Section 41Sec./Art. 41

Penalties. Any person found in violation of the following acts shall have the following administrative and criminal penalties:

(a) Section 38 (a)(1):

(1) First offense Administrative penalty of fine amounting to a minimum of Five thousand pesos (P5,000.00) for each day of operation without the required license, permit, certificate, or registration,

(2) Second offense Administrative penalty of fine amounting to a minimum of Ten thousand pesos (P10,000.00) for each day of operation without the required license, permit, certificate, or registration, and

(3) Third offense Administrative penalty of fine amounting to a minimum of Twenty thousand pesos (P20,000.00) for each day of operation without the required license, permit, certificate, or registration;

(b) Section 38 (a)(2):

(1) First offense Administrative penalties of fine amounting to a minimum of Twenty-five thousand pesos (P25,000.00) for very LPG pressure vessel or seal and confiscation of pressure vessels or seals,

(2) Second offense Administrative penalties of fine amounting to a minimum of Fifty thousand pesos (P50,000.00) for every LPG pressure vessel or seal, confiscation of pressure vessels or seals, and suspension of license to operate. Upon conviction, the criminal penalty of imprisonment for at least one (1) year but not more than three (3) years, and

(3) Third offense Administrative penalties of fine amounting to a minimum of One hundred thousand pesos (P100,000.00) for every LPG pressure vessel or seal, confiscation of LPG pressure vessels or seals, closure, and permanent disqualification from engaging in any activity as an PLG industry participant. Upon conviction, the criminal penalty of imprisonment for at least three (3) years and one (1) day but not more than six (6) years;

(c) Section 38 (b):

(1) First offense Administrative penalties of fine amounting to a minimum of Ten thousand pesos (P10,000.00) for every LPG pressure vessel or seal and, if applicable, closure until the required licenses and permits are secured,

(2) Second offense Administrative penalties of fine amounting to a minimum of Twenty thousand pesos (P20,000.00) for every LPG pressure vessel or seal, whichever is applicable, suspension of license to operate, and if applicable, closure until the required licenses and permits are secured. Upon conviction, the criminal penalty of imprisonment of at least six (6) months but not more than one (1) year, and

(3) Third offense Administrative penalties of fine amounting to a minimum of Thirty thousand pesos (P30,000.00) for every LPG pressure vessel or seal, closure, and permanent disqualification from engaging in any activity as an LPG industry participant. Upon conviction, the criminal penalty of imprisonment of one (1) year and one (1) day but not more than three (3) years;

(d) Section 38 (c)(1) and (c)(6):

(1) First offense Administrative penalty of fine amounting to a minimum of Three hundred thousand pesos (P300,000.00): Provided, That for retail outlets the fine shall be a minimum of Ten thousand pesos (P10,000.00),

(2) Second offense Administrative penalty of fine amounting to a minimum of Five hundred thousand pesos (P500,000.00) and suspension of license to operate: Provided, That for retail outlets the fine shall be a minimum of Twenty thousand pesos (P20,000.00). Upon conviction, the criminal penalty of imprisonment of at least one (1) year but not more than three (3) years, and

(3) Third offense Administrative penalties of fine amounting to a minimum of One million pesos (P1,000,000.00), closure, and permanent disqualification from engaging in any activity as an LPG industry participant: Provided, That for retail outlets the fine shall be a minimum of Thirty thousand pesos (P30,000.00). Upon conviction, the criminal penalty of imprisonment of at least three (3) years and one (1) day nut not more than six (6) years;

(e) Section 38 (c)(2), (c)(3), (c)(4), and (c)(5):

(1) First offense Administrative penalties of fine amounting to a minimum of Twenty-five thousand pesos (P25,000.00) for every LPG pressure vessel or seal and confiscation of the said LPG pressure vessel or seal,

(2) Second offense Administrative penalties of fine amounting to a minimum of Fifty thousand pesos (P50,000.00) for every LPG pressure vessel or seal, confiscation of said LPG pressure vessel or seal, and suspension of license to operate. Upon conviction, the criminal penalty of imprisonment for at least one (1) year but not more than three (3) years, and

(3) Third offense Administrative penalties of fine amounting to One hundred thousand pesos (P100,000.00) for every LPG pressure vessel or seal, confiscation of said LPG pressure vessel or seal, closure, and permanent disqualification from engaging in any activity as an LPG industry participant. Upon conviction, the criminal penalty of imprisonment for at least three (3) years and one (1) day but not more than six (6) years;

(f) Sections 38 (d) and 40:

(1) First offense Administrative penalties of fine amounting to a minimum of Twenty-five thousand pesos (P25,000.00) for every LPG pressure vessel, or seal and confiscation of said LPG pressure vessel or seal: Provided, That in the case of broken seals, the fine shall be a minimum of One thousand pesos (P1,000.00) for every LPG cylinder. In the case of illegal refilling, upon conviction, the criminal penalty shall be imprisonment of six to twelve (6-12) years,

