REPUBLIC OF THE PHILIPPINES 
   HOUSE OF REPRESENTATIVES 
 19th CONGRESS  
    SECOND REGULAR SESSION 
    HOUSE BILL NO.  __________ 
  ________________________________________________________________ 
 INTRODUCED BY CIBAC PARTY LIST REPRESENTATIVE 
HON. EDUARDO “BRO EDDIE” C. VILLANUEVA 
_______________________________________________________________ 
AN ACT  
AMENDING REPUBLIC ACT NO. 10845, OTHERWISE KNOWN AS “ANTI-
AGRICULTURAL SMUGGLING ACT OF 2016” AND FOR OTHER PURPOSES 
EXPLANATORY NOTE 
Smuggling of agricultural products is tantamount to economic sabotage since its 
proliferation will cause material injury to local agricultural products and has been 
materially retarded the economic growth of the country. Agricultural smuggling has 
continued to plague and flood the Philippine markets to the detriment and unending 
suffering of our local farmers. It creates unfair competition for locally produced good 
that erodes the local market. 
Pursuant to the State policies to assure the economic security of local 
agricultural producers and consumers and by securing our local markets from the grave 
and destabilizing effects of the proliferation of smuggled basic agricultural commodities 
, this proposed measure seeks to amend Republic Act No. 10845 (or the “Anti-
Agricultural Smuggling Act of 2016”) to further increase the criminal penalties imposed 
on acts of large-scale agricultural smuggling to be defined in this proposed measure 
and all acts of manipulation and other forms of market abuse in the Philippines. The law 
(RA 10845) intended to go after and impose higher sanctions for large-scale smuggling 
of basic agricultural products to thwart economic sabotage and protect the livelihood 
and economic well-being of farmers failed to achieve its goal, as more than six  years 
since the passage of the law, agricultural smuggling is still growing rampant with no 
individual or group prosecuted despite several reports of seizure of smuggled products. 
To be precise, this proposed measure is also aimed to expand the list of agricultural 
products that which smuggling into the Philippines can be prosecuted under the law; to 
define (alongside large- scale agricultural smuggling) the acts of hoarding, profiteering 
or cartelizing, all acts of manipulating of basic agricultural commodities an as economic 
sabotage; to add to the presumptions of smuggling, hoarding, profiteering or cartelizing, 
economic sabotage; and to expand the number of agencies that can institute a case of 
economic sabotage under the law. 
September 4, 2023
4:35 pm
9033


That to put stronger teeth into this anti-smuggling push, by holding smugglers 
accountable as perpetrators of economic sabotage, who have continually evaded 
punishment at the expense of the livelihoods of Filipino farmers, would finally face the 
flame of the rule of the law by imposing them a penalty that commensurate to the damage 
caused by their actions, and that such amendments may deter others who may aspire 
to do the same act. 
In view of the foregoing, the immediate approval of this bill is earnestly sought. 
HON. EDUARDO “BRO EDDIE” C. VILLANUEVA 


REPUBLIC OF THE PHILIPPINES 
HOUSE OF REPRESENTATIVES 
19th CONGRESS  
SECOND REGULAR SESSION 
HOUSE BILL NO.  __________ 
INTRODUCED BY CIBAC PARTY LIST REPRESENTATIVE 
HON. EDUARDO “BRO. EDDIE” C.  VILLANUEVA 
AN ACT  
AMENDING 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 Philippines 
in Congress assembled: 
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, ALL ACTS OF MARKET MANIPULATION 
AS ECONOMIC SABOTAGE, PRESCRIBING PENALTIES THEREFORE AND FOR 
OTHER PURPOSES.” 
SECTION 2. Section 1 of Republic Act no. 10845 is hereby amended to read as: 
“Section 1. This Act shall be known as an act STRENGTHENING Anti-
Agricultural Smuggling Act of 2023 [2016].” 
SECTION 3. Section 2 of Republic Act No. 10845 is hereby amended to read as: 
“Section 2. Declaration of Policy. — It is the policy of the State to promote the 
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 affect the production, availability of supply and stability 
of process and food security of the State. 
THE 
STATE 
SHALL 
LIKEWISE 
PROMOTE 
AND 
ENSURE 
THE 
AFFORDABILITY OF AGRICULTURAL PRODUCTS AS PRIMARY AND BASIC 
COMMODITIES IN THE MARKET FOR EVERY FILIPINO BY PREVENTING 
LARGE-SCALE SMUGGLING, HOARDING, PROFITEERING, CARTELIZING, 
AND ALL ACTS OF MANIPULATION AND MARKET ABUSE OF PRICES THAT 
UNDULY RESTRAIN SUPPLY. 
9033


