MANILA – With 225 votes, the House of Representatives on Monday approved on final reading a measure seeking to declare as “economic sabotage” the smuggling of tobacco products into the country.
House Bill (HB) No. 3917, seeks to amend Sections 3 and 4 of Republic Act (RA) No. 10845, otherwise known as The Anti-agricultural Smuggling Act of 2016, and was principally authored by Senior Deputy Majority Leader and Ilocos Norte 1st District Representative Sandro Marcos and Assistant Majority Leader and PBA Party-list Rep. Margarita Nograles.
Under the measure, raw or finished tobacco products will be considered as an agricultural commodity, alongside sugar, corn, pork, poultry, garlic, onion, carrots, fish and cruciferous vegetables.
The crime of large-scale smuggling as economic sabotage is committed by importing into the Philippines without the required import permit from the regulatory agencies using import permits of persons, natural or juridical, other than those specifically named in the permit or using fake, fictitious or fraudulent import permits or shipping documents, among others.
HB 3917 also states that the crime is also committed by the broker, agent, facilitator, forwarder, or warehouse lessor of the violating importer; and allowing the use of a private port, fish port, fish landing site, resort, and/or airport to perpetuate the economic sabotage regardless of quantity.
The penalty of imprisonment of 30 to 40 years, and a fine of twice the fair value and the aggregate amount of the taxes, duties and other charges avoided by the smuggled tobacco shall be imposed on the registered owner and its lessee or charterer of a chartered boat, truck or warehouse; or president or chief executive officer of the private port, fish port, fish landing sites, resorts, who knowingly allows tobacco smuggling into the country.
The offense shall also be deemed non-bailable.
Furthermore, HB 3917 provides that if the offender is a government official or employee, the penalty shall be the maximum as prescribed by this measure.
The offender shall also suffer an additional penalty of perpetual disqualification from public service, to vote and to participate in any pubic election. (PNA)
