lessen competition or tend to create a

monopoly in any line of commerce.

Section 7. Prohibited Stock or Asset Acquisition. ~ No person engaged in commerce ot in
any activity affecting commerce shall acquire, directly or indirectly, the whole or any part of
the stock or other share capital or the whole or any part of the assets of another person
engaged also in commerce or in any activity affecting commerce, where in any line of
commerce in any activity affecting commerce in the country or in any part of the country, the
effect of such acquisition may be substantially to lessen competition or tend to create a
monopoly.

Section 8. Prohibited Grant or Proxies or voting Rights. — No person shall acquire, directly
or indirectly, the whole or any part of the stock or other share capital, nor shall any person
acquire the whole or any part of the assets of one or more persons engaged in commerce o in
any activity affecting commerce, where in any line of commerce in any activity affecting
commerce in the country or in any part of the country, the effect of acquisition of such assets,
or of the use of such stock by the voting or granting or proxies or otherwise, may be



competition, Nor shall anything contained in the Section prevent a corporation engaged in
commerce or in any activity affecting commerce from causing the formation of subsidiary
corporations for the actual carrying on their immediate lawful business, or the natural and
legitimate branches or extension thereof, or from owning and holding all or part of the stock
of such subsidiary corporations, when the effect of such formation is not to substantially
lessen competition.

Nothing contained in this Section shall be held to affect impair any right heretofore legally
acquired: Provided, That nothing this Section 8 shall held or construed to authorize or make
anything heretofore prohibited or made illegal by any anti-trust law of the Philippines,
particularly Article 186 of the Revised Penal Code of the Philippines, nor exempt any person
from the penal provisions thereof or the civil remedies provided therefore, if any.

Section 9, Prohibited Board Memberships in Two or More Corporations. — No person shall.
be a director in any two or more corporations engaged in whole of in part in commerce in the
Philippines at the same time, other than banks, banking associations, investment companies,
and trust companies, if such corporations are or shall have been therefore, by virtue of their
business and location of operation, competitors, so that the elimination of competition by
agreement between them would constitute a violation of any provisions of this Act or any

anti-trust law of the Philippines, particularly Article 186 of the Revised Penal Code of the
Philippines.

Section 10. Exemption of Labor, Agricultural or Horticultural Organizations. ~The labor
ofa human being is not a commodity or Article of commerce. Nothing contained in this Act,
therefore, shall be construed to forbid the existence and operation of any, labor, agricultural or
horticultural organizations, instituted for purposes of mutual help, and not having capital
stock or conducted for profit, or to forbid restrain individual members of such organizations
from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the
members thereof, be held or construed to be illegal combinations or conspiracies in restraint
of trade, under this Act.

Section 11. Penalties for Violations of Section 3 and Section 4. ~ Any person that shall be


competition. Nor shall anything contained in the Section prevent a corporation engaged in
commerce or in any activity affecting commerce from causing the formation of subsidiary
corporations for the actual carrying on their immediate lawful business, or the natural and
legitimate branches or extension thereof, or from owning and holding all or part of the stock
of such subsidiary corporations, when the effect of such formation is not to substantially
lessen competition.

Nothing contained in this Section shall be held to affect impair any right heretofore legally
acquired: Provided, That nothing this Section 8 shall held or construed to authorize or make
anything heretofore prohibited or made illegal by any anti-trust law of the Philippines,
particularly Article 186 of the Revised Penal Code of the Philippines, nor exempt any person
from the penal provisions thereof or the civil remedies provided therefore, if any.

Section 9, Prohibited Board Memberships in Two or More Corporations.

No person shall
be a director in any two or more corporations engaged in whole of in part in commerce in the
Philippines at the same time, other than banks, banking associations, investment companies,
and trust companies, if such corporations are or shall have been therefore, by virtue of their
business and location of operation, competitors, so that the elimination of competition by
agreement between them would constitute a violation of any provisions of this Act or any
anti-trust law of the Philippines, particularly Article 186 of the Revised Penal Code of the
Philippines.

Section 10, Exemption of Labor, Agricultural or Horticultural Organizations. — The labor
of a human being is not a commodity or Article of commerce. Nothing contained in this Act,
therefore, shall be construed to forbid the existence and operation of any, labor, agricultural or
horticultural organizations, instituted for purposes of mutual help, and not having capital
stock or conducted for profit, or to forbid restrain individual members of such organizations
from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the
members thereof, be held or construed to be illegal combinations or conspiracies in restraint

of trade, under this Act.

