NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHIUPPINES 
Second Regular Session
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SENATE
S. No. 2413
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INTRODUCED BY SENATOR RONALD "BATO" DELA ROSA
AN ACT
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 10845, 
OTHERWISE KNOWN AS THE ANTI-AGRICULTURAL SMUGGLING ACT OF 
2016, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Agricultural smuggling poses a significant threat to the economic stability of the 
Philippines, making a strong case for its classification as economic sabotage. This is 
precisely why the passage of the Anti-Agricultural Smuggling Act of 2016 was a step 
in the right direction. After all, behind the seemingly abstract concept of economic 
stability are real farmers with real livelihoods, as well as real Filipinos with real need 
for food and sustenance. Criminalizing and ultimately preventing agricultural 
smuggling Is therefore a piece of legislation whose impact ought to be felt on all levels 
of society.
And yet, we find that agricultural smuggling still persists in the country. Early 
this year, the Bureau of Customs (BOC) was able to seize illegally imported agricultural 
products worth PHP2 billion1 at various Philippine ports. Although this may be noted 
as an achievement on the part of the BOC, it is still alarming that such attempts are 
being made all over the country. It appears that the legislative safeguards set in place
1 https://www.pna.gov.ph/articles/1192509


by R.A. 10845 are not sufficient to deter smugglers, hence the need for this law to be 
amended.
First, under this amendment, smuggling will mean more than just smuggling. 
We take smuggling not just for what it is, but for what it has the potential to cause - 
economic sabotage. Second, we widen the scope of what is to be understood as 
agricultural economic sabotage, including hoarding, profiteering, cartel organization 
and/or participation, and other acts of market abuses. Third, this measure also 
proposes the establishment of an Inter-Agency Council on Economic Intelligence, for 
the purpose of more effectively combatting the evils of agricultural economic 
sabotage.
In the end, understanding agricultural smuggling as economic sabotage, and 
decisively acting in accordance to this understanding, are imperative for the 
Philippines to safeguard its economy and ensure sustainable development. By doing 
so, the government can send a clear message that it is committed to protecting its 
farmers, preserving food security, and maintaining a fair and transparent trade 
environment. This measure would not only deter potential smugglers but also 
reinforce the country's economic resilience and potential for growth.
RONALD
!\DELA ROSA


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
/I SSCHRff
of rije f ff-irp
23 AUG 16 P3 52
SENATE
S. No. 2413
INTRODUCED BY SENATOR RONALD "BATO" DELA ROSA
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AN ACT
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 10845, 
OTHERWISE KNOWN AS THE ANTI-AGRICULTURAL SMUGGLING ACT OF 
2016, AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Phiiippines in 
Congress assembied:
Section 1. The title of Republic Act No. 10845 is hereby amended to read as:
"AN ACT DECLARING LARGE-SCALE AGRICULTURAL SMUGGLING,
HOARDING, PROFITEERING, CARTEL, AND OTHER ACTS OF MARKET 
ABUSES AS ECONOMIC SABOTAGE, PRESCRIBING PENALTIES THEREFORE 
AND FOR OTHER PURPOSES"
Sec. 2. Section 1 of Republic Act No. 10845 is hereby amended to read as:
"Section 1. Short Tide. - This Act shall be known as the "Anti-Agricultural 
[Smuggling] ECONOMIC SABOTAGE Act."
Sec. 3. Section 2 of Republic Act No. 10845 is hereby amended to read as:
"Sec. 2. Declaration of Policy. - It is the policy of the State to promote that 
productivity of the agriculture sector and to protect farmers from 
unscrupulous traders and Importers, who by their illegal importation of 
agricultural products, especially rice, significantly affects the production, 
availability of supply and stability of process and food security of the State.


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FURTHERMORE, IT IS ALSO THE POLICY OF THE STATE TO 
PROMOTE THE AFFORDABILITY OF FOOD AND OTHER 
AGRICULTURAL COMMODITIES FOR FILIPINO CONSUMERS BY 
PREVENTING LARGE-SCALE ABUSE OF MARKET POWER, 
HOARDING AND OTHER PRACTICES TO MANIPULATE PRICES AND 
UNDULY RESTRAIN SUPPLY.
The State shall impose higher sanctions for large-scale smuggling of 
agricultural products AND OTHER ABUSES OF MARKET POWER as self- 
preservation measure to shield itself from the manipulative scheme of 
economic saboteurs, and to protect the livelihood of our farmers and to 
ensure their economic well-being AND THAT OF CONSUMERS."
Sec. 4. Section 3 is hereby amended to read as:
"SEC. 3. Large-Scale Agricultural Smuggling As Economic Sabotage. - The 
crime of iarge-scale agricultural smuggling as economic sabotage, involving sugar, 
corn, pork, poultry, garlic, onion, carrots, fish, and cruciferous vegetables, in its raw 
state, or which have undergone the simple processes of preparation or preservation 
for the market with a minimum amount of One Million Pesos (P1,000,000.00), or rice, 
with a minimum amount of Ten Million Pesos (P10,000,000.00), OR TOBACCO 
INCLUDING ITS FINISHED PRODUCTS, WITH A MINIMUM EXCISE TAX AND 
VALUE-ADDED TAX PAYABLE OF ONE MILLION PESOS (P1,000,000.00), as 
valued by the Bureau of Customs (BOC), is committed through nay of the following 
acts:
(a) Xxx
(b)
(c)
(d)
(e)
(0


