Guidelines Imposing Price Ceiling On Certain Prime Commodities In The National Capital Region

SECTION 1. Definition of Terms –

a. Price ceiling means the maximum price at which a particular commodity under price control shall be sold.

b. Overpricing means the selling or offering for sale of a particular commodity at a price above the established price ceiling.

c. DTI means the Department of Trade and Industry.

d. Secretary means the Secretary of Trade and Industry.

SECTION 2. Prohibited Acts – No person shall sell
or offer to sell any of the prime commodities enumerated in Executive
Order No. 423 at a price higher than the price ceiling indicated
therein.

SECTION 3. Proof of Violation – Any one of the following shall be deemed sufficient proof of violation of this Order.

a. Price marked or attached to the commodity or listed in the price list which shows overpricing;

b. Receipt of any other proof of purchase, showing overpricing; or

c. Affidavit of at least two (2) persons attesting to the overpricing.

SECTION 4. Deputation of Government Agencies and Instrumentalities – The
Department of Trade and Industry may mobilize and deputize all
government agencies and instrumentalities including local government
units, Philippine Constabulary/Integrated National Police, and other law
enforcement agencies to strictly implement this Executive Order. 
Deputized agencies are authorized to form their own inspection and
enforcement teams to implement the aforementioned Executive Order.

SECTION 5. Powers and Functions of the Deputized Government Units and Agencies – They shall have the following powers and functions:

a. To implement and enforce the price ceilings of prime
commodities provided in Executive Order No. 423 as well as, any
adjustments thereof;

b. To monitor the agreed prices between producers, manufacturers,
distributors, wholesalers, and retailers on the one hand, and the
government on the other hand, as to the suggested price from the various
channels of distribution.

c. To harness the support of the private sector and various
non-government organizations (NGOs) for the effective implementation of
this Order.

d.  To submit such reports as may be required by the Secretary.

e. To receive complaints and act on the same in accordance with the provisions of Section 6 hereof.

SECTION 6. Administrative Procedure –

a. Administrative actions implemented by the Department of Trade
and Industry shall be conducted in accordance with the provisions of
Executive Order No. 913 and Ministry Order No.69, Series of 1983.

b. Administrative actions implemented by deputized agencies shall
be conducted in accordance with their respective ordinances or
charters.

In the event however that deputized agencies shall make use of DTI
representatives as hearing officers, the same shall be in accordance
with Executive Order No. 913 and Ministry Order No. 69, Series of 1983,
as follows:

1. Formal Charge – The formal charge stating the
circumstance of violation committed in the prescribed form and signed by
the deputized agent shall be served on the respondent.

2. Mediation – The mediation shall be conducted by a
Mediation Committee composed of a representative from DTI, the local
government representative appointed by the mayor and a private sector
representative from BBCVN.

The Mediation Officer shall call the parties to a conference within 48 hours from apprehension through a written notice.

3. Mediation Resolution Report – Upon termination of the
mediation, the Mediation Officer shall submit a report of his findings
and recommendations in the form prescribed together with all records and
evidences to the DTI-NCR Regional Office and if the latter agrees to
said recommendation the same shall be conveyed to the deputized agency
for implementation.  Fines collected pursuant to E.O. 913 shall be
remitted monthly to the DTI-NCR Cashier.

In the event that mediation fails, the case shall be elevated to the DTI Office of Legal Affairs for formal hearing.

SECTION 7. Administrative Penalties – In
administrative actions implemented by the Department of Trade and
Industry the penalties imposed shall be those provided in Executive
Order No. 913, s. of 1983 including but not limited to fines from
P500.00 to P150 ,000.00, confiscation of the subject of the offense and
the paraphernalia used in the commission thereof; closure and
cancellation of licenses, permits, and registration with the DTI.

SECTION 8. Other Sanctions – The administrative penalties mentioned in Section 7
hereof, shall be without prejudice to additional sanctions provided in
Executive Order No. 913 which may be imposed by the Mediation
Officer/Hearing Officer when the circumstances warrant for the separate
criminal prosecution of the violator under other existing laws.

The City/Municipal Mayor may, in addition to the above, exercise
police powers under existing laws and municipal, city, or MMA
ordinances.

SECTION 9. Criminal Procedures – In accordance
with Presidential Decree No. 1674 the usual judicial procedures for
prosecution of special laws shall be observed and such prosecution shall
be conducted by the appropriate provincial/city fiscal.

SECTION 10. Criminal Penalties – The following criminal fines shall be imposed for violations of price ceilings:

a. Fine of P2 ,000.00 to P20,000.00; and/or

b. Imprisonment of not less than six (6) months but not more than five (5) years.

SECTION 11.  Effectivity – This Order shall take effect immediately upon publication in a national newspaper of general circulation.

Adopted: 8 Oct. 1990