ILLEGAL IMPORTATION, SELLING OR OFFERING FOR SALE AND/OR UNAUTHORIZED POSSESSION OF ILLEGALLY IMPORTED RICE

Pursuant to PD 4 (NGA Act), as amended by RA 8179 (Agricultural Tariffication Act) granting the NFA the power to undertake direct importation of rice and to promulgate such rules and regulations as may be necessary to carry out the provisions of the act, with the exception of importation of special rice varieties duly authorized and undertaken by NFA on behalf of certified and licensed importers, it shall be unlawful for any person, natural or juridical, to do the following acts:

1.    Importation of rice, irrespective of variety or milling degree.
2.    Selling and offering for sale of illegally imported rice, irrespective of quantity.
3.    Possession of illegally imported rice.

Accordingly, failure of the person apprehended for importing, selling or offering for sale and/or possession of imported rice to present documents showing that such importation, selling or possession has been duly authorized by the NFA is a prima facie evidence of violation of this Letter Circular.

Any person who violates any provision of this Letter-Circular shall subject the offender to criminal prosecution under Sec. 29 of Presidential Decree No. 4, as amended, which imposes a penalty of imprisonment or fine or both such fine and imprisonment at the discretion of the Court. In accordance with the Rules of Court, The judge may order the seizure of the imported rice, or of the proceeds of its sale, or of any property used in the commission of the offense or which may be used as evidence in the prosecution of the offense. The offender may also be subject of an administrative proceedings where the penalty of suspension and/or cancellation of NFA license, and/or fine of not less than P 12,000.00 nor more than P 15,000.00 may be imposed. The NFA may issue cease and desist orders pending the termination of the administrative case.

If the violation is committed by a corporation, partnership or association, the penalty shall be imposed upon the President, Directors, Manager, Managing Partner, as the case maybe, or other officials thereof, responsible for such violation.

Further, pursuant to Section 6, paragraph a, subsection (x) of Presidential Decree No. 4, as amended, and to be able to enforce the provisions of this Letter-Circular, the Administrator is hereby authorized to call upon and to deputize any NFA officials and employees or officials of other government agencies as may be necessary to assist the National Food Authority in carrying out its functions.

This Letter-Circular revokes Letter-Circular No. (IR) 94-01 and shall take effect fifteen (15) days following its publication once in three (3) newspapers of general circulation and filing with the U.P. Law Center.

Adopted: 30 Oct. 1997

(SGD.) JOEMARI D. GEROCHI
Administrator