Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

1708

House Bill No. ~ "~~

Introduced by Rep. ANGELO MARCOS BARBA
2nd District, locos Norte

EXPLANATORY NOTE

The act of smuggling agricultural products is said to be an unending
torture’ 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,? 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. 10845 (R.A. No.
10845), also known as the Anti-Agricultural Smuggling Act of 2016, 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 P202.5 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.

The Anti-Agricultural Smuggling Courts are special courts
designated to prosecute cases involving smuggling, hoarding,

{Dela Peta, K. (2021, October 5). Agricultural smuggling: An unending torture for PH formers. nquier. Retrieved
March 13, 2023, from https://newsinfo,inquire.net/1497381/agric Jing-an-unending-torture-for:
farmers
2 Senate of the Philippines (2023, January 6). Gatchalian: Go after big-time smugglers of agricultural products.
{Press release. Retrieved March 13, 2023, from

https://legacy.senate.gov.ph/oress release/2023/0106 gatchalan1.asp

} Galvez, D. (2023, February 14). P205.5M worth of smuggled agri-fishery products seized in Manila port in
January. Inquirer. Retrieved March 15, 2023, from httos://newsinfo.inguirer,net/1729509/5202-Sm-worth-of-
smuggled-agriishery-productsseized-in-manila-portinianuary


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.

ANGELS ‘COS BARBA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

House Bill No,_1708

Introduced by Rep. ANGELO MARCOS BARBA.
2nd District, Hocos Norte

AN ACT
ESTABLISHING ANTI-AGRICULTURAL SMUGGLING COURTS,
GRANTING THEM EXCLUSIVE ORIGINAL JURISDICTION OVER
CASES INVOLVING AGRICULTURAL PRODUCTS,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “Anti-
Agricultural Smuggling Courts Act of 2025.”

SECTION 2. Declaration of Policy. — It is the policy 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.

SECTION 3. Establishment of Anti-Agricultural 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.

SECTION 4. Jurisdiction. - The Anti-Agricultural Smuggling Court shall
have exclusive original jurisdiction on cases involving:

(a) All violations of Republic Act No. 10845 (R.A. No. 10845), otherwise
known as the Anti-Agricultural Smuggling Act of 2016, including
those made by a Public Officer, whether he be the principal accused,
an accomplice, or merely an accessory;


(b) 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

(©) All cases involving smuggling, hoarding, profiteering, and cartel of
agricultural products.

SECTION 5. Qualification and Compensation of Justices. —

(a) 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).

SECTION 6. Tenure. — The Anti-Agricultural Smuggling Court Justices
shall be appointed to serve in good behavior until the age of seventy (70) 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.

SECTION 7. Appeals. - Decision and orders of the Anti-Agricultural
Smuggling Court shall be appealed to the Supreme Court.

SECTION 8. Special 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.

SECTION 9. Administrative Personnel. - Upon the recommendation of
the Anti-Agricultural Smuggling Court, the Supreme Court may designate, from
among the officers and employees under it, or appoint the personnel necessary
for the administration of the Anti-Agricultural Smuggling Court; Provided,
however, 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, 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 Clerks of
Court of the Sandiganbayan or Court of Appeals.

SECTION 10. Appropriations. — 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.


SECTION 11. Implementing Rules and Regulations, ~The Supreme Court
shall formulate the necessary rules and regulations for the effective
implementation of this Act.

SECTION 12. Transitory Provisions. — All cases involving violations of
R.A. No. 10845 pending the establishment of the Anti-Agricultural Smuggling
Courts shall stay at the court where it is tried.

SECTION 13. Separability Clause. — In case any provision of this Act is
declared unconstitutional, the other provisions shall remain in effect.

SECTION 14. Repealing Clause. — All laws, decrees, orders, rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SECTION 45. Effectivity. — This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,