Section 11. Penalties for Violations of Section 3 and Section 4.— Any person that shall be



imprisonment not exceeding five (5) years, or both fine and imprisonment, in the discretion of
the court.

Section 12. Penalties for Violations for Section 5, 6, 7, 8 and/or 9.- Any person that shall
be bound to have violated Sections 5,6,7,8 or 9 or any combination of such sections of this
Act shall, for each and every violation, be punished by a fine not exceeding five million pesos
(P 5,000,000.00), or by imprisonment not exceeding two and one half (2 %) years, or both

fine and imprisonment in the discretion of the court.

Section 13. Imposition of a Higher Penalty. — If the same Act or Acts are chargeable and
punishable under Article 186 the Revised Penal Code and under the provisions of this Act, the
penalties imposed under the provisions of the Revised Penal Code or under the provisions of

this Act, whichever is the heavier, shall imposed,

Section 14. Exclusion of Civil Action from Criminal Action. ~ The institution of a criminal

action under this Act against a defendant shall not be deemed to include any claim for
‘damages in favor of any person that may have suffered any monetary injury because of any
violation of this Act.

Section 15. Civil Action of Private Parties for Monetary Injury. ~ In addition to the
penalties provided in Sections 11 and 12 of this Act, any person that shall be injured in his

business or property and thereby suffers monetary injury by reason of anything forbidden
under Sections 3, 4, 5,6, 7, 8 or 9 of this Act may institute a separate and independent civil
action, irrespective of the amount involved in the monetary injury by him or by it sustained,

and the cost of suit, including a reasonable attorney's fee.

‘The complaint for the civil action may be filed or instituted in the Regional Trial Court where
the defendant or any of the defendants, if more than one, resides or is found or has an agent,

or in the Regional Trial Court where the plaintiff resides. Any complaint for civil action that

may be filed or instituted against a defendant to recover monetary injury suffered as a

consequence of a violation of this Act shall be exempted from payment of any filing fee.


becoming successful, the Regional Trial Court having jurisdiction over the case shall exclude
from the amount of the monetary relief awarded in such action, the amount: (1) which
duplicates amounts of monetary relief that have been awarded for the same injury, or (2)
which is properly allocable (A) to natural persons who have excluded their claims from the
civil action instituted by the Secretary of Justice in the name of the Republic of the

Philippines, and (B) to any business entity.

Section 18. Requirement of Notice by Publication in a Suit of the Republic of the
Philippines. ~ In any civil action brought by the Secretary of Justice under this Act in the
name of the Republic of the Philippines, as parens patriae, the Secretary if Justice shall, at
times and is such manner, and with such content as the Regional Trial Court having
jurisdiction may direct, cause notice thereof to be given by publication. However, if such
Regional Trial Court finds that notice given solely by publication would deny due process of
law to any person or persons, that court may direct further notice to such such persons

according to the circumstances of the case.

Section 19. Exclusion from Suit of the Republic of the Philippines. - Any person on whose
behalf's civil action has been brought by the Secretary of Justice under this Act in the name of
the Republic of the Philippines, as parens patriae, may elect to exclude from adjudication the
portion of the claim of the Republic of the Philippines for monetary relief attributable to him
by filing notice of such election with the Regional Trial Court having jurisdiction over the
civil action within such time as specified in the notice given pursuant to the immediately

preceding Section 16 hereof.

Section 20. Effect of Final Judgment in a Suit of the Republic of the Philippines. - The
final judgment in an action brought by the Secretary of Justice under this Act in the name of
the Republic of the Philippines, as paren patriae, shall be res judicata as to claim by any
person on behalf of whom such action was brought and who fails to give the notice of election
under Section 17 hereof within the period directed and specified by the Regional Trail Court
having jurisdiction of the case in accordance with Section 16 of this Act.

Section 21, Suit of the Republic of the Philippines to Recover its Own Damages. -


one defendant resides or is found or has an agent, without respect to the amount in

controversy and shall recover actual damages by it sustained and the cost of suit

Section 22. Approval of the Court Required to Dismiss or Compromise a Civil Action. -
Any Civil action filed under this Act shall not be dismissed or compromised without the
approval of the court having jurisdiction of the case, and notice of any proposed dismissal or
compromise shall be given to the public and to the parties in such manner as the court directs.

