The Anti-Agricultural Economic Sabotage (AAES) council should set guidelines that would allow the donation of seized agricultural and fishery products that are safe for human consumption, the Department of Justice (DOJ) said.

The recommendation was contained in a legal opinion issued by DOJ Acting Secretary Fredderick A. Vida and addressed to Department of Finance (DOF) Secretary Frederick D. Go.

Vida said the AAES council, in consultation with the DOF and Bureau of Customs (BOC), must adopt the necessary guidelines so that smuggled goods certified safe and fit for consumption may, under interagency supervision and with the approval of the Secretary of Finance, be donated to appropriate beneficiaries pursuant to Section 1141 of Republic Act (RA) No. 10863, the Customs Modernization and Tariff Act (CMTA).

“The power to create these rules stems from the specific law itself, often containing a provision that mandates the relevant agency to issue rules and regulations to ‘effectively implement the provisions of this Act’ and harmonize with other related laws,” Vida also said in the legal opinion dated Dec. 12, 2025.

The legal opinion was sought in response to the AAES Executive Committee meeting last Aug. 29, 2025 where the BOC expressed intent to turn over forfeited fishery products that were seized in a joint operation conducted by several agencies.

However, the AAES Executive Committee has expressed concern over the need to harmonize the CMTA and RA No. 12022, the Anti-Agricultural Economic Sabotage Act (AAES Act).

“Section 19 of the AAES Act provides that smuggled agricultural and fishery products shall be destroyed after judicial inspection, while locally sourced products involved in hoarding, profiteering, or cartel may be donated to the Department of Social Welfare and Development (DSWD) or LGUs (local government units), or otherwise disposed of in accordance with law,” said Vida.

Despite the clear wording of the law, Vida said the DOJ believes that “smuggled agricultural and fishery products may still be donated, provided it (the donation) be coursed through the BOC, pursuant to Section 20 of the AAES Act in relation to Section 1141 of the CMTA.”

He pointed out that the jurisdiction and powers of the BOC remain intact and includes “the BOC's authority to dispose of smuggled goods, and under certain circumstances, donate these to other government agencies, such as the DSWD, pursuant to Section 1141 of the CMTA.”

He also said that allowing the donation of smuggled but safe and fit for human consumption agricultural and fishery products aligns with the declared policy of the AAES Act to protect consumers, safeguard food security, and prevent manipulative market practices.

“Donation, when tightly regulated and limited to goods certified fit for human consumption, prevents wastage, supports vulnerable communities, and upholds the Act's broader objective of ensuring the well-being of consumers and the soundness of the agriculture and fisheries sectors,” he added.