 
“The State shall impose stiffer sanctions for large-scale SMUGGLING OF 
AGRICULTURAL 
PRODUCTS 
THAT 
INCLUDES, 
HOARDING, 
PROFITEERING, CARTEL, AND ALL ACTS OF MARKET MANIPULATION 
MANIPULATING COMMITTED BY PUBLIC OFFICIALS OR EMPLOYEES IN 
CONNIVING, TOLERATING, OR CONSENTING TO THE DOING OF THE 
SUCH ACT, as a protective measures to shield our farmers from the manipulative 
scheme of economic saboteurs, and to protect and promote their livelihood and 
ensure their economic well-being as well as the consumers.” 
  
SECTION 4. Section 3 of Republic Act No. 10845 is hereby amended to read 
as: 
  
“SECTION 3. Large-Scale Agricultural Smuggling as Economic Sabotage. 
The crime of large-scale agricultural smuggling as economic sabotage, 
involving AGRICULTURAL COMMODITIES 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 (Pl0,000,000.00)], as valued by 
the Bureau of Customs (BOC), is committed through any of the following 
acts:  
 
 
(a)  XXX … 
 
 
(h) Acting as A broker, AGENT, FACIL ITATOR , F O R W A R D E R , 
O R WAREHOUSE LESSOR of the violating importer; 
 
(i) ABETTING, AIDING and CONNIVING OF A PUBLIC OFFICER OR   
EMPLOYEE WITH THE IMPORTER IN THE MISDECLARATION, 
MISCLASSIFICATION 
OR 
UNDER 
INVOICING 
OR 
UNDER 
DECLARATION OF VALUE OF AGRICULTURAL COMMODITIES 
PREJUDICIAL TO THE FARMERS LIVELIHOOD AND WELL BEING; 
  
(j) ALLOWING, GRANTING OR APPROVING IN HIS OR HER CAPACITY 
AS A PUBLIC OFFICER OR EMPLOYEE IN THE IMPORTATION OF 
AGRICULTURAL 
PRODUCTS 
WITHOUT 
V A L I D  
L I C E N S E T O IMPORT O R  E X P O R T  PERMIT FROM THE 
REGULATORY AGENCIES, WHETHER OR NOT THERE IS 
PECUNIARY INTEREST OR MATERIAL BENEFIT OR ADVANTAGE 
ON THE PART OF THE PUBLIC OFFICER OR EMPLOYEE; 
  
(k) APPROVING 
OR 
GRANTING 
ANY 
LICENSE, 
EXPORT 
DECLARATION, CLEARANCE OR PERMIT, KNOWING THAT THE 
SAME 
IS 
MANIFESTLY 
UNLAWFUL, 
INEQUITABLE 
OR 


IRREGULAR, WHETHER OR NOT THERE IS PECUNIARY 
INTEREST OR MATERIAL BENEFIT OR ADVANTAGE ON THE PART 
OF THE PUBLIC EMPLOYEE OR PUBLIC OFFICER; 
  
(l) ALLOWING THE USE OF A PRIVATE PORT, FISH PORT, FISH 
LANDING SITE, RESORT, AND/OR AIRPORT IN HIS OR HER 
CAPACITY 
AS 
A 
PUBLIC 
OFFICER 
OF 
EMPLOYEE 
TO 
PERPETUATE THE ECONOMIC SABOTAGE REGARDLESS OF 
QUANTITY. AGRICULTURAL COMMODITIES SHALL REFER TO 
RICE, SUGAR, CORN, PORK, POULTRY, BEEF, LAMB, GARLIC, 
ONION, 
CARROTS, 
CRUCIFEROUS 
VEGETABLES, 
FISH, 
CRUSTACEANS, OR SHELLFISH. 
  
