Section 10Sec./Art. 10

Powers and Responsibilities of Implementing Agencies. To carry out the intents and purposes of this Act, the head of the implementing agency shall have the following additional powers and responsibilities:

1. He shall, with the approval of the President, promulgate rules, regulations, and procedures for the implementation of this Act;

2. He shall develop, promulgate and implement programs, projects or measures to promote productivity in all basic necessities and prime commodities under his agency's jurisdiction;

3. He shall promote and facilitate the establishment of an effective procurement, storage, marketing and distribution system of basic necessities and prime commodities to ensure their availability in all areas of the country where they are needed;

4. During instances of panic-buying, he may, with the approval of the President, institute temporary measures to ensure orderly and equitable distribution to consumers of basic necessities and prime commodities in the affected area;

5. From time to time, he may issue suggested reasonable retail prices for any or all basic necessities and prime commodities under his jurisdiction for the information and guidance of producers, manufacturers, traders, dealers, sellers, retailers, and consumers;

6. He shall cause the immediate dissemination of any mandated price ceiling for any basic necessity or prime commodity under his agency's jurisdiction through publication in a newspaper of general circulation in the area affected, and through broadcast by radio, or whenever deemed to materially make dissemination of the information more effective, by television. He may also cause the information to be disseminated through posting in public markets, supermarkets or other public places;

7. He may, upon approval of the President, and subject to existing laws, rules and regulations on bidding, enter into any agreement with any local or foreign producer, manufacturer, supplier, distributor, or seller for the procurement of supplies or stocks of any basic necessity or prime commodity for purposes of buffer stocking:Provided, That, in areas where there are shortages or rampant illegal manipulation of prices, he may order their immediate sale;

8. He may, subject to existing laws, rules and regulations on bidding, enter into any agreement with owners or operators of warehouses or storage houses or with owners, operators or franchise holders of vehicles or public utilities for the storage, transport, or distribution of any basic necessity or prime commodity;

9. He may conduct investigations of any violation of this Act and, after due notice and hearing, impose administrative fines in such amount as he may deem reasonable which shall in no case be less than One thousand pesos (P1,000) nor more than One million pesos (P1,000,000). In the imposition of administrative fines, the following factors shall be taken into consideration:

a. Whether the subject of the violation is a basic necessity or a prime commodity; violations involving basic necessities shall be deemed more serious;

b. Whether the subject of the violation is under price control under Sections 6 and 7 of this Act; violations involving basic necessities and prime commodities under price control shall be deemed more serious;

c. The number of violations committed; respondents who had previously been found to have violated any of the provisions of this Act shall be imposed a higher fine; and

d. Such other considerations as may be deemed necessary to carry out the intents, purposes and provisions of this Act;

10. He may require the attendance and testimony of witnesses or the production of goods, objects, books, papers, documents, contracts, records, financial statements, accounts, agreements and such other evidences material in the determination of any violation of this Act;

11. Without prejudice to the power to issue temporary closure or temporary restraining order for a period which shall not be more than ten (10) days, he may, after due notice and hearing issue cease and desist orders; reprimand; censure; suspend, revoke or cancel any permit, license, authority or registration issued by hi 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 a 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 violators 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.