THIRTEENTH CONGRESS OF THE REPUBLIC ) 
-1 
A9:35 
OF THEPHILPPINES 
) 
First Regular Session 
1 
S E N A T E  
11 
S. B. No. 
Introduced by Senator JUAN POMCE ENRILE 
EXPLANATORY NOTE 
Our people have been victims to big business. It behooves the Senate to provide 
protection to our people against price manipulators. 
In a volatile economic situation such as that which we are experiencing now, it is 
not very difficult to imagine how artificial prices in one or two commodities is able to 
directly or indirectly raise the prices of related goods and services. 
In Article XII, Section 19, our Constitution provides: . 
“Section 19. 
The State shall regulate or prohibit 
monopolies when the public interest so requires. No combinations 
in restraint of trade or unfair competition shall be allowed.” 
As proof of the importance of this Constitutional mandate, Section 22 of the same 
article encourages the promulgation of legislation that would impose civil and criminal 
sanctions against those who circumvent or negate this principle. Hence, Section 22 of the 
Constitution provides: 
“Section 22. Acts which circumvent or negate any of the 
provisions of this Article shall be considered inimical to the 
national interest and subject to criminal and civil sanctions, as may 
be provided by law.” 
Although previous legislations have been passed pursuant to this Constitutional 
mandate, the increased deviousness and complexity of schemes in perpetuating 
monopolies in the free market landscape necessitates an equally sophisticated legislation 
that would effectively address this concern. 
Generally, this bill penalizes combinations or conspiracies in restraint of trade and 
all forms of artificial machinations that will injure, destroy or prevent fi-ee market 
competition. 
For,these reasons, the passage of this bill is earnestly recommended. 


THIRTEENTH CONGRESS OF THE REPUl3LIC ) 
OF THEPHILIPPINES 
1 
First Regular Session 
1 
S E N A T E  
S. B. No. 
11 
. ...’ 
Introduced by Senator JUAN PONCE ENRILE 
AN ACT 
PROHlBIllRyG MONOPOLIES, ATTEMPT TO MONOPOLIZE AN INDUSTRY 
OR 
LINE 
OF 
COMMERCE, 
MNW€”IPATU)N 
OF 
PRICES 
OF 
COMMODITIES, 
ASSET 
ACQUISITION 
AND 
INTERLOCKt6fG 
MEMBEIRSHlPS IN THE BOARD OF DIRECTORS OF COMPETING 
CORPORATE 
BODIES 
AND 
PRICE 
DISCRIMINATION 
AMONG 
CUSTOMERS, PROVIDING PENALTIES THEREFORE, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Title. - This A& shall be known and cited as the “Philippine Anti- 
Trust Act.” 
SECTION 2. Definition of “Person” or “Persons”. - The word “person” or 
“persons”, whenever used in this Acty shall be deemed to include not only individual or 
individuals but also corporations, partaerships, and associations existing under or 
authorized by the laws of the Philippines or by the laws of any foreign country. 
SECTION 3. 
Agreements, Contracts, Combinations, or Conspiracies in 
Restraint of Trade and Price Manipulation. - Every agreement or contract, combination 
in the form of trust or otherwise, or conspiracy, expressed or implied, in restraint of trade 
or commerce inside the country or with foreign nations or foreign territories, are hereby 
declared illegal and, therefore, it shall be unlawful for any person to enter in, or to make, 
or to be a party to any such contract or combination or conspiracy, and any such person 
p‘ 
2 


