NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
s. No. 2214
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of tije
23 MAY 18 PI 56
RfcCEIVtD BV;__ ^
Introduced by Senator Robinhood Padilla
AN ACT
AMENDING SECTION 4 OF REPUBLIC ACT NO. 10845 OTHERWISE KNOWN 
AS THE ANTI-AGRICULTURAL SMUGGLING ACT OF 2016, THEREBY 
IMPOSING DEATH PENALTY WHEN THE OFFENSE IS COMMITTED BY A 
PERSONNEL OF THE BUREAU OF CUSTOMS, THE ARMED FORCES OF THE 
PHILIPPINES, THE PHILIPPINE NATIONAL POLICE, OR ANY OTHER 
UNIFORMED OR LAW ENFORCEMENT AGENCY
EXPLANATORY NOTE
The Philippines is home to more than 100 million people, with half living in rural 
areas and a great proportion struggling to make ends through subsistence farming 
and fishing for their livelihoods.
An attack on the nation's agricultural sector is an affront to the lives of our 
people. According to the Philippine Statistics Authority (PSA), the agriculture sector 
contributed an average of 10% to the country's Gross Domestic Product (GDP) in the 
last few years. However, agricultural smuggling has significantly undermined this 
contribution. The Department of Agriculture (DA) estimated that the country loses an 
estimated P40 billion annually due to agricultural smuggling.
The presence of smuggled agricultural products saturates the market and, more 
often than not, lowers local prices, making it difficult for our locally-produced products 
to compete fairly in the market. This, in effect, hinders our local farmers from 
producing agricultural output due to the fear of not recovering their investments.


Despite the passage of the landmark legislation, "Anti-Agricultural Smuggling 
Act," in 2016 and several reports of seizure of smuggled products, there has been no 
prosecution of individuals, groups, or corporations under the law.
The law has not deterred smuggling and its adverse impact on the agricultural 
sector, which has grown into abominable proportions over the years. In fact, amid 
growing food insecurity in the country, smuggled agricultural products and goods cost 
PI.99 billion in 2022 from over 500 seizures conducted by the Bureau of Customs.
Large-scale smuggling and other pernicious activities are threatening the lives 
of the people by pushing them further to the brink of poverty and putting our country 
in grave food insecurity. All these while our customs administration remains riddled by 
persistent corruption and perversity.
We have to send a strong message that the large-scale agricultural smuggling, 
hoarding, profiteering, and cartel of agricultural products perpetrated by the officers 
and employees of the Bureau of Customs, are heinous and a threat to the very 
foundation of our society. Hence, there is a compelling reason to impose death 
penalty.
In view of the foregoing, the passage of this bill is earnestly sought.
OBI^mOODP
/ Senator


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
s. No. 2214
?5:rnai!:
o( ii)f &- ir;tiTy
23 HAY 18 PI 56
RECEl'-'tOBY.
Introduced by Senator Robinhood Padilla
AN ACT
AMENDING SECTION 4 OF REPUBLIC ACT NO. 10845 OTHERWISE KNOWN 
AS THE ANTI-AGRICULTURAL SMUGGLING ACT OF 2016, THEREBY 
IMPOSING DEATH PENALTY WHEN THE OFFENSE IS COMMITTED BY A 
PERSONNEL OF THE BUREAU OF CUSTOMS, THE ARMED FORCES OF THE 
PHILIPPINES, THE PHILIPPINE NATIONAL POLICE, OR ANY OTHER 
UNIFORMED OR LAW ENFORCEMENT AGENCY
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Section 4 of Republic Act No. 10845 otherwise known as the "Anti-
2 
Agricultural Smuggling Act of 2016" is hereby amended to read as follows:
3 
"Section 4. Penalties. - (a) The penalty of life
4 
imprisonment and a fine of twice the fair value of the
5 
smuggled agricultural product and the aggregate amount of
6 
the taxes, duties and other charges avoided shall be imposed
7 
on any person who commits any of the acts enumerated
8 
under Section 3 of this Act.
9 
(b) " X. X. X
10 
(c) " X. X. X
11 
(d) " X. X. X
12 
"x. X. X
13 
If the ACTS PUNISHABLE IN THIS ACT ARE
14 
COMMITTED, OR AIDED OR ABETTED BY [offender is] a
1


1 
government official or employee, the penalty shall be the
2 
maximum as hereinabove prescribed and the offender shall
3 
suffer an additional penalty of perpetual disqualification from
4 
public office, to vote and to participate in any public
5 
election[T]: PROVIDED, THAT THE PENALTY OF DEATH
6 
SHALL BE IMPOSED WHEN THE OFFENDER IS A
7 
PERSONNEL OF THE BUREAU OF CUSTOMS, THE
8 
ARMED FORCES OF THE PHILIPPINES, THE
9 
PHILIPPINE NATIONAL POLICE, OR ANY OTHER
10 
UNIFORMED OR LAW ENFORCEMENT AGENCY.
11 
Sec. 2. Declaration of Heinous Crime and Imposition of Death Penalty. — It is
12 
hereby declared a heinous crime and death penalty shall be imposed when the
13 
offense, provided In the foregoing section, is committed by any personnel of the
14 
Bureau of Customs, Armed Forces of the Philippines, Philippine National Police, or any
15 
other uniformed or law enforcement agency.
16 
Sec. 3. Suspension of the execution of the death sentence. — The death
17 
sentence shall not be inflicted upon a woman while she is pregnant or within one (1)
18 
year after delivery, or upon any person over seventy (70) years of age. In the latter
19 
case, the death sentence shall be commuted to forty (40) years imprisonment with
20 
the accessory penalties provided under the Revised Penal Code.
21 
Sec. 4. Separability Clause. — If any portion or provision of this Act is declared
22 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall
23 
remain in force and effect.
24 
Sec. 5. Repealing Clause. — Republic Act No. 9346 is hereby amended
25 
accordingly In so far as the prohibition of death penalty on crimes as specified in this
26 
Act. Any law, presidential decree or issuance, executive order, letter of instruction,
27 
rule or regulation inconsistent with the provisions of this Act is hereby repealed or
28 
modified accordingly.
29 
Sec. 6. Effectivity Clause. — This Act shall take effect after fifteen (15) days
30 
following Its complete publication in the Official Gazette or a newspaper of general
31 
circulation.
Approved,