Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HouseBfllNoj76S.
Introduced by Rep. ANGEI.O MARCOS RARBA
2nd District, Ilocos Norte
EXPIAANAIORY NOTE
The  act  of  smuggling  agricultural  products  is  said  to  be  an
unending  torturel  for  Filipinos.  It  rampantly  persists  which  highly
subverts   the   productivity   and   effort   of  Filipino   farmers,   causes
reduction  in  government  revenues  in  the  form  of unpaid  dues  and
taxes,2  and  further  cripples  consumers.  As  a  result,  Filipinos,  from
farmers to households, have resorted to make substantial adjustments
due  to  irrational  alterations  brought  by  agricultural  smuggling.  To
counter this, Republic Act No.  1o845 (R.A. No.  1o845), also known as
the Anti-Agricultural Smuggling Act of 2ol6, was promulgated.
However,  a  few  years  after  the  law  was  enacted,  agricultural
smuggling remains  apparent to the detriment of Filipinos.  Early this
year,   the   Department  of  Agriculture   (DA),  together  with  partner
agencies,  has  seized  P2o2.5  million  worth  of  smuggled  agri-fishery
products. 3  Additionally,  smuggled  agricultural  products  continue  to
enter the country unabated. Moreover, smugglers, hoarders, and cartels
continue their illegal operations because there are no clear intentions in
taking legal action against these acts and ultimately trying these cases of
economic sabotage.
In view of the foregoing, it is deemed necessary that there shall be
a measure enacting the creation of Anti-Agricultural Smuggling Courts.
•_Pe.Iape.R.a.,K.!2P31:9_a:oper5|.Agriculturalsmuggling:AnunendingtortureforpHfarmers.Inqu.irer.
Retrieved March 13, 2023, from
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[Press release]. Retrieved March 13, 2023, from
#::::===-S_tFe=Bb%=Dryh!.F[)FS$2E£5`.e5a##o3it2h3/o°ifLs°m6ugBaa:=£=::==±as=ryprodudsseizedinManilapoitin
/onuory. Inquirer. Retrieved March 15, 2023, from
:==:;::=;;;wsinfo.inquirer.net/1729509/D202-5m-worth-of-smufflled-aEri-fishery-oroducts-seized-in-manil_aLrm


2
The   Anti-Agricultural   Smuggling   Courts   are   special   courts
designated    to    prosecute    cases    involving    smuggling,    hoarding,
profiteering,   and   cartel   and   likewise   guarantee   that   individuals,
organizations,  and  entities  engaged  in  such  illegal  actions  are  held
accountable.  To  the  extent  possible,  such  Courts  shall  be  tasked  to
ensure the imposition of penalties and legal sanctions for those who are
liable under our laws on economic sabotage and agricultural smuggling.
Towards  this  end,  the  creation  of Anti-Agricultural  Smuggling
Courts is an intensified effort in curbing the entry of illegal products,
such as smuggled agricultural commodities, in the country.
In view of the foregoing,  the  immediate  passage  of this bill is
earnestly sought.
AVGE


3
Republic of the Philippines
HOUSE OF REPRESE.NTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HouseBfl|No.f766
Introduced by Rep. ANGELO MARCOS BARBA
2nd District, Ilocos Norte
ANAor
ESTABLISHINGANTI-AGRICUIJTURALSMUGGLINGCOURTS,
GRANTING THEM ExCLuSIVE ORIGINAL guRISDIcrloN OVER
CASES INVoLVING AGRICUI/ruRAL PRODUcrs,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES
Pe i.I  enpct_ed by  the  Senql_e _cnd the  House  Of Represenlc[tives Of the
Philippines in Congress asse:mbled:
SEcrloN   1.   Short   TI.tie.   -   This   Act   shall   be   known   as   the
"Anti-Agricultural Smuggling Courts Act of 2o23."
SEorloN 2. Dec!aran.on o/Poll.cu.  -   It is the polity of the State to
protect  farmers,  consumers,  and  the  general  public  from  illicit  trade  of
agricultural products. It is likewise the policy of the State to ensure the efforts
of farmers and agricultural industry to succeed and thrive, and to guarantee
the health and safety of the consumers.
To uphold this duty, the State shall prosecute economic saboteurs, illicit
traders, illegal importers, and smugglers through a court that will provide fair,
impartial, and speedy disposition of economic sabotage cases.
SmFT:`rony  3.  Es|aplishmen| Of AnFAg_rioultural Smuggling  Courts.-
There is hereby created an Anti-Agricultural Smuggling Court that will try
cases   pertaining   to   smuggling,   hoarding,   profiteering,   and   cartel   of
agricultural products, which shall be of the same level as the Sandiganbayan
and the Court of Appeals, possessing all the inherent powers of a Court of
Justice, and shall consist of four (4) Divisions composed of three (3) Justices
each for the National Capital Region (NCR), Bulacan, Cebu, and Davao.
SECI`ION 4. Jun.sdi.ctfon. - The Anti-Agricultural Smuggling Cout shall
haveexclusiveoriginaljurisdictiononcasesinvolving:
(a)All  violations   of  Republic  Act   No.   1o845   (R.A.   No.   1o845),
otherwise known as the Anti-Agricultural Smuggling Act of 2ol6,
including  those  made  by  a  Public  Officer,  whether  he  be  the
principal accused, an accomplice, or merely an accessory;


