Article 94Supplement v1, p. 94

COMMERCIAL LAWS SUPPLEMENT

office;

or

order

the

permanent

closure

of

any

establishment violating the provisions of this Act;

(12) He may initiate summary proceedings to cause the

seizure by the Government of basic necessities and prime

commodities subject of a violation of this Act and order

their sale to the public at reasonable prices whenever the

nature of or the demand for such goods so requires:

Provided , That, pending litigation, the proceeds of the

sale shall be held in trust or escrow by the implementing

agency: Provided, further , That, should the owner of the

basic necessity or prime commodity seized and sold be

found not liable for the violation which was the basis of

the seizure, the proceeds from their sale shall be paid to

him, otherwise, they shall accrue to the general fund of

the Government and: Provided, finally , That, the head of

the implementing agency shall cause the broadcast in

radio or television and the publication in at least two (2)

newspapers of general circulation of the fact of sale or

disposition of such seized goods at least three (3) days

before the date of sale or disposition;

(13) He may initiate action and cause the prosecution

before the proper court of law of violations of this Act;

(14) He may deputize and enlist the assistance of any

government

official

or

agency

in

carrying

out

the

provisions of this Act; and

(15) Such other functions and ancillary powers as may be

necessary to effectively implement this Act.

SECTION 11. Price Coordinating Council . — There is hereby

created a Price Coordinating Council, hereinafter referred

to as the Council, to be composed of the following

members:

(1) The Secretary of Trade and Industry, as chairman;

(2) The Secretary of Agriculture;

(3) The Secretary of Health;

(4) The Secretary of Environment and Natural Resources;

(5) The Secretary of Local Government;

(6) The Secretary of Transportation and Communications;

(7) The Secretary of Justice;

(8) The Secretary of Energy;

(9) The Director General of the National Economic and

Development Authority;

(10) One (1) representative from the consumers' sector;

(11) One (1) representative from the agricultural producers'

sector;

(12) One (1) representative from the trading sector; and

(13) One (1) representative from the manufacturers' sector.

(as amended by RA No 10623)

The sectoral representatives of the Price Coordinating

Council shall be appointed by the President for a term of

one (1) year, without prejudice to reappointment for

another term.

The Council shall meet every quarter and whenever the

President or the Chairman shall convene the same. Each

member shall receive reasonable reimbursements for

transportation.

Members from the government sector may designate

their representative to the Council;

The Department of Trade and Industry shall provide the

secretariat to the Council from its existing organizational

structure.

SECTION 12. Functions of the Price Coordinating Council .

— The Price Coordinating Council shall have the following

functions;

(1) It shall coordinate the productivity, distribution and

price stabilization programs, project and measures of the

Government and develop comprehensive strategies to

effect a general stabilization of prices of basic necessities

and prime commodities at affordable levels;

(2)

It shall report at least semi-annually to the President

and to the Congress of the Philippines the status and

progress

of

the

programs,

projects,

and

measures

undertaken by each implementing department, agency

or

office

as

well

as

the

comprehensive

strategies

developed by the Council to stabilize the prices of basic

necessities and prime commodities. The report shall

include goods that have been included or excluded from

the list of basic necessities and prime commodities as

provided for under Section 4 of this Act; (as amended by

RA No 10623)

(3) It shall advise the President on general policy matters

for

promotion

and

improvement

in

productivity,

distribution and stabilization of prices of basic necessities

and prime commodities;

(4)

It

may

require from its members or any other

government agency such information as it may deem

necessary, and conduct public hearings for purposes of

assessing the supply, distribution and price situation of

any basic necessity or prime commodity;

(5) It shall publicize from time to time developments in

productivity,

supply,

distribution

and

prices of basic

necessities and prime commodities; and

(6) Whenever automatic price control of basic necessities

is imposed under Section 6 of this Act, it shall cause the

immediate dissemination of their prevailing prices or the

price ceilings imposed in lieu thereof, as the case may be,

through publication in a newspaper of general circulation

in the area affected, and through broadcast by radio and,

whenever

the

same

is

deemed

to materially make

dissemination

of

the

information

more effective, by

television.

It

may

also

disseminate

the

information

through posting in public markets, supermarkets and

other public places.

SECTION

13.

The

Price

Action

Officer:

Powers

and

Functions . — Whenever the President deems it necessary,

he

may

appoint any of the members of the Price

Coordinating Council as Price Action Officer for the

duration of the automatic price control under Section 6 of

this

Act

who

shall

have

the

following

powers and

functions:

(1) He shall carry out, implement and enforce the policies

and decisions of the Council;

(2) He shall coordinate the actions of all implementing

agencies involved in the monitoring and investigation of

abnormal

price

movements

and

shortages

of

basic

necessities and prime commodities;

(3) He may call upon any official, agent, employee, agency

or instrumentality of the national or local government for

any other assistance that he may deem necessary to

carry out the purposes of this Act;

(4)

He

shall

establish

linkage

and

coordinate

with

nongovernment or private organizations in the affected

are to assist in the monitoring and implementation of

price control therein; and

(5) He shall exercise such other functions and duties as

may be given to him by the President.

SECTION 14. Role of the National Statistics Office . — The

National

Statistics

Office

shall

conduct independent

periodic surveys and studies of the selling prices of all

basic necessities and prime commodities all over the

country as well as their share or effect on the family

income of the different economic groups in the country

for purposes of serving as database for government

efforts

to

stabilize

prices, as well as evaluating the

effectivity of the same.

SECTION 15. Penalty for Acts of Illegal Price Manipulation .

— Any person who commits any act of illegal price

manipulation of any basic necessity or prime commodity

under

Section

5

hereof

shall

suffer

the

penalty

of

imprisonment for a period of not less than five (5) years

nor more than Fifteen (15) years, and shall be imposed a

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