shall be deemed guilty of an offense: Provided, That nothing herein contained shall 
render illegal, any agreement or contract prescribing minimum prices for the resale of a 
commodity which bears or the label or container of which bears, the trademark, brand, or 
name of the producer or distributor of such commodity and which is in free and open 
competition with commodities of the same general class produced or distributed by 
others: Provided, further, That the preceding proviso shall not make lawful any 
agreement or contract, combination or conspiracy providing for the establishment or 
maintenance of minimum resale prices on any commodity herein involved, between 
manufacturers, or between producers, or between wholesalers, or between brokers, or 
between factors, or between retailer, or between persons, firms, or corporations in 
competition with each other. 
SECTION 4. Monopoly or Attempt to Monopolize. - It shall be unlawfbl for 
any person to monopolize, or attempt to monopolize, or to combine or conspire, expressly 
or impliedly, with any other person or persons, to monopolize any part of the trade or 
commerce within the country, or with any foreign country or territory, and any such 
person shall be guilty of an offense. Provided, That nothing contained in this Act shall 
render unlawful the right of a patent holder or a copyright holder to enjoy the benefit of 
his or its patent or copyright duly registered in the Philippines or in any foreign country 
with which the Philippines is a co-signatory to any treaty or convention that protects 
rights to an invention patent or to a copyright, as the case may be. 
SECTION 5. Mce Discriminatioa - (A) It shall be unlawfbl for any person 
engaged in commerce, in the course of such commerce, either directly or indirectly, to 
discriminate in price between different purchasers of commodities of like grade and 
quality, where either or any of the purchasers involved in such discrimination are in 
commerce, where such commodities are sold for use, consumption, or resale within the 
Philippines, and where the effect of such discrimination may be substantially to lessen 
competition or tend to create a monopoly in any line of commerce, or to injure, destroy, 
3 


or prevent competition with any person who either grants or knowingly receives the 
benefit of such discrimination, or with customers of either of them: Provided, That 
nothing herein contained shall prevent differentials which make only due allowance for 
diHerences in the cost of manufacture, sale, or delivery resulting fiom the differing 
method or quantities in which such commodities are to such purchasers sold or 
delivered: Provided, however, That the Secretary of the Department of Trade and 
Industry in the case of non-agricultural commodities and the Secretary of the Department 
of Agriculture in the case of agricultural commodities may, after due notice, investigation 
and hearing to all interested parties, fix and establish quantity limits, and revise the same 
as the Secretary concerned finds necessary, as to particular commodities or classes of 
commodities, where such Secretary finds that available purchasers in greater quantities 
are so few as to render differentials on account thereof unjustly discriminatory or 
promotive of monopoly in any line of commerce within the jurisdiction of his 
Department; and the foregoing shall not be construed to permit differentials based on 
differences in quantities greater than those so fixed and established: Provided, Jirrther, 
That nothing herein contained shall prevent persons engaged in selling goods, wares, or 
merchandise in commerce from selecting their own customers in bona fide transactions 
and not in restraint of trade: And ProviAd fiml&, That nothing herein contained shall 
prevent price changes from time to time in response to changing conditions affecting the 
market for or the marketability of the goods concerned, such as but not limited to actual 
or imminent deterioration of perishable goods, obsolescence of seasonal goods, distress 
sales under court process, or sales in good faith in discontinuance of business in the 
goods concerned. 
(l3) 
It shall be unlawful for any person engaged in commerce, in the course of 
such commerce, to pay or grant, or to receive cx accept, anything of value as a 
commission, brokerage, or other compensation, or any allowance or discount in lieu 
thereof, except for services rendered in connection with the sale or purchase of goods , 
wares, or merchandise, either to the other party to such transaction or to an agent, 
representative, or other intermediary therein where such intermediary is acting in fact for 
4 .  


or in behalf, or is subject to the direct or indirect control, of any party to such transaction 
other than the person by whom such compensation is so granted or paid. 
(C) 
It shall be unlawful for any person engaged in commerce to pay or 
contract for the payment of anything of value to or for the benefit of a customer of such 
person in the course of such as compensation or in consideration for any services or 
facilities hrnished by or through such customer in connection with the processing, 
handling, sale, or offering for sale of any products or commodities manufactured, sold, or 
offered for sale by such person, unless such payment or consideration is available on 
proportionally equal terms to all other customers competing in the distribution of such 
products or commodities. 
@> 
It shall be unlawful for any person to discriniinate in favor of one 
purchaser against another purchaser or purchasers of a commodity bought for resale, with 
or without processing, by contracting to &rnish or hishing, or by contributing to the 
furnishing of, any services or facilities connected with the processing, handling, sale, or 
offering for sale of such commodity so purchased upon terms not accorded to all 
purchasers on proportionally equal terms. 
(E) 
It shall be unlawfbl for any person engaged in commerce, in the course of 
such commerce, knowingly to induce or receive a discrimination in price which is 
prohibited by this Section. 
(F) 
Upon proof being made, at any hearing on a complaint under this Section, 
that there has been discrimination in price or services or facilities furnished, the burden of 
rebutting the prima-facie case thus made by showing justification shall be upon the 
person charged with a violation of this Section, and unless justification shall be 
aflirmatively shown, the Secretary concerned is authorized to issue an order terminating 
the discrimination: Provided, however, That nothing herein contained shall prevent a 
seller rebutting the prima-facie case thus made by showing that his lower price or the 
furnishing of services or facilities to any purchaser or purchasers was made in good faith 
to meet an equally low price of a competitor, or the services or facilities krnished by a 
competitor. 
5 


