FIFTEENTH CONGRESS: )
REPUBLIC OF THE PHILIPPINES. )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus 8, Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 443'7

EXPLANATORY NOTE

“Botcha’ or hot meat is the Filipino term for meat taken from an animal which
has died of disease or the meat of a dying or sick animal. Local hog or poultry
owners slaughter these animals which died of diseases or before they die and sell
the meat goods at a cheap price to willing meat vendors.

This practice has now become prevalent in the country specially in Metro
Manila which is very unfortunate because this jeopardizes both consumers and
Producers, by endangering health and disturbing market stability. Double-dead meat
contains germs and micro-organisms that could cause illnesses like diarrhea and
food poisoning.

Despite the serious consequences however of the trade’ and the consumption
of these types of animais, penalties under RA No. 9296 or the Meat Inspection Code
of the Philippines are insufficient. According to the National Meat Inspection
Commission (NMIC), the current National Meat Inspection Code has failed to serve
as 2 deterrent against the sale of double dead meat because the penalties are just
too iow.

Under the law, the penalty for the sale of hot meat is confiscation and the
imposition of administrative fines.

These sanctions are not enough. In view of the foregoing, immediate passage
of this bill is earnestly requested.

RUFWS B. RO! EZ

MAXI “Hlbcses JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus 6. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No._443'7

AN ACT
AMENDING REPUBLIC ACT NO. 9296 OTHERWISE KNOWN AS “THE MEAT
INSPECTION CODE OF THE PHILIPPINES" BY DECLARING THE
IMPORTATION, SELLING AND, DISTRIBUTION OF "BOTCHA” AS A CRIMINAL
OFFENSE WITH PROVISIONS FOR IMPRISONMENT AND FOR OTHER
PURPOSES

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

SECTION 1. Section 48 of Republic Act No. 9296 otherwise known as "Tne Meat
Inspection Code of the Philippines” is hereby amended in part by adding a
Subsection to be denominated as Section 48 (@) to read as follows:

“Section 48. Prohibited Acts - No person, firm or
corporation shall
XXX XXX

E) IMPORT, SELL OR DISTRIBUTE DOUBLE-DEAD
MEAT OR "BOTCHA™, OR MEAT WITH FOOD AND
MOUTH DISEASE (FMD) OR ANY OTHER VIRUS OR
ANY  ILL-QUARANTINED MEAT OR MEAT-
PRODUCTS.”

SECTION 2. Three new Sections are hereby added after Section 58 of RA 9296 to
be denominated as Section 58-4, Section 58-8 and Section 88-C to read as follows:

"SEC, 58-A, CRIMINAL LIABILITY — ANY PERSONS,
FIRM OR CORPORATION FOUND TO HAVE VIOLATED
ANY OF THE PROVISIONS OF THIS ACT SHALL BE
SUBJECT TO IMPRISONMENT FOR A PERIOD OF NOT
LESS THAN ONE (1} YEAR BUT NOT EXCEEDING TWO
(2) YEARS AND A FINE OF NOT LESS THAN FIFTY
THOUSAND PESOS (P50,000) BUT NOT EXCEEDING
FIVE HUNDRED THOUSAND PESOS (P500,000).

IF THE VIOLATOR IS A FIRM, CORPORATION,
OR ANY JURIDICAL ENTITY, INCLUDING THOSE
WHICH REPRESENT THEMSELVES AS SUCH, THE
PENALTY SHALL BE IMPOSED UPON | THE
PRESIDENT, CHAIRMAN, CHIEF EXECUTIVE OFFICER,
OR ANY OF THE TOP OFFICERS AND MANAGEMENT
OF THE ENTITY OR ANY PERSON OR OFFICER


THEREOF WHO KNOWS OR OUGHT TO HAVE KNOWN
THE COMMISSION OR EXISTENCE OF THE
VIOLATION OF THIS ACT.

ANY PERSON/S, FIRM OR CORPORATION WHO
ASSIST, COOPERATE OR CONSPIRE IN THE
COMMISSION OF ACTS IN VIOLATION OF THIS ACT
AS HEREIN ENUMERATED SHALL BE SUBJECT TO
THE GRADUATED PENALTIES BASED ON THE
AFOREMENTIONED PENALTIES TAKING IN
CONSIDERATION THEIR PARTICIPATION AND
CULPABILITY ACCORDING TO THE REVISED: PENAL
CODE TO BE DETERMINED BY A COURT OF
COMPETENT JURISDICTION.”

“SECTION 58-8. AUTOMATIC REVOCATION OF
LICENSE TO OPERATE BUSINESS - THE SECRETARY
IS HEREBY AUTHORIZED TO REVOKE ANY LICENSE
TO OPERATE BUSINESS AFTER PROPER NOTICE
AND HEARING WHICH SHALL BE SUMMARY IN
NATURE, OF ANY PERSON/S, FIRM OR
CORPORATION FOUND TO HAVE VIOLATED ANY OF
THE PROVISIONS OF THIS ACT.”

"SECTION 58-C. LIABILITY OF PUBLIC OFFICERS ~
THE LIABILITY OF PUBLIC OFFICERS TASKED WITH
THE IMPLEMENTATION OF THIS ACT, WHO BY
THEMSELVES OR IN CONSPIRACY WITH OTHERS,
VIOLATE THE PROVISIONS OF CHAPTER XII UNDER
THIS ACT, SHALL BE WITHOUT PREJUDICE TO
LIABILITIES UNDER OTHER PENAL LAWS."

‘SECTION 3. Separability Clause — It any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected
‘shall remain valid and subsisting.

SECTION 4. Repealing Clause — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or Fegulation contrary to or

inconsistent with the provisions of this Act is hereby repealed, modified or amended
accordingly.

SECTION 5. Effectivity Clause ~ This Act shall take effect fifteen (15) days from the
date of the completion of its publication in the Official Gazette or in at least two (2)
newspapers of general circulation.

Approved,