An agricultural group is backing the government’s position to use the Anti-Agricultural Economic Sabotage (AGES) Act in filing cases against the more than P200 million worth of frozen mackerel that were seized earlier by the Bureau of Customs at the Port of Manila.

Signed into law by President Marcos in September last year, the Anti-Agricultural Economic Sabotage (AGES) Act, or the Republic Act (RA) No. 12022, treats smuggling and hoarding of agricultural food products as economic sabotage when the value of goods exceeds P10 million.

In a statement, the Agricultural Sector Alliance of the Philippines, Inc. (AGAP) said that the statement of the Department of Agriculture to use the RA 12022 against the importers is logical  since no smuggler has been incarcerated for violating the Customs Modernization and Tariff Act (CMTA).

Unlike the RA 12022, AGAP partylist Rep. Nick Brioners said violations of the CMTA is a bailable offense.

“Unlike the AGES, it is non-bailable, with lifetime imprisonment, five times the fine, and those involved should already be in jail. AGAP lauds this decision because  such illegal activities have a huge impact on the local agriculture and fisheries sectors hurting farmers and fisherfolks,” said Briones.

He was reacting to the statement of DA Sec. Laurel who said that those responsible for the smuggling may face charges under the Anti-Agricultural Economic Sabotage Act, since the value of the seized cargo is more than P10 million. 

According to the Bureau of Customs, containers from China were put on hold on Jan. 20 after authorities received a request for an intrusive and non-intrusive examination from the Customs Intelligence and Investigation Service.

On Feb. 13, an alert order was issued by the Office of the District Collector against the subject shipment to prompt further investigation and later, the BOC stated that upon the conduct of a physical examination, they immediately ordered the issuance of a Warrant of Seizure and Detention for violation of Section 1113 in relation to Section 1400 of the CMTA.

Briones, however, said that the BOC should have used  the AGES Act since the shipment involved is P200 million.

“Why not turn-over the case to the NBI for them to investigate further and file a case in violation of the AGES Act. This is clearly technical smuggling and there was a misdeclaration, because it is worth P200 million, it is completely within the scope of the new law," he said.