ORIGINAL COPY

Republic of the Philippines
HOUSE OF REPRESENTATIVES ap
Quezon City . 2)
GS mS
RECEIVep ©
SIXTEENTH CONGRESS oar 1 JUL 2013 SS
First Regular Session é :

House

INTRODUCED BY REPRESENTATIVE ARTHUR C. YAP.

EXPLANATORY NOTE

‘The flooding of markets with “double dead” meat, or in the vernacular, “botcha”,
has been a staple of news reports lately. This has raised a great level of concern as the
adulterated meat poses unreasonable risk of injury and health hazards to the consuming
public.

The National Meat Inspection Service (NMIS) and its deputized Local
Government Unit (LGU) partners, while being very vigilant in inspecting, pursuing,
apprehending and filing criminal cases against these unscrupulous “hot meat” vendors,
dealers and importers complain of the lack of teeth of the existing law. Thus, there
deterrent for this new brand of criminals.

‘The law in issue is Republic Act No. 9296 or the National Meat Inspection Code.
And indeed, the said law is very weak in terms of penalties for violations of prohibited
acts thereof.

Under Section 56 of said law, the Secretary of Agriculture is merely empowered
to issue a schedule of administrative fines. R. A. 9296 does not provide for a schedule of
criminal penalties.

Presently, the NMIS files criminal complaints, not for violation of R. A. 9296, but
of Article 18 of R. A. 7394, also known as the Consumer Act. The said article prohibits
the manufacture for sale, offer for sale, distribution in commerce or importation into the
Philippines of any consumer product that is not in conformity with an applicable
consumer product quality or safety standard.

However, the said law imposes a mere fine of not less than P1,000 but not more
than P10,000. Depending on the discretion of the court, an imprisonment of not less than
two months but not more than one year may also be imposed. Thus, usually, the persons
charged plea guilty, in exchange for the imposition of the penalty of fine only and
without imprisonment.

Moreover, the enumerated prohibited acts under R. A. 9296 are incomplete.
Under Section 48 to 54, the prohibited acts are non compliance with requirements for
slaughter of food animal, or meat or meat product preparation; sale and transport of
carcasses or parts thereof, meat or meat product without prior inspection; illegal printing


forging or counterfeiting of official certificates; absence of ante-
mortem inspection; interference in the conduct of inspection; and, importation without
veterinary quarantine clearance.

There is no specific prohibition for the sale, distribution, transport, storage of “hot
meat” or adulterated meat and meat products.

Finally, while R. A. 9296 prohibits the trading by the NMIS or deputized LGU
meat inspectors of meat and meat produets, there is no penalty if such persons conspire
with the “hot meat” dealer in selling or distributing his meat products.

Under this measure, R. A. 9296 is sought to be amended as follows:

= Asto the prohibited acts:

(© for the first offense to impose imprisonment of 6 months to | year,
and/or fine from P10,000 to P50,000 and 30 day suspension of NMIS
accreditation;

© for the second offense, imprisonment of | year to 6 years, and/or fine
from 50,000 to P100,000.00, and 60 day suspension of NMIS
accreditation;

© for the subsequent offenses, imprisonment from 6 to 12 years and/or
fine from no P100,000 to P500,000 and permanent revocation of the
NMIS accreditation;

= The act of selling, distributing, transporting and storing adulterated meat, meat
products, carcasses, or parts thereof, shall be penalized with 6 to 12 years
and/or fine from no P100,000 to P500,000 and permanent revocation of the
NMIS accreditation;

* A person whose NMIS accreditation has been revoked shall not be allowed to
be have new accreditation, whether under another name or as. proprietor,
partner, stockholder, officer or director of another entity;

= Any officer or employee of the NMIS, the deputized LGU, the Bureau of
Customs or any other public official, found guilty of being in conspiracy with
or abetting any person found guilty of violating any provision of this act, shall
suffer the same criminal penalties as the said person.

In these trying economic times, when even small discounts for basic needs would
entice consumers, even to the point of compromising their own health security,
despicable traders of these “hot meat” would thrive. There is thus an impeding need to
stop them.

This draft measure would go a long way in deterring these criminals. It is in this
view that the immediate passage of the bill is earnestly sought.

i


v

Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

SIXTEENTH CONGRESS
First Regular Session

194

House Bill No.

INTRODUCED BY REPRESENTATIVE ARTHUR C. YAP

AN ACT

PRESCRIBING HIGHER PENALTIES FOR THE SALE,
DISTRIBUTION, TRANSPORT AND STORAGE OF HOT MEAT,
AND OTHER ADULTERATED MEAT AND MEAT PRODUCTS,
CARCASSES OR PARTS THEREOF AND OTHER PROHIBITED
ACTS, AMENDING FOR THE PURPOSE PERTINENT SECTIONS
OF REPUBLIC ACT NO. 9296, OTHERWISE KNOWN AS THE
NATIONAL MEAT INSPECTION CODE, AND FOR OTHER
PURPOSES

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

SECTION 1. Short Title. — This Act shall be known as the “Anti Hot Meat Act
of 2013”.

SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State
to impose higher penalties to deter the sale, distribution, transport and storage of hot meat
and other adulterated meat and meat products, and to provide utmost the protection for
the consuming public.

