Republic of the Philippines
HOUSE OF REPRESENT
Quezon City

PIVES

FIFTEENTH CONGRESS
First Regular Session

House Bill No, 8259
Tntroduced by REPRESENTATVE JEFFREY P. FERRER

EXPLANATORY NOTE

The sugar industry is @ major component of the socioeconomic and political structure of
the country it is still considered the primary export commodity of the Philippines, Sugar
Farming provides employment in the countryside generates revenue to Local
Governments and adds to the foreign currency reserves.

While the uncontrolled entry of smuggled imported sugar pose a threat to the
development and survival of the sugar industry which employ thousands of workers and
their dependents, it also decreases customs tax collection, destabilizes domestic sugar
prices, and endangers the domestic sugar industry as well as the many sugar farmers
depending on the viability of sugarcane farming

This bill therefore seeks to strengthen the government's drive to put a stop to unabared
sugar smuggling, this bill grants the Sugar Regulatory Administration the power to make
arrests and file charges against sugar smugglers. In addition, this bill requires that all
seized sugar be placed under the custody of the Sugar Regulatory Administration for
proper disposal as 10 stop the reselling of seized smuggled sugar in the domestic market.

JEFFREY ER %
4" District of Negros Occidental


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

FIF

NTH CONGRESS
rst Regular

House Bill No_ 38259
Introduced by HONORABLE JEFFREY P,

ERRER

“AN ACT IHANCING THE POWERS OF THE S
ADMINISTRATION TO BAN THE SMUGGLI OF SUGAR AND ITS
DERIVATIVES, AMENDING ECUTIVE ORDER NO. 18, PROVIDIN:
FUNDS THEREFOR AND ESTABLISHI A POLICY FOR ITS
IMPLEMENTATION AND FOR OTHER PURPOSES”

GAR REGULATORY

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

SECTION 1. Short Title. - This shall be known as the “Anti-Sugar Smuggling Act of
2010”

SECTION 2. Declaration of Policy — I shail be the policy of the state to completely ban
the smuggling of imported sugar and its derivatives due 10 the damaging effects in the
growth and development of the Sugar Industry and the national economy. The sugarcane
Farmers, Agricultural farm workers and Sugar Centrals which provide employment and
industrialization in the rural areas depend on the viability of the sugar industry over the
Jong term as a foundation of sustainable economic growth, so the utmost protection and
unwavering support of the state is required to ensure its long term existence. Smuggling
ly illegal and constitutes a form of economic sabotage; it undermines the stability of
domestic sugar prices which is detrimental to both consumers and producers. Toward
this end, it is hereby declared a policy of the State to establish and improve the existing
powers of the Sugar Regulatory Administration (SRA) under Executive Order no, 18 and
develop a responsive system to ensure that our markets are free from illegally imported
(smuggled) sugar and its derivatives including unwarranted competition

SECTION 3. Increasing the powers of the Sugar Regulatory administration amending

0.18 ~ The Sugar Regulatory Administration is hereby tasked to ensure that the supply
of domestic sugar and its market is free from illegally imported or smuggled sugar and
its derivatives, E.O. no. 18 is amender and the Sugar Regulatory Administration is
hereby given by this act the police power and authority to prevent, suppress, confiscate
apprehend the snuggling of sugar and its derivatives through the execution of searches,
warrant of seizures, and enforcing arrests

SECTION 4. Creation of the sugar anti-smuggling Task Force Unit- The Sugar
Regulatory Administration is hereby authorized by law upon the passage of this act to


form an anti-smuggling unit whose personnel shall come from the Armed Forces of the
Philippines, the Philippine National Police and the Bureau of Customs to properly effect
its mandate of curbing the illegal entry of imported sugar and its derivatives.

SECTION 5. Custody of Confiscated Smuggled Sugar. - All confiscated smuggled
sugar shall be placed under the custody of the Sugar Regulatory Administration within
ten (10) days upon seizure.

SECTION 6. Disposition of Smuggled Sugar. - Ail confiscated smuggled sugar shall be
destroyed and immediately dumped into the sea within forty (40) days of seizure,
Provided, That the dumping site is cleared with the Department of Environment and. *
Natural Resources and the Bureau of Fisheries and Aquatic Resources to ensure that the
dumping does not bring any significant damage 10 the concerned ecosystem; Provided
further, That the actual dumping is done in the presence of representatives from the
Department of Environment and Natural Resources, Bureau of Fisheries and Aquatic
Resources, Bureau of Customs, sugar industry leaders, and other concerned NGO's
parties,

SECTION 7. Penal Provision. - Any person convicted of smuggling or abetting the
smuggling of sugar shall be imprisoned for a period of not less than fifieen (15) years but
not more than thirty (30) years, and shall pay a fine of at least Php |, OOO, OOO.

SECTION 8. Without prejudice clause. - The power to execute searches, seizures, and
arrests granted the Sugar Regulatory Administration by virtue of this act shall be without
prejudice to existing laws, decrees, orders, rules and regulations granting the Sugar
Regulatory Administration such other necessary regulatory power and functions

SECTION 9, Implementing Rules and Regulations (IRR). ~The DA, SKA, DOF, DOJ,
in consultation with concerned government agencies, Sugar Farmers, consumers, Sugar
Traders and concerned sectors, shall formulate the implementing rules and regulations of
this Act within ninety (90) days after its approval. Such rules and regulations shall take
effect fifieen (15) days after the publication in a newspaper of general circulation in the
Philippines.

SECTION 10. Separability Clause. - If any part, section or provision of this Act is held
invalid or unconstitutional, other provisions not affected thereby shall remain in full
force and effect.

SECTION 11. Repealing Clause. -All laws, decrees, orders, rules and regulations or
other issuances inconsistent with the provisions of this Act are hereby repealed, amended

or modified accordingly.

SECTION 12. Effectivity. - This Act shall take effect fifteen (15) days afier its
publication in at least two (2) newspapers of general circulation.

Approved,