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PRESIDENTIAL DECREE NO. 1674
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PRESIDENTIAL DECREE NO. 1674 -
PROVIDING A MECHANISM FOR PRICE REGULATION, CREATING A PRICE
STABILIZATION COUNCIL, PRESCRIBING ITS POWERS AND RESPONSIBILITIES AND
FOR OTHER PURPOSES
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WHEREAS,
the recent increases in the price of oil products threatens to trigger
unconscionable increases in the prices of prime and essential
commodities as a result of speculative, monopolistic, profiteering,
hoarding and other activities calculated to take advantage of the
situation;chanroblesvirtualawlibrary
WHEREAS, there is an urgent need of a mechanism that would check price
manipulation activities and at the same time afford legitimate business
a fair return on investment through the exercise of reasonable
regulation.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order:cralaw:red
Section 1. Whenever the President determines, that
prices of prime and essential commodities have increased or tend to
increase to unreasonable levels as a result of an emergency situation,
shortage in supply, price manipulation or other causes, he may convene
a Price Stabilization Council created hereunder, to consider and
recommend such measures as may be necessary to protect the consumers
and assure supply of prime and essential commodities. Whenever it has
been determined that the situation has stabilized or has otherwise
improved, the Council may recommend to the President the termination of
any or all of the measures adopted.
Section 2. Composition of the Council. — A Price
Stabilization Council (hereinafter referred to as the "Council") is
hereby constituted, which shall be composed of the Minister of Trade as
Chairman, and the Minister of Agriculture, the Minister of Industry,
the Minister of Health and the Minister of Economic Planning or their
designated representatives, as members. The Council shall meet upon
direction of the President. The Council may appoint an Executive
Director who shall be responsible for carrying out the orders and
directives of the Council and whose compensation shall be determined by
the Council. The Executive Director shall be assisted by a Secretariat.
Section 3. Powers and Responsibilities. — The Council
shall have the following powers and responsibilities:cralaw:red
(1) to recommend to the President the setting of
price ceilings on key and essential commodities, particularly those
purchased by low-income groups, after verifying through technical
studies and/or hearings that the prices of these items have risen to an
unreasonable degree; chanroblesvirtualawlibrary
(2) to deputize or enlist the assistance of
Ministries and agencies concerned in the enforcement of such price
ceilings, particularly the Philippine Constabulary, the Integrated
National Police, local governments and sub-divisions thereof;chanroblesvirtualawlibrary
(3) to recommend to the President the importation of
such items as may be necessary to stabilize prices, including the
removal or reduction of tariffs and taxes on these items, the revision
of their commodity classification, and the authorization of particular
agencies of the government to import the resell such items at
reasonable price to the public;chanroblesvirtualawlibrary
(4) to recommend to the President the grant of
subsidies to certain sectors in order to hasten production of certain
items and hereby assure stable prices for consumers;chanroblesvirtualawlibrary
(5) to promulgate rules and regulation to implement
the provisions of this decree subject to approval by the President,
which shall take effect immediately after publication in a newspaper of
general circulation once a week for two consecutive weeks; and
(6) to order, through the concerned government
agency, the immediate cancellation of the license to do business of any
person or entity violating the provision of this decree, or any order,
rule or regulations promulgated by the Council, or in certain cases,
upon verification of actual violation of the prices set by the Council,
to summarily order the closure of the establishment concerned without
prejudice to further criminal prosecution in court. chanroblesvirtualawlibrary
Section 4. Provisional Orders. — Upon filing of the
petition or complaint or at any stage thereafter, and even without
prior hearing, on the basis of supporting papers duly verified and
authenticated, the Council may recommend to the President to grant
provisional relief on motion of a party in the case or on its own
initiative, without prejudice to a final decision after hearing, should
the Council find that the pleadings, together with such affidavits,
documents and other evidence, which may be submitted to support the
motion, substantially support the provisional order.
Section 5. Ancillary Powers of the Council. — In the
exercise of its powers, the Council shall have the power to issue under
the signature and authority of the Chairman subpoenas and subpoenas
duces tecum which shall be duly entered into the record book indicating
the facts attendant thereto and notwithstanding the provisions of
Sections 91, 347, and 349 of the Internal Revenue Code, to require the
Bureau of Internal Revenue to submit any sales, income or other tax
returns filed by any producer, manufacturer or retailer or essential
articles or commodities relevant to any public hearing any inquiry
under this Decree. chanroblesvirtualawlibrary
The Council may punish for contempt by a fine not exceeding one
thousand pesos any person guilty of misconduct in the presence of the
Council or any of its hearing Committees or so near thereto as to
seriously interrupt any hearing, session or any proceedings before it
including cases in which a person willfully fails or refuses, without
just cause, to comply with summons, subpoenas or subpoenas duces tecum
legally issued by the Council, by the Executive Director, or any of its
hearing committees being present at a hearing session or investigation
refuses to be sworn, to answer questions when lawfully required to do
so, or to furnish available information required by the Council or any
of its hearing committees.
Section 6. Penal Provisions. — Imprisonment for a
period of not less than six months nor more than five years or a fine
of not less than two thousand pesos nor more than twenty thousand
pesos, or both, shall be imposed upon any person who sells any
commodity in excess of the maximum selling price established by the
Council, or who violates any provisions of this Decree or any order,
rule or regulation issued pursuant to the provisions of this Decree;
Provided, however, That in the case of aliens, in addition to the
penalty herein provided , the offender shall, upon conviction, and
after service of sentence, be immediately deported without any further
proceedings.
Whenever any of the offenses described above is committed by a
corporation or association, the president and each of the directors or
managers of said corporation or association, or its agent or
representative in the Philippines, in case of a foreign corporation or
association who shall have knowingly permitted or failed to prevent the
commission of such offenses, shall be held liable as principals
thereof. chanroblesvirtualawlibrary
Any government official or employee, who by neglect or connivance, has
in any mannerded or abetted in the violation or circumvention of the
provisions of this Decree, shall be held criminally liable as
co-principal under this section and shall, in addition, suffer the
penalty of perpetual absolute disqualification to hold public office.
Any government official or employee who, being duly authorized by the
Council to act as its authorized agent, shall divulge to any person or
make known in any other manner than may be authorized by law, any
information regarding the income, method of operation or other
confidential information regarding the business of any person,
association or corporation, knowledge of which was acquired by him in
the course of the discharge of his official duties, shall be punished
by both fine of not less than two thousand pesos, nor more than twenty
thousand pesos and imprisonment of not less than two years nor more
than five years.
Section 7. Appropriation. — A sum necessary for the
initial operations of the Council is hereby appropriated to be
certified by the President to the Minister of the Budget. chanroblesvirtualawlibrary
Section 8. This Decree shall take effect immediately.
Done in the City of Manila,
this 16th day of February, in the year of Our Lord, nineteen hundred
and eighty.
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