SECTION 6. Prohibited StipIclati'ons in Lease or Sales Contracts - It shall be 
unlawful for any person engaged in commerce, in the course of such commerce, to lease 
or make a sale or contract for the sale ofgoods, wares, merchandise, machinery, supplies, 
or other commodities, whether patented or unpatented, for use, consumption, or resale 
within the Philippines, or fix a price charged therefore, or discount fiom, or rebate upon, 
such price, on the condition, agreement, or understanding that the lessee or purchaser 
thereof shall not use or deal in the goods, wares, merchandise, machinery, supplies, or 
other commodities of a competitor or competitors of the lessor or seller, where the effect 
of such lease, sale, or contract for sale or such condition, agreement, or understanding 
may be to lessen competition or tend to create a monopoly in any line of commerce. 
SECTION 7. Prohibited Stock or Asset Acquisition. - No person engaged in 
commerce or in any activity affecting commerce shall acquire, directly or indirectly, the 
whole or any part of the stock or other share-capital or the whole or any part of the assets 
of another person engaged also in commerce or in any activity affecting commerce, 
where in any line of commerce in any activity affecting commerce in the country or in 
any part of the country, the effect of such acquisition may be substantially to lessen 
competition or tend to create a monopoly. 
SECTION 8. 
Prohibited Grant of Proxies or voting Rights. - No person shall 
acquire, directly or indirectly, the whole or any part of the stock or other share capital, 
nor shall any person acquire the whole or any part of the assets of one or more persons 
engaged in commerce or in any activity affecting commerce, where in any line of 
commerce in any activity affecting commerce in the country or in any part of the 
country, the effect of acquisition of such stock or assets, or of the use of such stock by 
the voting or granting of proxies or otherwise, may be substantially to lessen competition, 
or tend to create a monopoly. This Section shall not apply to persons purchasing such 
stock solely for investment and not using the same by voting or otherwise to bring about, 
or in attempting to bring about, the substantial lessening of competition. Nor shall 
6 


anything contained in this Section prevent a corporation engaged in commerce or in any 
activity affecting commerce fiom causing the formation of subsidiary corporations for the 
actual carrying on of their immediate lawful business, or the natural and legitimate 
branches or extension thereof, or fkom owning and holding all or part of the stock of 
such subsidiary corporations, when the effect of such formation is not to substantially 
lessen competition. 
Nothing contained in this Section shall be held to affect impair any right 
heretofore legally acquired: Provided, That nothing this Section 8 shall be held or 
construed to authorize or make anything heretofore prohibited or made illegal by any 
anti-trust law of the Philippines, particularly Article 186 of the Revised Penal Code of the 
Philippines, fior exempt any person from the penal provisions thereof or the civil 
remedies provided therefore, if any. 
Section 9. Prohibited Board Memberships in Two or More Corporations. - No 
person shall be a director in any two or more corporations engaged in whole or in part in 
commerce in the Philippines at the same time, other than banks, banking associations, 
investment companies, and trust companies, if such corporations are or shall have been 
theretofore, by virtue of their business and location of operation, competitors, so that the 
elimination of competition by agreement between them would constitute a violation of 
any provisions of this Act or any anti-trust law of the Philippines, particularly Article 186 
of the Revised Penal Code of the Philippines. 
SECTION 10. 
Exemption of Labor, AgpicUltural, or Horticultural 
Organizations. - The labor of a human being is not a commodity or article of commerce. 
Nothing contained in this Act, therefore, shall be construed to forbid the existence and 
operation of any, labor, agricultural or horticultural organizations, instituted for purposes 
of mutual help, and not having capital stock or conducted for profit, or to forbid or 
restrain individual members of such organizations fkom lawfully carrying out the 
7 


