Section 19Sec./Art. 19

Custody of Confiscated, Seized, or Surrendered Products and Properties in the Agricultural Crimes of Economic Sabotage and Other Prohibited Acts; Destruction of Smuggled Products; Disposition or Donation of Locally Sourced Products. - The Council shall take charge and custody of all confiscated, seized, or surrendered agricultural and fishery products subject of the crime of economic sabotage and the properties used in the commission thereof, which shall be disposed of in the following manner:

(a) The Enforcement Group, which may be composed of any member or a combination of its members, shall conduct a physical inventory and valuation of the seized items immediately after seizure and confiscation of the agricultural and fishery products and properties used in the commission of the crime and shall take a video recording and/or photograph of the same;

(b) Within twenty-four (24) hours upon confiscation or seizure of the agricultural and fishery products and properties, the same shall be stored in a place to be designated by the Council for the purpose of preserving the evidence and determining the value of agricultural and fishery products and properties that were seized or confiscated, which shall serve as the basis for determining the amount of compensation pursuant to Section 16(o) of this Act: Provided, That for evidentiary purposes, a video recording or photograph products of highly perishable products taken in the presence of a representative of the Council shall suffice, after which the destruction of the products subject of the crime of agricultural smuggling or the disposal or donation of products subject of the crimes of hoarding, profiteering, and cartel, as provided in this section, may proceed;

(c) After the filing of the criminal case, the court may, within seventy-two (72) hours, conduct an ocular inspection of the confiscated, seized, or surrendered agricultural and fishery products.ℒαwρhi৷ Within twenty-fours (24) hours thereafter, the Enforcement Group, through a member or combination of the members, shall facilitate the destruction of the products subject of smuggling in the presence of representatives from the media, the DOJ, the agricultural and fisheries sector, and an elected public official. The Council shall drawn up the guidelines on the manner of proper destruction of such item/s, the expenses for the destruction of which shall be borne by the offender.

A government officer or employee who violates the mandatory destruction of agricultural and fishery products under this Act shall be held administratively liable; and

(d) Any member of the Enforcement Group in-charge of the destruction shall issue a sworn certification as to the fact of destruction of the subject item/s which shall be submitted to the court having jurisdiction over the case.

Provided, That locally sourced agricultural and fishery products subject of the crimes of hoarding, profiteering, and cartel may be donated by the Council to the Department of Social Welfare and Development or LGUs, or disposed of in any manner:

Provided, further, That properties used in the commission of the crimes of agricultural economic sabotage such as, but not limited to, vehicles, vessels, aircrafts, storage areas, warehouses, boxes, cases, trunks, and other containers of whatever character confiscated, seized, or surrendered in favor of the government, may be auctioned off, subject to existing rules and regulations.

The proceeds of the auction of the properties shall be deposited in a special account created in the name of the Council to be used as additional funding in the establishment and maintenance of the DPI, the operations of the Enforcement Group, monetary rewards and other incentives to informers, and the compensation of damages arising from wrongful or illegal seizure, confiscation, destruction, or disposal of agricultural and fishery products and properties, among others.