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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session
House Bill No,__4930

Introduced by Rep. BERNADETTE “BH” HERRERA-DY

EXPLANATORY NOTE

In our version, we introduce a comprehensive definition of the crime
of unlawfully distributing botcha, double-dead meat, in all its forms, modes of
transmission, and variations or derivatives. We propose increasing the penalties
of the distribution and sale of botcho in light of the escalation of abuses,
through syndication and otherwise, of proprietors who capitalize on the
institutional weaknesses of our importation processes and who increasingly
exploit growing market demand of botcha in the Philippines.

Botcha is double-dead meat, or meat taken from an animal that has
died of a disease. The appropriate method of dealing with such diseased and
contaminated carcasses is disposal by burial, burning, or other allowable forms
of destruction without compromising health and safety. We notice that under
current scenarios, double-dead meat passes surreptitiously through meat
inspection processes — even through formal government channels —
individually, wholesale, or retail, to avoid business losses which the proprietor
would otherwise incur had he complied with the appropriate, if not mandatory,
process of burning, burying, or otherwise disposing or destroying these
diseased carcasses. We note that the crime is increasingly perpetrated on
a cross-border scale, forming an organized but illicit trade between and among
businesses in China, Taiwan, Australia, and other neighboring countries, because
these entrepreneurs know fully well, and thus take advantage, of the lax (and
perceptively corrupt) importation requirements and approval processes under
customs and domestic meat inspection systems, and seek to capitalize on an
unmistakable emerging but illicit market demand in the Philippines. Hence, this
measure.

In view of the foregoing, we respectfully submit and seek the immediate
passage of this measure

BERNADETTE HERRERA-DY

Se ‘REPRESS
Ke
RECEIVED


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4930

House Bill No.

Introduced by Rep. BERNADETTE “BH” HERRERA-DY

AN ACT DECLARING AND DEFINING THE CRIME OF DISTRIBUTING "BOTCHA,"
"DOUBLE-DEAD MEAT," OR ANY MEAT TAKEN FROM ANY FOOD ANIMAL THAT HAS
DIED OF DISEASE, AS A CRIMMAL OFFENSE, AMENDING FOR THIS PURPOSE
REPUBLIC ACT NO. 9296, OTHERWISE KNOWN AS "THE MEAT INSPECTION CODE OF
THE PHILIPPINES" AND FOR OTHER PURPOSES

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

SECTION 1. Section 48, Ch. XII (Prohibited Acts) of Republic Act No. 9296,
otherwise known as “The Meat Inspection Code of the Philippines," is
hereby amended in part by adding a subsection to be captioned as Section
48(e), to read as follows:

“Section 48. Prohibited Acts. - No person, firm or corporation shall:

e) import, possess or store for purposes of distribution,
transport, sell, exchange, barter, or distribute, whether for
profit or for ostensibly nonprofit purposes, “double-dead”
meat, "botcha,” or any meat taken from any food Animal that
has died of disease, regardless of whether such meat has
previously passed ostensibly as Fresh Meat or has previously
been cleared inspection processes, custom duties, and other
national or local inspection and approval, which meat can
cause illness of any degree and form to humans, lethal
or non-lethal, endemic or non-endemic, or which can
otherwise spread such diseases to humans or society at
large, regardless of whether such meat is actually consumed,
kept, or handled in any manner, including meat infested with
foot and mouth disease (FMD), ill-quarantined meat or m
products, and meat derived from carcasses which otherwise



ought to be disposed by burial, burning, or by appropriate
methods of destruction under existing laws, and rules and
regulations.”

SEC. 2. Section 56 ("Administrative Fines") of Chapter XIV of the same
Act ("Penalties and Sanctions") is likewise substituted and amended in its
entirety, to henceforth read as follows:

"Section 56. Criminal and Administrative Liability. Any
person, natural or juridical, foreign or domestic, found to have
violated any ofthe provisions of this Act shall be subject
to the penalty of imprisonment for a period of not less
than six (6) months but not exceeding one (1) year, and a fine
of not less than two-hundred fifty thousand pesos (P250,000.00)
but not exceeding two million pesos (P2,000,000.00). If the
violator is a juridical entity as defined under Philippine laws,
or defined under the laws of its home state or placels of
business, including its representatives, agents, or offices
wherever situated, the penalty shall be imposed upon any
person or officer thereof who knows or ought to have
known the commission or existence of the violation of the
provisions of this Act. Any person, natural or juridical, foreign
or domestic, who/which assists, cooperates, or conspires in the
commission of violations as defined in this Act shall be subject
to the graduated penalties based on the aforementioned
penalties, taking into consideration their participation and
culpability under the regime of the Revised Penal Code.

The Secretary, by way of regulation, shall issue a
schedule of administrative fines for the violation of any provision
of this Act. Whenthe Secretary finds, motu propio or upon
complaint, that a person, natural or juridical, holding a license
to operate business, has violated any of the provisions of this
Act, the Secretary is hereby authorized torevoke such license/s
to oper business after notice and hearing, which
proceeding shall be summary in nature, except in instances
where the continued operation of such business causes
imminent danger to public health in which case the Secretary
may immediately revoke such license, subject to subsequent
hearing.

In determining imposable penalty/ies, the Court,
Secretary, or appropriate agency shall take into consider the
nature and extent of the business, its market reach, and the
extent to which it is syndicated or organized in its conduct of
illegal operations both foreign and domestic.


SEC. 3. Severability Clause. — In the event that any provision of this
Act isdeclared unconstitutional, invalid, or illegal, the constitutionality, validity, or
legality of the remainder of the provisions of this Act shall not be affected
thereby.

SEC. 4. Repealing Clause. All laws, presidential decrees, letters of
instructions, executive orders, administrative orders, rules, regulations, and other
issuances or parts thereof which are contrary to or inconsistent with the provisions
of this Act are hereby revoked, repealed or modified accordingly.

SEC. 5. Effectivity. This Act shall take effect fifteen (15) days following the
completion of its publication in the Official Gazette or in at least two (2)
newspapers of general circulation.

Approved,