legitimate objects thereof; nor shall such organizations, or the members there06 be held 
or construed to be illegal combinations or conspiracies in restraint of trade, under this 
Act. 
SECTION 11. Penalties for ‘violations of Section 3 and Section 4. - Any 
person that shall be found to have violated Section 3 or Section 4 of this Act shall, for 
each and every such violation, be punished by a fine not exceeding ten million pesos 
(P10,000,000.00) if a corporation or association, or, one million pesos (P1,000,000.00) if 
a natural person Qr by imprisonment not exceeding five (5) years, or both fine and 
imprisonment, in the discretion of the court. 
SECTION 12. Penalties for ‘violations of Sections 5, 6, 7, 8, anaor 9, - Any 
person that shall be found to have violated Sections 5, 6, 7, or 9 or any combination of 
such sections of this Act shall, for each and every violation, be punished by a fine not 
exceeding five million pesos (P5,000,000.00), or by imprisonment not exceeding two and 
one-half (2 %) years, oi- both fine and imprisonment in the discretion of the court. 
SECTION 13. Impostfion of a Higher Penal@. - If the same Act or Acts are 
chargeable and punishable under Article 186 the Revised Penal Code and under the 
provisions of this Act, the penalties imposed under the provisions of the Revised Penal 
Code or under the provisions of this Act, whichever is the heavier, shall imposed. 
SECTION 14. 
Exclusion of Civil Action fiom Criminal Action. - The 
institution of a criminal action under this Act against a defendant shall not be deemed to 
include any claim for damages in favor of any person that may have suffered any 
monetary injury because of any violation of this Act. 
J 
SECTION 15. Civil Action of Private Partes for Monetary Injury. - In addition 
to the penalties provided in Sections 11 and 12 of this Act, any person that shall be 
8 


injured in his or its business or property and thereby suffers monetary injury by reason of 
anything forbidden under Sections 3, 4, 5, 6, 7, 8, or 9 of this Act may institute a 
separate and independent civil action, irrespective of the amount involved in the 
controversy, against the defendant or defendants and shall recover threefold of the 
monetary injury by him or by it sustained, and the cost of suit, including a reasonable 
attorney’s fee. 
The complaint for the civil action may be filed or instituted in the Regional Trial 
Court where the defendant or any of the defendants, if more than one, resides or is found 
or has an agent, or in the Regional Trial Court where the plaintiff resides. Any complaint 
for civil action that may be filed or instituted against a defendant to recover monetary 
injury suffered as a consequence of a violation of this Act shall be exempted fiom the 
payment of any filing fee. 
$ECT’ION 16. Civil Action of the Republic of the Philippines. - In addition to 
any criminal action he may have instituted against any defendant or defendants for any 
violation of this Act, the Secretary of Justice may bring a civil action in the name of the 
Republic of the Philippines, as parens patriae, on behalf of natural persons residing in the 
Philippines, in any Regional Trial Court having jurisdiction over the defendant, to secure 
treble damages for any monetary injury sustained by such natural persons by reason of 
any violation of this Act, plus the cost of suit and a reasonable attorney’s fee. 
Any civil action brought by the Secretary of Justice under this Act in the name of 
the Republic of the Philippines, as parens patriae, shall likewise be exempted €tom the 
/ 
payment of any filing fee. 
SECTION 17. Determination of Moizetay Relief to be Awarded in A Suit of 
the Republic of the Philippines. - In the event of such a civil action brought by the 
Secretary of Justice becoming successfbl, the Regional Trial Court having jurisdiction 
9 


