Section 9Sec./Art. 9

Agricultural Profiteering as Economic Sabotage. - Agricultural profiteering as economic sabotage is the sale or offer for sale of agricultural and fishery products at a price at least ten percent (10%) in excess of the DPI, at the time of the declaration of an abnormal situation by the Council, or emergency or state of calamity by competent authority.

Profiteering shall not apply to retailers who purchase goods from wholesalers, importers, or producers, and directly sell in smaller quantities to the general public, usually in wet markets, talipapa, and cooperative stores with capitalization not exceeding Two hundred thousand pesos (P200,000.00), and farmers and fisherfolk selling their own harvest, produce, or catch.

There shall also be a prima facie evidence of profiteering whenever a product is sold or offered for sale at a price thirty percent (30%) in excess of the DPI at the time of said declaration.

Profiteering shall not apply to price increase, set by manufacturers of tobacco as a consequences of mandated excise tax increases in accordance with law.

The Enforcement Group, on the strength of a LOA issued by the Council, shall have the authority to visit areas where the agricultural and fishery products suspected to be the subject of profiteering are located and shall give due notice to the relevant persons, who may be the owner, possessor, or person exercising control over the agricultural and fishery products to provide justification for the unreasonable price increase, such as cost of acquisition and sales receipts, within twenty-four (24) hours, pending which the products shall be placed in the constructive custody of the Enforcement Group.

In the event that the relevant person fails to provide justification for the unreasonable price increase within twenty-four (24) hours, the Enforcement Group shall immediately apply for a seizure order and file the relevant case or criminal action in court. Pending the issuance or denial of the seizure order, the subject goods shall remain in constructive custody.