Bright hope against agri-smuggling
By Danilo P. Padua
“One might think that it was purposely done so. Or, the lawmakers were not properly equipped with the necessary foresight to make a law effective? Of course, both are possibilities but I don’t want to think of them as a reality.”
It is a breathe of fresh air, especially for the agriculture sector. New hope and great expectation that could translate to a brighter future for farmers, fisherfolks. And a most welcome reprieve for the financially-challenged local consumers of agri-products.
I am talking about the new law signed by PBBM last Thursday, Sept 26, 2024. It is R.A. 12022 known as Anti-Agricultural Economic Sabotage Act.
In 2016, an Anti-Agricultural Smuggling Act was enacted. It was a law that I believe was crafted just to appease some sectors of Philippine Society. It was never aimed at really solving agricultural smuggling. Why? It has no teeth. Nobody was prosecuted for the act of agri-smuggling precisely because the law did not provide for relevant provisions on how to implement the law. In effect, there was a law, but there was no law.
One might think that it was purposely done so. Or, the lawmakers were not properly equipped with the necessary foresight to make a law effective? Of course, both are possibilities but I don’t want to think of them as a reality.
The 2016 law was almost like the International Arbitral Ruling re the West Philippine Sea dispute between China and the Philippines. We won the legal tussle but there was no mechanism on how to implement it. In short, it was unimplementable. In a sense, it was a hollow victory in my mind, at least up to this moment.
Well, the Anti-Agricultural Economic Sabotage Act of 2024 is hugely different from that of the 2016 law. Why? Unlike that of 28 years ago, it provides not only mechanism for its implementation but paves the way for the creation of several bodies for its enforcement. At least that is how it appears.
There is the Anti-Agricultural Economic Sabotage Council headed by the President, the Anti-Agricultural Economic Sabotage Enforcement Group, the Development of a team of prosecutors across the country, Daily Price Index, and Creation of Oversight committee. Those are indications that the framers of the present law mean business. Because of this, Cordillera farmers/gardeners should be jubilant, albeit cautious, due to the shining light ahead.
As the title of the law clearly suggests, it considers smuggling, hoarding, profiteering, and cartel operations involving agriculture and fishery products as economic sabotage which is a non-bailable offense punishable by life imprisonment and fines up to 5x the value of the smuggled goods.
What is also noteworthy is that the law targets not only masterminds but also financiers, accomplices, brokers, employees, transporters, etc. That means every one involved, government officials or private individuals, will not be spared. It is good under the law. Hopefully it will manifest itself on the ground to really paint satisfied grins on the faces of farmers and fisherfolks.
Sec Francisco Tiu Laurel, the DA Sec and surely a major factor in the enactment of the 2024 law explains that it has definitely more teeth than its 2016 counterpart. According to him, all warehouses of grains and cold storage facilities will be registered, for easier monitoring.
The law coverage is quite extensive: many major agriculture and fishery commodities including rice, corn, onion, garlic, carrots and other veggies, palm oil, palm olein, raw and refined sugar, tobacco, fruits, salt, fish, other aquatic resources in their raw state, beef and other ruminants, pork, and poultry.
Of course, the crafted law might be so good. Implementation however, is another thing. Also, it is a sure thing that there are weaknesses of the law. For example, some have already questioned the composition of the council where members are mostly department secretaries but it seems that it excludes farmers and fisherfolks. The raising of the amount considered as economic sabotage is another point. Before, the amount of only PhP 3.0 M of smuggled goods is already considered an economic sabotage; now it was raised to PhP10.0M. This could easily be taken advantage of by the hardened smugglers.
The selection of members to the other implementing groups could also be a source of dismay or stumbling block for the successful run of the law. There could be more. What is of good import is the vigilance and participation of the citizens-at-large in making sure that the law could take its due course.
Definitely significant is the enhancement of local programs for the increase in quantity and quality of agricultural and fishery production using available relevant technologies. We don’t need to be always reliant or at the mercy of other countries for the supply of our major foods like rice and corn.
Overall, I can really see a shining light in the very near future for farmers and fisherfolks. This should be also a boon to the consumers. Ultimately, this is necessary for food and national security.**