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a)Over search  and seizure of any object or person to be  done by
appropriate law enforcement agencies with respect to smuggling,
hoarding, profiteering, and cartel of agricultural products; and
(c) All cases involving smuggling, hoarding, profiteering, and cartel of
agricultural products.
SHCTI:0" 5. Qualif ecation c[nd Compemsahon Of Justices. -
(1) The Justices of the Anti-Agricultural Smuggling Court shall possess
the same qualifications, rank, category, salary, emoluments and other
privileges, be subject to the same inhibitions and disqualifications, and
enjoy  the  same  retirement  benefits  as  those  provided  for  under
existing laws for Associate Justices of Sandiganbayan and Court of
Appeals.
(2) The Justices shall be appointed by the President from a list prepared
and nominated by the Judicial and Bar Council (JBC).
SEcrl0N 6. Tenure. - The Anti-Agricultural Smuggling Court Justices
shallbeappointedtoserveingoodbehavioruntiltheageofseventy(7o)years,
or become incapacitated to discharge the duties of their office, unless sooner
removed for the same causes and in the same manner provided by law for
Associate Justices of Sandiganbayan and Court of Appeals.
SECIION 7. Appeals.  -  Decision and orders  of the Anti-Agricultural
Smuggling Court shall be appealed to the Supreme Court.
SECITON  8.  Specrdz  Procedure.  -  The  Anti-Agricultural  Smuggling
Courts that will try cases pertaining to smuggling, hoarding, profiteering, and
cartel  of agricultural  products,  shall be governed by such  special  rules  of
procedure as the Supreme Court may promulgate.
SECI'I0N 9. Admi.7iistran.I/e Personnel. - Upon the recommendation of
the Anti-Agricultural  Smuggling Court, the Supreme Cout may designate,
from among the officers and employees under it, or appoint the personnel
necessary for the administration of the Anti-Agricultural Smuggling Court;
Proui.did, hottJet;er, That those merely designated shall not receive additional
compensation,   except  per  diems,  traveling,   and  necessary  expenses  in
accordance with existing laws and rules.
The  Supreme  Court  shall  appoint  one  (1)  Clerk  of  Court  for  each
Anti-Agricultural  Smuggling Court.  The Clerks of Court so appointed shall
have the same qualifications, rank, category, salary, emolunents, and other
privileges, be subject to the same inhibitions and disqualifications, and enjoy
the same retirement benefits, as those provided for under existing laws for
ClerksofCourtoftheSandiganbayanorCoutofAppeals.
SEcmoIN lo. Appropr..atfous. - The amount necessary to carry out the
provisions of this Act shall be included in the General Appropriations Act Of
the year following its enactment into law and thereafter.


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S_HFT±`Opr  11.`  Imp.Iementing  Rule_s  and _Regulations.  -"e  Supreme
Court shall formulate the necessary rules and regulations for the effective
implementation of this Act.
SECTION 12. Transi.torty Prouisi.ons. - All cases involving violations of
R.A. No. 1o845 pending the establishment of the Anti-Agricultural Smuggling
Courts shall stay at the court where it is tried.
SEcrl0N 13. Separabzlz.fry Clause. - In case any provision of this Act is
declared unconstitutional, the other provisions shall remain in effect.
SECI`ION 14. Repeaz1.Jlg Czause.  - AIl laws, decrees, orders, rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.
SEcrl0N 15. Ejrecft.I;t.fry.  - This Act shall take effect fifteen (15) days
after its publication in the O#cia! Gazette or in at least two (2) newspapers of
general circulation.
Approved,