Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines
NINETEENTH CONGRESS
First Regular Session
House Bill No.  817 0
Introduced by HON. NICANOR M. BRIONES
Representative, AGAP Patty List
EXPLANATORY NOTE
The recent fiasco over illegal hoarding and smuggling of onions, sugar,
and other agricultural products brought to light the dismal situation of the
prosecution of violations of the Anti-Agricultural Smuggling Act. The report
submitted to the House Committee on Agriculture and Food by the Bureau of
Customs as of 20 January 2023, shows that from 2018 to 2023, only 20 cases
have been filed by the Department of Justice with the courts. Meanwhile,132
cases are still under preliminary investigation.
Given the numerous reported seizures and confiscations of smuggled
goods, as well as the many investigations and hearings held on the alleged
smuggling,  hoarding, and profiteering of various agricultural products,  the
number of cases filed with and decided by the courts do not match up with
the large-scale smuggling occurring in the country. Since offenders have yet
to be penalized, it is more difficult to curb agricultural smuggling.
At  present,  criminal  cases  involving  violations  of  Republic  Act  No.
10845 fall under the jurisdiction of Regional Trial Courts (RTCs). As second-
level  trial  courts,  dockets  of  RTCs  are  historically  congested,  leading  to
notable delays in disposition of cases.
This bill finds significance in the gravity, extent, and impact of the crime
of agricultural smuggling and economic sabotage. The decades-long rampant
smuggling of agricultural products in the country has undermined the efforts
of our farmers in making food affordable and available to F`ilipinos. Moreover,
it has robbed  the  government of millions of supposed revenues that could
have been allocated to fund programs for farmers in the country, especially
now  that  the  agriculture  industry  is  facing various  crises.  Hence,  it  is  of
utmost  and  urgent  importance  to  put  those  responsible  for  these  crimes
behind bars and penalize them according to law.


Hence,  to  hasten  bringing  the  alleged  hoarders  and  smugglers  to
justice, this measure proposes that a special court, which shall be known as
the Anti-Agricultural Smuggling Court, be created. This special court will have
exclusive jurisdiction over cases involving RA 10845 and other related cases.
Creating this special court will facilitate filing of such cases as prosecutors
will no longer have to grapple with the long waiting time for the scheduling,
hearing,  and disposition of cases.  Since Court Justices will concentrate on
these cases, this will help unveil clandestine illegal practices that will aid law
enforcement agencies recognize smuggling-related activities. Moreover, it will
help lessen the dockets of our second-level courts.
In sum, having a special court will aid the judiciary in swiftly resolving
agricultural smuggling and economic sabotage cases and, at the same time,
de-clog court dockets.
With  the  foregoing  premises  considered,  the  approval  of this  bill  is
earnestly sought.
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines
NINETEENTH CONGRESS
First Regular Session
House Bill No.  817 0
Introduced by HON. NICANOR M. BRIONES
Representotiue, AGAP Patty List
AH ACT
ESTABLISHING ANTI-AGRICULTURAL SMUGGLING COURT, GRANTING
THEM EXCLUSIVE ORIGINAL .URISDICTION OVER CASES INVOLVING
AGRICULTURAL PRODUCTS, APPROPRIATING FUNDS THEREFOR AND
FOR OTHER PURPOSES
Be it enacted dy the Senate cnd. House Of Represeritculues Of the Philippines in
congress assembled:
SECTION 1 Short "tte o/Act. - This Act shall be known as the "Anti-
Agricultural Smuggling Courts Act of 2023".
SEC. 2. Dechancltion a/Po[!cg/. -It is the policy of the State to protect
farmers, consumers, and the general public from illicit trade of agricultural
products. It is also 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.
S;B®.  8.  Bstaunsh:meat Of A"fuAgrtou"Lral Srrueggting  Court.  -
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 National Capital Region, Bulacan, Cebu, and Davao.
SEC.  4.  Jfurtsdtction. - The Anti-Agricultural Smuggling Court shall
have exclusive original jurisdiction on all cases involving:
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•,
(a) All  violations  of Republic Act  No.  10845,  otherwise  known  as  the
Anti-Agricultural Smuggling Act of 2016, including those made by
public  officers,  whether  be  principal  accused,  an  accomplice,  or
merely an accessory; and
(b) All cases involving smuggling,  hoarding,  profiteering, and cartel of
agricultural products.
The   Anti-Agricultural   Smuggling   Court   shall   have   the   primary
jurisdiction 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.
SEC. 5. Qz.azzJicatzorL arLd CoaperisatforL a/ul.stzces. -The LJustices
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
retirements and other benefits as those provided for under existing laws for
Associate Justices of the Sandiganbayan and Court of Appeals.
The Justices shall be appointed by the President from a list prepared
by the |Judicial and Bar Council.
SEC.  6.  Te"ire.  - The Justices  of the  Anti-Agricultural  Smuggling
Court shall be appointed to serve during good behavior until they reach 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 the  Sandiganbayan  and
Court of Appeals.
SEC.  7.  Appeals.  -  Decisions  and  orders  of  the  Anti~Agricultural
Smuggling Court shall be appealed to the Supreme Court.
SEC. 8. Special Procedrre. - The Anti-Agricultural Smuggling Court
shall be governed by such special rules of procedure as the Supreme Court
may promulgate.
SEC.  9.   Adm!nistratftle 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 Anti-Agricultural Smuggling Court; ProLJ{.czec!, hotuet;er, 17tat
those merely designated shall not receive additional compensation, except per
diems, traveling and necessary expenses,  in accordance with existing laws,
rules, and regulations.
The  Supreme  Court  shall  appoint  one  (1)  Clerk  of  Court  for  each
Division  of the  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 retirements and other benefits as those
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provided for under existing laws for Clerk of Court of the Sandiganbayan or
Court of Appeals.
SEC.  10. Appropriatioris. - 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.
SEC.   11.  Jxpzerrientirig  Rt(Zee  arLd  Regz4hattorrs.  -The  Supreme
Court  shall formulate the  necessary rules and regulations for the  effective
implementation of this Act.
SEC.  12.  ftlaEnsttor=/ Prioutstoirs.  - All  cases  involving violations  of
Republic Act No.  10845  pending the establishment of the Anti-Agricultural
Smuggling Court shall stay at the court where it is tried.
SEC.  13.  Separab£I!tE/ C[ouse. - If any provision of this Act shall be
held  unconstitutional  or  invalid,  the  remaining  provisions  which  are  not
affected thereby shall continue to be in full force and effect.
SEC. 14. Repealing Clattse. -All other laws, decrees, executive orders,
rules, or regulations inconsistent with the provisions of this Act are hereby
repealed, amended, or modified accordingly.
SEC.  15. EJflTcctiutt§/. -This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation.
Approued,
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