SECTION 5. A new Section 3A shall be inserted after Section 3 of 
Republic Act. No. 10845 to read as: 
  
     “SECTION 
3-A. 
LARGE-SCALE 
AGRICULTURAL 
HOARDING, 
PROFITEERING, CARTELIZING MANIPULATING AS ECONOMIC 
SABOTAGE. HOARDING, PROFITEERING, OR CARTEL AS ECONOMIC 
SABOTAGE 
INSOFAR 
AS 
THEY 
INVOLVE 
AGRICULTURAL 
COMMODITIES 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), WITH A MINIMUM EXCISE TAX AND VAT 
PAYABLE IN THE AMOUNT OF ONE MILLION PESOS (P1,000,000.00), 
AS VALUED BY THE BUREAU OF CUSTOMS (BOC) FOR IMPORTS OR 
BY THE DEPARTMENT OF AGRICULTURE FOR DOMESTICALLY 
PRODUCED 
COMMODITIES 
IS 
COMMITTED 
THROUGH 
THE 
FOLLOWING ACTS: 
  
  
(A) HOARDING - UNDUE ACCUMULATION BY A PERSON OR 
COMBINATION 
OF 
PERSONS 
OF 
ANY 
AGRICULTURAL 
COMMODITY BEYOND HIS OR THEIR NORMAL INVENTORY 
LEVELS OR THE REASONABLE LIMITATION OR REFUSAL TO 
DISPOSE OF, SELL OR DISTRIBUTE THE STOCKS OF ANY 
AGRICULTURAL 
COMMODITY 
WITH 
THE 
INTENTION 
TO 
GENERATE PROFIT BY SELLING THE PRODUCT ONCE THE 
PRICE HAS INCREASSED PREJUDICIAL TO TO BOTH FARMERS 
AND CONSUMERS. THERE SHALL BE PRIMA FACIE EVIDENCE OF 
HOARDING 
WHEN 
A 
PERSON 
HAS 
STOCKS 
OF 
ANY 
AGRICULTURAL PRODUCT FIFTY PERCENT (50%) HIGHER THAN 
HIS USUAL INVENTORY AND UNREASONABLY LIMITS, REFUSES 
OR FAILS TO SELL THE SAME TO THE GENERAL PUBLIC AT THE 
TIME OF DISCOVERY OF THE EXCESS. THE DETERMINATION OF 
A PERSON'S USUAL INVENTORY SHALL BE RECKONED FROM 


THE THIRD MONTH IMMEDIATELY PRECEDING BEFORE THE 
DISCOVERY OF THE STOCKS IN CASE THE PERSON HAS BEEN 
ENGAGED IN THE BUSINESS FOR AT LEAST THREE (3) MONTHS; 
OTHERWISE, IT SHALL BE RECKONED FROM THE TIME HE 
STARTED HIS BUSINESS. 
  
(B) PROFITEERING - SALE OR OFFERING FOR SALE OF ANY 
AGRICULTURAL COMMODITY AT A PRICE GROSSLY IN EXCESS 
OF ITS TRUE WORTH. THERE SHALL BE PRIMA FACIE EVIDENCE 
OF PROFITEERING WHENEVER AN AGRICULTURAL COMMODITY 
SOLD: (A) HAS NO PRICE TAG, (B) IS MISREPRESENTED AS TO ITS 
WEIGHT OR MEASUREMENT; (C) IS ADULTERATED OR DILUTED; 
OR (D) WHENEVER A PERSON RAISES THE PRICE OF THE 
AGRICULTURAL COMMODITY OR TOBACCO HE SELLS OR 
OFFERS FOR SALE TO THE GENERAL PUBLIC BY MORE THAN TEN 
PERCENT (10%) OF ITS PRICE IN THE IMMEDIATELY PRECEDING 
MONTH. 
  