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(g)
(h) 
Acting as A broker, AGENT, FACILITATOR, FORWARDER, OR 
WAREHOUSE LESSOR of the violating importer; AND
(i) ALLOWING THE USE OF A PRIVATE PORT, FISH PORT, FISH 
LANDING SITE, RESORT, AND/OR AIRPORT TO PERPETUATE THE 
ECONOMIC SABOTAGE REGARDLESS OF QUANTITY."
Sec. 5. A new Section 3-A shall be inserted after Section 3 of Republic Act. No. 
10845 to read as:
"SEC. 3-A. LARGE-SCALE AGRICULTURAL HOARDING, 
PROFITEERING, AND CARTEL AS ECONOMIC SABOTAGE. - 
HOARDING, PROFITEERING, OR CARTEL, AS DEFINED IN 
SECTION 5 OF REPUBLIC ACT NO. 7581, INSOFAR AS THEY 
INVOLVE SUGAR, CORN, PORK, POULTRY, GARLIC, ONION, 
CARROTS, FISH AND CRUCIFEROUS VEGETABLES, IN ITS RAW 
STATE, OR WHICH HAVE UNDERGONE THE SIMPLE PROCESSES OF 
PREPARATION OR PRESERVATION FOR THE MARKET, WITH A 
MINIMUM AMOUNT OF ONE MILLION PESOS (P1,000,000.00), OR 
RICE, WITH A MINIMUM AMOUNT OF TEN MILLION 
(P10,000,000.00), AS VALUED BY THE DEPARTMENT OF 
AGRICULTURE FOR DOMESTICALLY PRODUCED COMMODITIES, 
SHALL CONSTITUTE ECONOMIC SABOTAGE."
Sec. 6. Section 4 of Republic Act No. 10845 is hereby amended to read as:
"Section 4. Penalties. - (a) The penalty of life imprisonment and a fine of 
twice the fair value of smuggled agricultural product OR THE PRODUCT 
SUBJECT TO HOARDING, PROFITEERING, OR CARTEL and the 
aggregate amount of the taxes, duties and other charges avoided shall be 
imposed on any person who commits any of the acts enumerated under 
Sections 3 AND 3-A of this Act.


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(b) The penalty of imprisonment of not less than seventeen (17) years but 
not more than twenty (20) years, and a fine of twice the fair value of the 
smuggled, PROFITEERED, HOARDED, OR CARTELLED agricultural 
product and the aggregate amount of the taxes, duties and other charges 
avoided shall be imposed on the officers of dummy corporations, 
nongovernment organizations, associations, cooperatives, or single 
proprietorships who knowingly sell, lend, lease, assign, consent or allow the 
unauthorized use of their import permits for purposes of smuggling, 
PROFITEERING, HOARDING, OR CARTELLING.
(c) The penalty of imprisonment of not less than fourteen (14) years but not 
more than seventeen (17) years, and a fine of twice the fair value of the 
smuggled, PROFITEERED, HOARDED, OR CARTELLED agricultural 
product and the aggregate amount of the taxes, duties and other charges 
avoided shall be imposed on the following:
XXX
(3) The registered owner and lessee of a warehouse, or any property, 
who knowingly stores the smuggled, PROFITEERED, HOARDED, 
OR CARTELLED agricultural product subject to economic sabotage; 
or
(4) The registered owner, lessee, president or chief executive officer 
of the private port, fish port, fish landing sites, resorts, and airports 
who knowingly allows the agricultural product to be smuggled into 
the country, OR TO BE HOARDED WITHIN THEIR FACILITIES.
Sec. 7. A new Section 6 shall be inserted after Section 5 of Republic Act. No. 
10845 to read as:
"SEC. 6. INTER-AGENCY COUNCIL ON ECONOMIC INTELIGENCE. - 
THERE IS HEREBY CREATED AN INTER-AGENCY COUNCIL ON


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ECONOMIC INTELLIGENCE, HEREINAFTER REFERRED TO AS 
COUNCIL, WHICH IS MANDATED TO ENFORCE THE PROVISIONS 
OF THIS ACT AND TO PRINCIPALLY COMBAT SMUGGLING, 
HOARDING, PROFITEERING, AND CARTEL ORGANIZATION 
AND/OR PARTICIPATION: PROVIDED, THAT, THE TASK FORCE 
SHALL BE CO-CHAIRED BY THE DEPARTMENT OF AGRICULTURE 
(DA), DEPARTMENT OF TRADE AND INDUSTRY (DTI) AND THE 
BUREAU OF CUSTOMS (BOC), AND SHALL INCLUDE AS MEMBERS 
THE DEPARTMENT OF JUSTICE (DOJ), NATIONAL BUREAU OF 
INVESTIGATION (NBI), DEPARTMENT OF INTERIOR AND LOCAL 
GOVERNMENT (DILG), PHILIPPINE NATIONAL POLICE (PNP), 
PHILIPPINE COMPETITION COMMISSION (PCC), NATIONAL 
SECURITY COUNCIL (NSC), AND NATIONAL INTELLIGENCE 
COORDINATING AGENCY (NICA)."
Sec. 8. Section 7 of Republic Act No. 10845 Is hereby amended to read as:
"Section. 7. Prescription of Crimes. -The crimes punishable under this Act 
shall prescribe in twenty (20) years."
Sec. 9. Implementing Rules and Regulations. - The DA, DTI, AND BOC, in 
consultation with concerned agencies, shall promulgate the implementing rules and 
regulations of this Act within thirty (30) days upon its effectivity.
Sec. 10. Separability Clause. - If any portion of this Act Is declared 
unconstitutional or Invalid, the portions or provisions which are not affected shall 
continue to be in full force and effect.
Sec. 11. Repealing Clause. - All laws, decrees, executive issuances, rules and 
regulations Inconsistent with this Act are hereby repealed and/or modified 
accordingly.


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Sec. 12. Effectivity Clause. - This Act shall take effect after fifteen (15) days
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following its publication in the Official Gazette or in a newspaper of general circulation.
Approved,