Section 23. Attorney's Fee for the Prevailing Defendants. - In any civil action filed against
a defendant under this Act, the court having jurisdiction of the case may award a reasonable
attorney's fee in favor of a prevailing defendant upon a finding that the Secretary of Justice or

the plaintiff has acted in bad faith, vexatiously, wantonly, or for oppressive reasons.

Section 24. Use of Statistical or Sampling Methods to Prove and Assess Damages. - In any
civil action under this Act which there has been a determination that a defendant agreed to fix
prices in violation of the provisions of this Act, damages may be proved and assessed in the
aggregate by statistical or sampling methods, by the computation of illegal overcharges, or by
such other reasonable system of estimating aggregate damages as the court having jurisdiction
of the case in its discretion may permit without necessarily proving the individual claim of or

the amount of damage to, persons on whose behalf the suit was brought.

Section 25. Distribution of Monetary Relief Recovered in Suit of the Republic of the
Philippines. - The monetary relief in a civil action filed by the Secretary of Justice in the
name of the Republie of the Philippines, as parens patriae, in accordance with the provisions
of Section 16 hereof shall (1) be distributed in such manner as the Regional Trial Court
having jurisdiction of the case in its discretion may authorize; or (2) be deemed a civil penalty
by the Regional Trial Court and deposited with the National Treasury as part of the general
fund of the government, subject in either case to the requirement that any distribution
procedure adopted by the Regional Trial Court shall afford each person having an interest in
the monetary relief a reasonable opportunity to secure his appropriate portion of the net

monetary relief obtained.


action brought by or on behalf of the People of the Philippines as well as any final judgment
ot decree heretofore or hereafter rendered in any civil action brought by or on behalf of the
Republic of the Philippines under this Act to the effect that a defendant has violated any or all
of the provisions of this Act shall be prima facie evidence against such defendant in any civil
action brought by any other party against such defendant under this Act as to all matters
respecting which said judgment or decree would be an estoppel as between the parties thereto:
Provided, That this Section shall not apply to consent judgment or decree, as hereinafter
provided in Section 27 hereof, entered before any testimony has been taken.

Seetion 27. Proposal for a Consent Judgment. At any time in the course of a civil action
brought by or on behalf of the Republic of the Philippines under this Act, the Republic of the
Philippines through the Secretary of Justice, may propose in a proper pleading to the
defendant or defendants a consent judgment by the latter based on the facts alleged by the
parties in their respective pleadings.

Any such proposal for a consent judgment for entry in such civil action shall be filed with the
Regional Trial Court having jurisdiction of the case. A summary of the terms of the proposal
for the consent judgment with a competitive impact statement which shall recite (1) the
nature and purpose of the proceeding; (2) a description of the practices or events giving rise
to the alleged violation of this Act; (3) an explanation of the proposal for a consent judgment,
including an explanation of any unusual circumstances giving rise to such proposal or any
provision contained therein, relief to be obtained thereby, and the anticipated effects on
competition of such relief; (4) the remedies available to potential private plaintiffs damaged
by the violation in the event that such proposal for the consent judgment entered in such
proceeding; (5) a description of the alternatives to such proposal actually considered by the
Republic of the Philippines; and (7) a list of the materials and documents which the Republic
of the Philippines shall make available for purposes of meaningful public comment, and the
place where such materials and documents are available for public inspection, shall be
published at least sixty (60) days prior to the effective date of such consent judgment for
seven (7) days over a period of three (3) weeks in at least two (2) newspapers of general

circulation.

Copies of the proposal for a consent judgment or any other materials and documents which
the Republic of the Philippines considered determinative in formulating its proposal for a
consent judgment shall be made available to the public at the Regional Trial Court having


Section 28. Public Comments Relating to the Proposal for a Consent Judgment. - During

the sixty (60) day period mentioned in Section 27 hereof, and such additional time as the

Republic of the Philippines may request and the Regional Trial Court may grant, the Republic
of the Philippines shall receive and consider any written comments relating to the proposal of
the consent judgment filed with the Regional Trial Court having jurisdiction of the case in
accordance with Section 27 of this Act. At the close of the period during which such
comments may be received, the Republic of the Philippines shall file with the Regional Trial
Court having jurisdiction of the case, not later than (30) days from the date the last comment
‘was filed with the Regional Trial Court, a response to such comments.