(C) CARTELIZING - ANY COMBINATION 
OF OR AGREEMENT 
BETWEEN TWO (2) OR MORE PERSONS ENGAGED IN THE 
PRODUCTION, 
MANUFACTURE, 
PROCESSING, 
STORAGE, 
SUPPLY, DISTRIBUTION, MARKETING, SALE OR DISPOSITION OF 
AGRICULTURAL PRODUCTS DESIGNED TO ARTIFICIALLY AND 
UNREASONABLY INCREASE OR MANIPULATE ITS PRICE. THERE 
SHALL BE PRIMA FACIE EVIDENCE OF ENGAGING IN A CARTEL 
WHENEVER TWO (2) OR MORE PERSONS OR BUSINESS 
ENTERPRISES COMPETING FOR THE SAME MARKET AND 
DEALING IN THE SAME AGRICULTURAL COMMODITY OR 
BUSINESS 
ENTERPRISES 
ANCILLIARY 
TO 
THE 
IMPORT 
TRANSACTION, PERFORM UNIFORM OR COMPLEMENTARY ACTS 
AMONG THEMSELVES WHICH TEND TO BRING ABOUT ARTIFICIAL 
AND 
UNREASONABLE 
INCREASE 
IN 
THE 
PRICE 
OF 
AGRICULTURAL COMMODITY OR TOBACCO PRODUCT WHEN 
THEY 
SIMULTANEOUSLY 
AND 
UNREASONABLY 
INCREASE 
PRICES ON THEIR COMPETING PRODUCTS THEREBY LESSENING 
COMPETITION AMONG THEMSELVES.” 
 
SECTION 5. Section 4 of Republic Act 10845 is hereby amended to 
read as: “Section 4. Penalties. – 
 
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 PLUS INTEREST AT THE 


PREVAILING LEGAL RATE shall be imposed on any person who commits 
any of the acts enumerated under Section 3 AND 3-A of this Act. 
  
(a) The penalty of imprisonment of not less than TWENTY (20) [seventeen 
(17)] years but not more than FORTY (40) [twenty (20)] years, and a fine 
of twice the fair value of the smuggled, HOARDED, PROFITEERED, OR 
CARTELLED agricultural product and the aggregate amount of the taxes, 
duties and other charges avoided PLUS INTEREST AT THE 
PREVAILING LEGAL RATE shall be imposed on ANY PERSON OR the 
officers of [dummy] corporations, [non-government organizations, 
associations, cooperatives, or single proprietorship] who knowingly sell, 
lend, lease, assign, consent or allow the unauthorized use of their import 
permits for purposes of smuggling, HOARDING, PROFITEERING, 
CARTELIZING, MANIPULATING. 
  
(b) The penalty of imprisonment of not less than SEVENTEEN (17) [fourteen 
(14)] years but not more than THIRTY (30) [seventeen (17)] years, and a 
fine of twice the fair value of the smuggled, HOARDED, 
PROFITEERED, OR CARTELLED agricultural product and the 
aggregate amount of the taxes, duties and other charges avoided PLUS 
INTEREST AT THE PREVAILING LEGAL RATE shall be imposed on 
the following: 
  
(1) The registered owner and its lessee or charterer, in case of lease, of 
a chartered boat, motorized commercial vessel [of more than three 
(3) gross tonnage], who knowingly transports the agricultural 
product subject to economic sabotage, regardless of quantity; 
 
(2) The registered owner and its lessee, in case of lease, of [six (6) 
or more wheeler] trucks, vans and other means of transportation, 
who knowingly transports the agricultural product subject to 
economic sabotage, regardless of quantity; 
 
(3) The registered owner and lessee of a warehouse, or any property, 
who 
knowingly 
stores 
the 
smuggled, 
HOARDED, 
PROFITEERED, 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. 
  
(c) The penalty of imprisonment of not less than twelve (12) years but not 


more than fourteen (14) years, and a fine of twice the fair value of the 
smuggled, agricultural product and the aggregate amount of the taxes, 
duties and other charges avoided shall be imposed on the following: 
  
(1) The registered owner and its lessee or charterer, in case of lease, of 
a chartered boat, motorized commercial vessel of three (3) gross 
tonnage or less, who knowingly transports the agricultural product 
subject to economic sabotage, regardless of quantity; or 
 
(2) The registered owner and its lessee, in case of lease, of less than six 
(6) wheeler trucks, vans and other means of transportation, who 
knowingly transports the agricultural product subject to economic 
sabotage, regardless of quantity.] 
  
      In all cases, the smuggled, HOARDED, PROFITEERED, OR CARTELED 
AGRICULTURAL COMMODITIES shall be confiscated, and the property used 
in agricultural smuggling, consistent with Section 2530 of the Tariff and Customs 
Code and without prejudice to Section 253 l of the same Code, shall be forfeited 
in favor of the government. 
  
