Manila Bulletin
Philippines
Government issues joint circular on seizure, forfeiture, disposition of basic goods, health products
Philippines
Government issues joint circular on seizure, forfeiture, disposition of basic goods, health products
Government issues joint circular on seizure, forfeiture, disposition of basic goods, health products
Published Apr 24, 2020 12:00 am
By Rey Panaligan
Six government agencies have issued a joint circular for the seizure and forfeiture of prime commodities, particularly health products and personal protective equipment (PPE), from persons and establishments engaged in fraudulent practices and their immediate disposition for use in the fight against coronavirus disease (COVID-19).
Department of Justice (DOJ) Undersecretary Markk Perete (Photo courtesy of dumaguetecity.gov.ph / FILE PHOTO / MANILA BULLETIN FILE PHOTO)
Department of Justice (DOJ) Undersecretary Markk Perete said late Friday afternoon (April 24) the circular “deputizes the Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG), the National Bureau of Investigation (NBI), and other law enforcement agencies to conduct operations against persons and establishments violating the Price Act or the Customs Modernization and Tariff Act (CMTA), and to confiscate goods from said persons or establishments.”
Perete said the confiscated commodities and health products will be turned over either to the Department of Trade and Industry (DTI), the Department of Health (DOH), or Department of Agriculture (DA), which will initiate summary seizure proceedings.
“Upon presentation of substantial evidence that the goods were imported, held, or otherwise possessed by the person or establishment in violation of the Price Act or the CMTA, the goods will be formally seized and thereafter either forfeited in favor of the government or disposed of in accordance with law,” he said.
“In cases where the law requires the holding of a public auction or sale as a mode of disposition, the government is given the preference to purchase the goods at the suggested retail price (SRP). In the absence of an SRP, purchase will be at the market price. When permitted by law, outright donation to the government shall be resorted to,” he also said.
At the same time, Perete said “the joint circular requires law enforcers and the agency conducting seizure proceedings to strictly follow rules on the inventory of confiscated goods so as to avoid compromising the criminal prosecution where such goods are originally supposed to be used as evidence.”
The circular also “directs prosecutors to cause the transfer of custody of these goods to the appropriate agency for seizure,” he added.
In the case of confiscated health and medical supplies, “consultation with the Food and Drug Administration (FDA) and other regulatory agencies is required prior to the seizure,” he pointed out.
The joint circular was issued by the DOJ, DOH, DA, DTI, Department of the Interior and Local Government (DILG), and the Bureau of Customs.
Perete explained that “the joint circular has been issued to ensure that prime commodities, especially medical supplies and personal protective equipment, seized from persons and establishments engaged in illegal importation, hoarding, price manipulation, and fraudulent practices are made immediately available for use by hospitals and medical facilities.”
Department of Justice (DOJ) Undersecretary Markk Perete (Photo courtesy of dumaguetecity.gov.ph / FILE PHOTO / MANILA BULLETIN FILE PHOTO)
Department of Justice (DOJ) Undersecretary Markk Perete said late Friday afternoon (April 24) the circular “deputizes the Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG), the National Bureau of Investigation (NBI), and other law enforcement agencies to conduct operations against persons and establishments violating the Price Act or the Customs Modernization and Tariff Act (CMTA), and to confiscate goods from said persons or establishments.”
Perete said the confiscated commodities and health products will be turned over either to the Department of Trade and Industry (DTI), the Department of Health (DOH), or Department of Agriculture (DA), which will initiate summary seizure proceedings.
“Upon presentation of substantial evidence that the goods were imported, held, or otherwise possessed by the person or establishment in violation of the Price Act or the CMTA, the goods will be formally seized and thereafter either forfeited in favor of the government or disposed of in accordance with law,” he said.
“In cases where the law requires the holding of a public auction or sale as a mode of disposition, the government is given the preference to purchase the goods at the suggested retail price (SRP). In the absence of an SRP, purchase will be at the market price. When permitted by law, outright donation to the government shall be resorted to,” he also said.
At the same time, Perete said “the joint circular requires law enforcers and the agency conducting seizure proceedings to strictly follow rules on the inventory of confiscated goods so as to avoid compromising the criminal prosecution where such goods are originally supposed to be used as evidence.”
The circular also “directs prosecutors to cause the transfer of custody of these goods to the appropriate agency for seizure,” he added.
In the case of confiscated health and medical supplies, “consultation with the Food and Drug Administration (FDA) and other regulatory agencies is required prior to the seizure,” he pointed out.
The joint circular was issued by the DOJ, DOH, DA, DTI, Department of the Interior and Local Government (DILG), and the Bureau of Customs.
Perete explained that “the joint circular has been issued to ensure that prime commodities, especially medical supplies and personal protective equipment, seized from persons and establishments engaged in illegal importation, hoarding, price manipulation, and fraudulent practices are made immediately available for use by hospitals and medical facilities.”