SECTION 3. Amendment of the National Meat Inspection Code. ~ Section 56
of Republic Act No. 9296, otherwise known as the National Meat Inspection Code, is
hereby amended to read as follows:

Penalties and Sanctions
SECTION 56. Administrative Fines AND CRIMINAL
PENALTIES. — The Secretary, by way of regulation, shall issue a

schedule of administrative fines for violations of any provision of this Act.

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IN ADDITION TO THE ADMINISTRATIVE FINES, ANY

PERSON FOUND GUILTY OF VIOLATING ANY OF THE

PROVISIONS OF THIS ACT SHALL BE PUNISHED WITH:

a

FOR THE FIRST OFFENSE, IMPRISONMENT RANGING
FROM SIX (6) MONTHS TO ONE (1) YEAR, OR FINE
RANGING FROM TEN THOUSAND PESOS (P10,000.00) TO
FIFTY THOUSAND PESOS (P50,000.00), OR BOTH, AT THE
DISCRETION OF THE COURT, AND SUSPENSION OF NMIS

ACCREDITATION FOR A PERIOD OF THIRTY (30) DAYS;

. FOR THE SECOND OFFENSE, IMPRISONMENT RANGING

FROM ONE (1) YEAR AND ONE (1) DAY TO SIX (6) YEARS,
OR FINE RANGING FROM NO MORE THAN FIFTY
THOUSAND PESOS (P50,000.00) TO ONE HUNDRED
THOUSAND PESOS (P100,000.00), OR BOTH, AT THE
DISCRETION OF THE COURT, AND SUSPENSION OF NMIS.
ACCREDITATION FOR A PERIOD OF SIX (6) MONTHS;

- FOR THE THIRD AND SUBSEQUENT OFFENSES,

IMPRISONMENT RANGING FROM SIX (6) YEARS AND
ONE (1) DAY TO TWELVE (12) YEARS, OR FINE RANGING
FROM NO MORE THAN ONE HUNDRED THOUSAND
PESOS (P100,000.00) TO FIVE HUNDRED THOUSAND
PESOS (P500,000.00), OR BOTH, AT THE DISCRETION OF
THE COURT, AND PERMANENT REVOCATION OF THE
NMIS ACCREDITATION.

THE ACT OF SELLING, DISTRIBUTING, TRANSPORTING

AND STORING ADULTERATED MEAT, MEAT PRODUCTS,

CARCASSES, OR PARTS THEREOF, SHALL BE PENALIZED WITH

IMPRISONMENT RANGING FROM SIX (6) YEARS AND ONE (1)

DAY TO TWELVE (12) YEARS, OR FINE RANGING FROM NO


1 MORE THAN ONE HUNDRED THOUSAND PESOS (P 100,000.00) TO

2 FIVE HUNDRED THOUSAND PESOS (P500,000.00), OR BOTH, AT
3 THE DISCRETION OF THE COURT, AND PERMANENT
4 REVOCATION OF THE NMIS ACCREDITATION

5: IF THE ESTABLISHMENT IS A JURIDICAL PERSON, THE
6 PENALTY OF IMPRISONMENT SHALL BE IMPOSED AGAINST
7 THE RESPONSIBLE OFFICER.

8 A PERSON, NATURAL OR JURIDICAL, OR A PROPRIETOR,
o PARTNER, STOCKHOLDER, OFFICER OR DIRECTOR OF AN
10 ENTITY, WHOSE NMIS ACCREDITATION HAS BEEN REVOKED

W UNDER PARAGRAPH C HEREOF,

HALL NOT BE ALLOWED TO

12 BE GRANTED A NEW NMIS ACCREDITATION, WHETHER UNDER
13 ANY OTHER NAME OR AS PROPRIETOR, PARTNER,
14 STOCKHOLDER, OFFICER OR DIRECTOR OF ANY OTHER
15 ENTITY.

16 IN ADDITION TO VIOLATION OF THE PROVISIONS OF
17 REPUBLIC ACT NO. 3019, OR THE ANTI GRAFT AND CORRUPT
18 PRACTICES ACT, AS AMENDED, AND OTHER RELATED LAWS,
19 ANY OFFICER OR EMPLOYEE OF THE NMIS, THE DEPUTIZED
20 LOCAL GOVERNMENT UNIT, THE BUREAU OF CUSTOMS OR
21 ANY OTHER PUBLIC OFFICIAL, FOUND GUILTY OF BEING IN
22 CONSPIRACY WITH OR ABETTING ANY PERSON FOUND
2B GUILTY OF VIOLATING ANY PROVISION OF THIS ACT, SHALL
24 SUFFER THE SAME CRIMINAL PENALTIES AS THE SAID
25 PERSON.

26 SECTION 4. Separability Clause. - If any provision of this Act, or any parts

27 _ thereof, is declared unconstitutional, the same shall not affect the validity and effectivity

28 _ of the other portions.


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SECTION 5. Repealing Clause. - All laws, executive orders, presidential
decrees, proclamations, rules, regulations, issuances and enactments of parts thereof
inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 6. Effectivity. - This Act shall take effect fifteen (15) days from its
complete publication in the Official Gazette of in a newspaper of general circulation in

the Philippines, whichever comes earlier.

APPROVED.