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A bill seeking to create a court that will try cases related to smuggling, hoarding, profiteering, and cartel of agricultural products has been filed at the Senate
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Senate Bill No. 1963 aims to establish the Anti-Agricultural Smuggling Court, which will be granted exclusive original jurisdiction over cases involving agricultural products
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Bill author Senator Cynthia Villar pointed out that even with the existence of a law against agricultural smuggling, there have been no smugglers charged with economic sabotage
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Villar said SB 1963 aims to amend RA 10845 to give it “more teeth” and to include hoarding, price manipulation, and cartel as economic sabotage and make it non-bailable
A bill creating the Anti-Agricultural Smuggling Court has been filed at the Senate.
Under Senate Bill (SB) No. 1963, authored by Senator Cynthia Villar, the court will have exclusive jurisdiction in trying cases related to smuggling, hoarding, profiteering, and cartel of agricultural products.
During a Senate Committee on Justice and Human Rights hearing on May 2, Villar said she believes Republic Act (RA) No. 10845, or the Anti-Agricultural Smuggling Act of 2016, will be implemented effectively if there is a court dedicated to smuggling, hoarding, profiteering and cartel of agricultural products.
Villar pointed out that even with the existence of a law against agricultural smuggling, there have been no smugglers charged with economic sabotage, a statement confirmed by the Bureau of Customs (BOC) and Department of Justice (DOJ) at the hearing.
BOC said it has filed 24 cases in 2022 and 46 cases so far in 2023 of large-scale agricultural smuggling before the Department of Justice (DOJ). These are still for preliminary investigation.
In a statement, the BOC said: “The BOC supports the establishment of an Anti-Agricultural Smuggling Court. We believe that the Anti-Agricultural Smuggling Court will expedite the resolution of criminal cases involving agricultural products and will ultimately curb smuggling activities. The BOC remains committed to cooperating with the Legislative Department, which is currently deliberating on the bill creating the said court.”
The DOJ, during the same hearing, said from 2016 to February 2023, there were 159 cases of agricultural smuggling filed before it. Of these, only nine were filed in court and are still ongoing while 76 or 48% have been dismissed.
Villar said SB 1963 aims to amend RA 10845 to give it “more teeth” and to include hoarding, price manipulation, and cartel as economic sabotage and make it non-bailable.
SB 1963 also aims to ensure that individuals and organizations involved in agricultural smuggling are held accountable for their actions. This includes imposing penalties, fines, and other legal sanctions for those found guilty.
“As per the agricultural industry, the court will also help prevent the further spread of smuggled agricultural products and protect the interests of local farmers,” Villar said in the bill’s explanatory note.
Under SB 1963, the Anti-Agricultural Smuggling Court will be on the same level of the Sandiganbayan and the Court of Appeal, possessing all the inherent powers of a Court of Justice, and will consist of four divisions composed of three justices each for the National Capital Region, Bulacan, Cebu, and Davao.
The court will have exclusive original jurisdiction on all cases involving all violations of RA 10845 and will have primary jurisdiction over search and seizure of any object or person to be done by appropriate law enforcement agencies with respect to smuggling, hoarding, profiteering and cartel of agricultural products.
Its jurisdiction also covers all cases involving smuggling, hoarding, profiteering and cartel of agricultural products.
During the Committee on Justice and Human Rights hearing, a technical working group will be created to fine-tune the bill.