over the case shall exclude from the amount of the monetary relief awarded in such 
action, the amount: (1) which duplicates amounts of monetary relief that have been 
awarded for the same injury, or (2) which is properly allocable (A) to natural persons 
who have excluded their claims fkom the civil action instituted by the Secretary of Justice 
in the name of the Republic of the Philippines, and (B) to any business entity. 
SECTION 18. Requirement of Notice by Publik&*on in a Suit of the RepuGlic 
of the Philippines. - In any civil action brought by the Secretary 6f Justice under this Act 
in the name of the Republic of the Philippines, as parens patriae, the Secretary of Justice 
shall, at such times and in such manner, and with such content as the Regional Trial 
Court having jurisdiction may direct, cause notice thereof to be given by publication. 
However, if such Regional Trial Court finds that notice given solely by publication would 
deny due process of law to any person or persons, that court may direct firther notice to 
such persons according to the circumstances of the case. 
SECTTON 19. Exclusion from the Suit of the Republic of the Philippines.- 
Any person on whose behalf a civil action has been brought by the Secretary of Justice 
under this Act in the name of the Republic of the Philippines, as parens patriae, may 
elect to exclude fiom adjudication the portion of the claim of the Republic of the 
Philippines for monetary relief attributable to him by filing notice of such election with 
the Regional Trial Court having jurisdiction over the civil action within such time as 
specified in the notice given pursuant to the immediately preceding Section 16 hereof. 
SECTION 20. Effect of Final Judgment in a Suit of the Republic of the 
Philippines. - The final judgment in an action brought by the Secretary of Justice under 
this Act in the name of the Republic of the Philippines, as parens patriae, shall be res 
judicata as to any claim by any person on behalf of whom such action was brought and 
who fails to give the notice of election under Section 17 hereof within the period directed 
10 


and specified by the Regional Trail Court having jurisdiction of the case in accordance 
with Section 16 of this Act. 
SECTION 21. Suit of the Republic of the Philkpines to Recover its Own 
Damages. - Whenever the Republic of the Philippines is hereafter injured in its business 
or property by reason of anything forbidden or rendered unlawful in this Act, it may sue 
thereon in the Regional Trial Court in which the defendant or any of the defendants, if 
there are more than one defendant, resides or is found or has an agent, without respect to 
the amount in controversy and shall recover actual damages by it sustained and the cost 
of suit. 
SECTION 22. Approval of the Court Required to Dismiss or Compromise a 
Civil Action. 
Any civil action filed under this Act shall not be dismissed or 
compromised without the approval of the court having jurisdiction of the case, and notice 
of any proposed dismissal or compromise shall be given to the public and to the parties in 
such manner as the court directs. 
- 
SECTION 23. Attorney’s Fee for the Prevailing Defendants. - In any civil 
action filed against a defendant under this Act, the court having jurisdiction of the case 
may award a reasonable attorney’s fee in favor of a prevailing defendant upon a finding 
that the Secretary of Justice or the plaintiff has acted in bad faith, vexatiously, wantonly, 
or for oppressive reasons. 
SECTION 24. Use of Statistical or Sampling Methods to Prove and Assess 
Damages. - In any civil action under this Act in which there has been a determination 
that a defendant agreed to fix prices in violation of the provisions of this Act, damages 
may be proved and assessed in the aggregate by statistical or sampling methods, by the 
computation of illegal overcharges, or by, such other reasonable system of estimating 
aggregate damages as the court having jurisdiction of the case in its discretion may 
11 