(2) Second offense Administrative penalties of fine amounting to a minimum of Fifty thousand pesos (P50,000.00) for every LPG pressure vessel or seal, confiscation of said LPG pressure vessel or seal, and suspension of license to operate. Upon conviction, criminal penalty of imprisonment for at least one (1) year but not more than three (3) years. In the case of broken seals, the administrative penalty of fine shall be a minimum of Four thousand pesos (P4,000.00) for every LPG cylinder and there shall be no criminal liability. In the case of illegal refilling, upon conviction, the criminal penalty shall be imprisonment of six to twelve (6-12) years, and

(3) Third offense Administrative penalties of fine amounting to a minimum of One hundred thousand pesos (P100,000.00) for every LPG pressure vessel or seal, closure and permanent disqualification from engaging in any activity as an LPG industry participant. Upon conviction, criminal penalty of imprisonment for at least three (3) years and one (1) day but not more than six (6) years. In the case of broken seals, the administrative penalty of fine shall be a minimum of Eight thousand pesos (P8,000.00) for every LPG cylinder and there shall be no criminal penalty. In the case of illegal refilling, upon conviction, the criminal penalty shall be imprisonment of six to twelve (6-12) years.

The illegally refilled LPG cylinders in Section 40 (c), (d), (e), (f), (g), and (h) shall be confiscated outright;

(g) Section 38 (e)(1), (e)(4), and (e)(5):

(1) First offense Administrative penalty of fine amounting to a minimum of Twenty thousand pesos (P20,000.00),

(2) Second offense Administrative penalties of fine amounting to a minimum of Fifty thousand pesos (P50,000.00) and suspension of license to operate, and

(3) Third offense Administrative penalties of fine amounting to a minimum of One hundred thousand pesos (P100,000.00), closure, and permanent disqualification from engaging in any activity as an LPG industry participant;

(h) Section 38 (e)(2) and (e)(3):

(1) First offense Administrative penalty of fine amounting to a minimum of Three hundred thousand pesos (P300,000.00),

(2) Second offense Administrative penalties of fine amounting to a minimum of Five hundred thousand pesos (P500,000.00) and the suspension of license to operate, and

(3) Third offense Administrative penalties of fine amounting to a minimum of One million pesos (P1,000,000.00), closure and permanent disqualification from engaging in any activity as an LPG industry participant;

(i) Section 38 (f)(1):

(1) First offense Administrative penalties of fine amounting to a minimum of Twenty-five thousand pesos (P25,000.00) for every LPG pressure vessel and confiscation of said LPG pressure vessel,

(2) Second offense Administrative penalties of fine amounting to a minimum of Fifty thousand pesos (P50,000.00) for every LPG pressure vessel, confiscation of the said LPG pressure vessel, and suspension of the license to operate. Upon conviction, the criminal penalty of imprisonment for at lease one (1) year but not more than three (3) years, and

(3) Third offense Administrative penalties of fine amounting to a minimum of One hundred thousand pesos (P100,000.00) for every LPG pressure vessel, confiscation of the said LPG pressure vessel, closure, and permanent disqualification from engaging in any activity as an LPG industry participant. Upon conviction, the criminal penalty of imprisonment for at least three (3) years and one (1) day but not more than six (6) years;

(j) Section 38 (f)(2), (f)(4), (f)(5), and (f)(6): Administrative penalties of fine amounting to a minimum of One million pesos (P1,000,000.00), closure, and permanent disqualification from engaging in any activity as an LPG industry participant. Upon conviction, the criminal penalty of imprisonment for at least six (6) months and one (1) day to six (6) years;

(k) Section 38 (f)(3):

(1) First offense Administrative penalties of a warning and a fine of Five thousand pesos (P5,000.00) for the failure or refusal to refund the deposit of each LPG cylinder,

(2) Second offense Administrative penalties of fine of Ten thousand pesos (P10,000.00) for the failure or refusal to refund the deposit of each LPG cylinder and the suspension of license to operate, and

(3) Third offense Administrative penalties of fine of Twenty thousand pesos (P20,000.00) for the failure or refusal to refund the deposit of each cylinder, closure, and permanent disqualification from engaging in any activity as an PLG industry participant; and

(l) Section 39:

(1) First offense Administrative penalty of fine amounting to a minimum of Twenty thousand pesos (P20,000.00) for very LPG pressure vessel. Upon conviction, the criminal penalty of imprisonment of six to twelve (6-12) years,

(2) Second offense Administrative penalties of fine amounting to a minimum of Thirty thousand pesos (P30,000.00) for every LPG pressure vessel, closure and permanent disqualification from engaging in any activity as an LPG industry participant. Upon conviction, the criminal penalty of imprisonment of six to twelve (6-12) years.