Section 29, Duty of the Regional Trial Court Before Entering Any Consent Judgment. -
Before entering any consent judgment proposed by the Republic of the Philippines under
Section 27 of this Act, the Regional Trial Court having jurisdiction of the case shall determine

that the entry of such judgment is in the public interest.

For purposes of determining that the entry of such judgment is in the public interest, the
Regional Trial Court may consider: (1) the competitive impact of such judgment, including
termination of alleged violations, provisions, provisions for enforcement and modification,
duration of relief sought, anticipated effects of alternative remedies actually considered, and
any other considerations bearing upon the adequacy of such judgment; and (2) the impact of
entry of such judgment upon the public generally and individuals alleging specific injury from
the violations set forth in the complaint, including consideration of the public benefit, if any,
to be derived from the determination of the issues at the trial.

Section 30. Powers of the Regional Trial Court in Making the Determination under
Section 29. ~ In making its determination under Section 29 of this Act, the Regional Trial
Court may; (10 take the testimony of government officials or experts or such expert
witnesses, as the Regional Trial Court may deem appropriate; (2) appoint such outside
‘consultants or experts witnesses as the Regional Trial Court may deem appropriate; (3)
request and obtain the views, evaluations, or advice of any individual, group, or agency of the
government with respect to any aspects of the proposed consent judgment or the effect of such
consent judgment, in such manner as the Regional Trial Court having jurisdiction of the case
deems appropriate; (4) authorize full or limited participation in the civil proceedings before
the Regional Trial Court having jurisdiction of the case by interested persons or agencies of



participation in any other manner and extent which serves the public interest as the Regional
Trial Court having jurisdiction of the case may deem appropriate; (5) review any comments
including any objections filed with the Republic of the Philippines concerning the proposed
consent judgment and the responses of the Republic of the Philippines to such comments and
objections, in accordance with the provisions if Section 28 of this Act; and (6) take such
other action in the publie interest as the Regional Trial Court may deem appropriate.

Section 31. Certifications of the Defendants. - Not later than fifteen (15) days following
the date of the filing of any proposal for a consent judgment under Section 27 of this Act,
cach defendant shall file with the Regional Trial Court having jurisdiction on the case a
description of any and all written or oral communications by or on behalf of such defendants,
including any and all written or oral communications on behalf of such defendants, o other
person, with any officer or employee of the Republic of the Philippines or relevant to such
proposal, except that any such communications made by counsel of record with the Secretary
of Justice or the employees of the Department of Justice shall be excluded from the
requirements of this Section. Prior to the entry of any consent judgment pursuant to this Act,
each defendant shall certify under oath to the Regional Trial Court having jurisdiction of the

‘case that the requirements of this Section have been complied with and that such filing is a
true and complete description of such communications known to the defendant or which the

defendant reasonable should have known.

Seetion 32. Evidential Value of Proceedings in a Proposal for a Consent Judgment. -
Proceedings before the Regional
and Section 30 of this Act, shall not be admissible against any defendants in any action or

Court having jurisdiction of the case under Section 29

proceedings brought by any other party against such defendant nor constitute a basis for the
introduction of the consent judgment as a prima facie evidence against such defendants in any

such action or proceeding,

Section 33. Statute of Limitations. - Any civil or criminal action to enforce any cause of
action arising from a violation of any provision of this Act shall be forever barred unless
commenced within five (5) years after the cause of action accrued. Whenever any civil or
criminal proceeding is instituted by the Republic of the Philippines in case of a civil action or

by the People of the Philippines in case of a criminal action to prevent, restrain, or punish any



Section 34. Separability Clause. - If any clause, sentence, section or part of this Act shall be
adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder of this Act, but shall be confined in its operation to the

clause, sentence, paragraph, section, or part thereof directly involved in the controversy.

Section 35. Repealing Clause. - All provisions of law, orders, decrees, executive orders,
including rules and regulations or parts thereof which are contrary to or inconsistent with the

provisions of this Act are hereby repealed or modified accordingly.

Section 36, Effectivity Clause. - This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or at least two (2) national newspapers of general

circulation.

Approved,