permit withou necessarily proving the individual claim of, or the amount of damage to, 
persons on w se behalf the suit was brought. 
I 
I 
SEC ON 25. Distribution of Monetary Relief Recovered in Suit of the 
Republic oft e Philippines. - The monetary relief recovered in a civil action filed by 
the Secretary f Justice in the name of the Republic of the Philippines, as parens patriae, 
in accordance with the provisions of Section 16 hereof shall (1) be distributed in such 
manner as the Regional Trial Court having jurisdiction of the case in its discretion may 
1 
authorize; or ( ) be deemed a civil penalty by the Regioanl trial Court and deposited with 
F 
as a part of the general find of the government, subject in either 
that any distribution procedure adopted by the Regional Trial 
person having an interest in the monetary relief a reasonable 
I 
opportullity to secure his appropriate portion of the net monetary relief obtained. 
SECT$ON 26. Evidential Edect ofa Final Judment Rendered in a Criminal 
Action Against a Defenaht. - Any final judgment or decree heretofore or hereafter 
rendered in any criminal action brought by or on behalf of the People of the Philippines 
as well a$ any final judgment or decree heretofore or hereafter rendered in any civil 
action brought by or on behalf of the Republic of the Philippines under this Act to the 
effect that a defendant has violated any or all of the provisions of this Act shall be prima 
facie evidence against such defkndant in any civil action brought by any other party 
against such defendant under this Act as to all matters respecting which said judgment or 
decree would be an estoppel as between the parties thereto: Provided, That this Section 
' 
shall not apply to consent judgment or decree, as hereinafter provided in Section 27 
hereof entered before any testimony has been taken. 
SECTION 27. Proposal for a Consent Judgment. - At any time in the course 
of a civil action brought by or on behalf of the Republic of the Philippines under this Act, 
the Republic of the Philippines through the Secretary of Justice, may propose in a proper 
12 


pleading to the defendant or defendants a consent judgment by the latter based on the 
facts alleged by the parties in their respective pleadings. 
Any such proposal for a consent judgment for entry in such civil action shall be 
filed with the Regional Trial Court having jurisdiction of the case. A summaiy of the 
terms of the proposal for the consent judgment with a competitive impact statement 
which shall recite (1) the nature and purpose of the proceeding; (2) a description of the 
practices or events giving rise to the alleged violation of this Act; (3) an explanation of 
the proposal for a consent judgment, including an explanation of any unusual 
circumstances giving rise to such proposal or any provision contained therein, relief to be 
obtained thereby, and the anticipated effects on competition of such reliec (4) 
the 
remedies available to potential private plaintiffs damaged by the alleged violation in the 
event that such proposal for the consent judgment entered in such proceeding; (5) a 
description of the procedure available for modification of such proposal; (6) a desciption 
and evaluation of alternatives to such proposal actually considered by the Republic of the 
Philippines; and (7) a list of the materials and documents which the Republic of the 
Philippines shall make available for purposes of meaninghl public comment, and the 
place where such materials and documents are available for public inspection, shall be 
published at least sixty (60) days prior to the effective date of such consent judgment for 
seven (7) days over a period of three (3) weeks in at least two (2) newspapers of general 
circulation. 
Copies of the proposal for a consent judgment or any other materials and 
documents which the Republic of the Philippines considered determinative in formulating 
its proposal for a consent judgment shall be made available to the public at the Regional 
Trial Court having jurisdiction of the case. 
SECTION 28. 
Public Coinmnts Relating to the Proposal for a Consent 
Judgment. - During the sixty (60) day period mentioned in Section 27 hereof, and such 
x- 
-_ 
--, 
., 
.- 
13 


additional time as the Republic of the Philippines may request and the Regional Trial 
Court may grant, the Republic of the Philippines shall receive and consider any written 
comments relating to the proposal for the consent judgment filed with the Regional Trial 
Court having jurisdiction of the case in accordance with Section 27 of this Act. At the 
close of the period during which such comments may be received, the Republic of the 
Philippines shall file with the Regional Trial Court having jurisdiction of the case, not 
later than thirty (30) days from the date the last comment was filed with the Regional 
Trial Court, a response to such comments. 
SECTION 29, 
Duty of the Regional Trial Court Before Entering Any 
Consent Jtcdgntent. - Before entering any consent judgment proposed by the Republic of 
the Philippines under Section 27 of this Act, the Regional Trial Court having jurisdiction 
of the case shall determine that the entry of such judgment is in the public interest. 
For purposes of determining that the entry of sueh judgment is in the public 
interest, the Regional Trial Court may consider: (1) the competitive impact of such 
judgment, including termination of alleged violations, provisions for enforcement and 
modification, duration or relief sought, anticipated effixts of alternative remedies actually 
considered, and any other considerations bearing upon the adequacy of such judgment; 
and (2) the impact of entry of such judgment upon the public generally and individuals 
alleging specific injury from the violations set forth in the complaint, including 
consideration of the public benefit, if any, to be derived fiom the determination of the 
issues at the trial. 
SECTION 30. 
Powers of the Regional Tpial Court in Making the 
Determination under Section 29. - In making its determination under Section 29 of this 
Act, the Regional Trial Court may: (1) take the testimony of government officials or 
experts or such expert witnesses, as the Regional Ti91 Court may deem appropriate; (2) 
appoint such outside consultants or experts witnesses as the Regional Trial Court may 
14 