X X X 
  
     If the offender is a {government] PUBLIC official or employee, the penalty 
shall be the maximum as hereinabove prescribed and the offender shall suffer 
an additional penalty of perpetual ABSOLUTE disqualification from public 
office, to vote and to participate in any public election. 
  
SECTION 6. Section 5 of Republic Act. No. 10845 is hereby amended 
to read as: 
  
“Section 5. Presumption of Agricultural Smuggling, HOARDING, 
PROFITEERING, OR CARTELIZING. — Mere possession of [rice or] any 
agricultural COMMODITY COVERED BY this Act, which has been the subject 
of smuggling, HOARDING, PROFITEERING, OR CARTELIZING, [entered into 
the Philippines other than the BOC controlled ports or without the necessary 
permits] shall be prima facie evidence of smuggling, HOARDING, 
PROFITEERING, OR CARTELIZING. 
  
      ANY PUBLIC OFFICER OR EMPLOYEE WHOSE NAME, SIGNATURE 
OR INITIALS APPEAR ON THE IMPORT DOCUMENTS, CUSTOMS 
CLEARANCES, OR OTHER DOCUMENTS, OR WHOSE OFFICE IS 
PRIMARILY RESPONSIBLE FOR THE RELEASE OF THE SHIPMENTS, 
USED IN THE COMMISSION OF THE CRIMES UNDER THIS ACT SHALL 
CONSTITUTE PRIMA FACIE EVIDENCE OF PARTICIPATING IN LARGE- 
SCALE SMUGGLING, HOARDING, PROFITEERING, OR CARTELIZING.” 
  


SECTION 7. A new section, Section 6, shall be inserted after Section 5 of 
Republic Act. No. 10845 to read as: 
  
      “SECTION 6. INSTITUTION AND PROSECUTION OF CRIMINAL AND 
CIVIL PROCEEDINGS. - ANY CIVIL AND CRIMINAL ACTION ARISING FROM 
THE VIOLATION OF THIS ACT SHALL BE INSTITUTED BY THE BUREAU OF 
CUSTOMS (BOC), NATIONAL BUREAU OF INVESTIGATION (NBI), OFFICE OF 
THE SOLICITOR GENERAL OSG), OR DEPARTMENT OF AGRICULTURE (DA). 
  
     CIVIL AND CRIMINAL ACTIONS AND PROCEEDINGS INSTITUTED 
UNDER THE AUTHORITY OF THIS ACT SHALL BE BROUGHT IN THE 
NAME OF THE GOVERNMENT OF THE PHILIPPINES AND SHALL BE 
PROSECUTED AND HANDLED BY THE INSTITUTING AGENCY WITH 
THE ASSISTANCE OF THE DEPARTMENT OF JUSTICE (DOJ): 
PROVIDED, THAT THE DETERMINATION OF THE EXISTENCE OF 
PROBABLE CAUSE AND THE SUBSEQUENT FILING OF ANY CRIMINAL 
OR CIVIL CASE WITH THE PROPER COURT AGAINST VIOLATORS OF 
THIS ACT SHALL EXCLUSIVELY BELONG TO THE DOJ. ” 
  
SECTION 8. Section 7 of Republic Act No. 10845 is hereby renumbered 
and amended to read as: 
  
“Section 8. Prescription of Crimes. — The crimes punishable under this 
Act shall prescribe in twenty (20) years.” 
  
SECTION 9. Implementing Rules and Regulations. — The Bureau of 
Customs, the Department of Trade and Industry, the Department of 
Agriculture, AND THE DEPARTMENT OF JUSTICE, in consultation with 
concerned agencies, shall promulgate the implementing rules and regulations 
of this Act within thirty (30) days upon its effectivity. 
  
     SECTION 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. 
  
     SECTION 11. Repealing Clause. — All laws, decrees, executive 
issuances, rules, and regulations inconsistent with this Act are hereby repealed 
and/or modified accordingly. 
  
     SECTION 12. Effectivity Clause. — This Act shall take effect after fifteen 
(15) days following its publication in the Official Gazette or in two (2) 
newspapers of general circulation. 
  
   Approved,