Another measure filed by Senior Deputy Majority Leader and Ilocos Norte 1st district Rep. Sandro Marcos has been approved on third and final reading by his colleagues in the House of Representatives.

Ilocos Norte 1st district Rep. Sandro Marcos (Noel Pabalate/ MANILA BULLETIN)

Given final approval by the House plenary during session Monday, Dec. 12 was House Bill (HB) No. 3917, which seeks to amend sections 3 and 4 of Republic Act (RA) No.10845, otherwise known as The Anti-agricultural Smuggling Act of 2016.

The bill, which was also principally authored by Puwersa ng Bayaning Atleta (PBA) Party-List Rep. Migs Nograles, mainly seeks to declare as “economic sabotage” the smuggling of tobacco products into the country. Marcos's home region is a major producer of tobacco.

Under the amendment sought by HB No.3917, the crime of economic sabotage through large-scale agricultural smuggling of tobacco, whether manufactured or unmanufactured, including finished products such as cigars, cigarettes or heated tobacco products, with a minimum excise tax and vat payable in the amount of one million pesos P1 million, as valued by the Bureau of Customs (BOC), is defined as committed by importing into the Philippines without the required import permit from the regulatory agencies; using import permits of persons, natural or juridical, other than those specifically named in the permit; or using fake, fictitious or fraudulent import permits or shipping documents, among others.

The current law only penalizes large-scale smuggling of sugar, corn, pork, poultry, garlic, onion, carrots, fish, and cruciferous vegetables, in its raw state, or which have undergone the simple processes of preparation or preservation for the market, with a minimum amount of P1 million or rice, with a minimum amount P10 million.

The proposed measure also penalizes the broker, agent, facilitator, forwarder, or warehouse lessor of the violating importer; and allowing the use of a private port, fish port, fish landing site, resort, and/or airport to perpetuate the economic sabotage regardless of quantity.

The bill also amends Section 4 of the law by imposing the penalty of imprisonment of 30 to 40 years, and a fine of twice the fair value and the aggregate amount of the taxes, duties and other charges avoided by the smuggling of tobacco, whether manufactured or unmanufactured, including finished products such as cigars, cigarettes or heated tobacco products.

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These penalties may be imposed on registered owner and its lessee or charterer of a chartered boat, truck, warehouse or president or chief executive officer of the private port, fish port, fish landing sites, resorts, who knowingly transport the tobacco product subject to economic sabotage. The offense is non-bailable.

“I’m really happy that we were able to pass this measure before the Christmas break. Me and Congressman Marcos are really hoping to provide some relief for our tobacco farmers who are suffering because of rampant cigarette smuggling,” said Assistant Majority Leader Nograles, who like the Ilocano is a neophyte House member.

The measure was passed on second reading only last Dec. 6 on the strength of sponsorship speeches from Marcos and Nograles.