deem appropriate; (3) request and obtain the views, evaluations, or advice of any 
individual, group, or agency of the government with respect to any aspects of the 
proposed consent judgment or the effect of such consent judgment, in such manner as the 
Regional Trial Court having jurisdiction of the case deems appropriate; (4) authorize fbll 
or limited participation in the civil proceedings before the Regional Trial Court having 
jurisdiction of the case by interested persons or agencies of the government, including 
appearance amicus curiae, intervention as a party pursuant to the provisions of the Rules 
of Court, examination of witnesses or documentary materials, or participation in any 
other manner and extent which serves the public interest as the Regional Trial Court 
having jurisdiction of the case 'may deem appropriate; (5) review any comments 
including any objections filed with the Republic of the Philippines concerning the 
proposed consent judgment and the responses of the Republic of the Philippines to such 
comments and objections, in accordance with the provisions of Section 28 of this Act; 
and (6) take such other action in the public interest as the Regional Trial Court may 
deem appropriate 
SECTION 31. Ce&)%ations of the Defendants. - Not later than fifteen (15) 
days following the date of the filing of any proposal for a consent judgment under 
Section 27 of this Act, each defendant shall file with the Regional Trial Court having 
jurisdiction of the case a description of any and all written or oral communications by or 
on behalf of such defendants, including any and all written or oral communications on 
behalf of such defendants, or other person, with any officer or employee of the Republic 
of the Philippines or relevant to such proposal, except that any such communications 
made by counsel of record with the Secretary of Justice or the employees of the 
Department of Justice shall be excluded fiom the requirements of this Section. Prior to 
the entry of any consent judgment pursuant to this Act, ekch defendant shall certify under 
oath to the Regional Trial Court having; jurisdiction of the case that the requirements of 
this Section have been complied with and that such filing is a true and complete 
15 


description of such communications known to the defendant or which the defendant 
reasonable should have known. 
SECTION 32. Evidential Vahe of Biweedings in a Proposal for a Consent 
Judgment. - Proceedings before the Regional Trial Court having jurisdiction of the case 
under Section 29 and Section 30 of this Act, shall not be admissible against any 
defendants in any action or proceeding brought by any other party against such 
defendant nor constitute a basis for the introduction of the consent judgment as a prima 
facie evidence against such defendants in any such action or proceeding. 
SZCTION 33. Statute of Limitations. - Any-civil or criminal action to enforce 
any cause of action arising fiom a violation of any provision af this Act shall be forever 
barred unless commenced within five (5) years after the cause of action accrued. 
Whenever my civil or criminal proceeding is instituted by the Republic of the Philippines 
in case of a civil action or by the People of the Philippines in case of a criminal action to 
prevent, restrain, or punish any violation of any provision of this Act, the running of the 
statute of limitation provided in the immediately preceding sentence in respect of every 
private or sovereign right of action arising under this Act and based in whole or in part on 
any matter complained of in said proceeding shall be suspended during the pendency 
thereof and for one year thereafter. 
SECTION 34. Separability Clause. - If any clause, sentence, section or part of 
this Act shall be adjudged by a court of competent jurisdiction to be invalid, such 
judgment shaIl not affect, impair or invalidate the remainder of this Act, but shall be 
confined in its operation to the clause, sentence paragraph, section, or part thereof 
directly involved in the controversy. 
16 


SECTION 35. Repealing Uause. - All provisions of law, orders, decrees, 
executive orders, including rules and regulations or parts thereof which are contrary to or 
inconsistent with the provisions of this Act are hereby repealed or modified accordingly. 
SECTION 36. EffecfidQ Clause. - This Act shall take effect fifteen (1 5) days 
following its publication in the Official Gazette or at least two (2) national newspapers of 
general circulation. 
Approved, 
JGlUtere/JFEphilantitruddisklpink 
17