Full TEXT:

ORDINANCE NO. 2020-057

AN ORDINANCE PROHIBITING THE HOARDING AND PANIC-BUYING OF BASIC COMMODITIES AND ESSENTIAL SUPPLIES IN NAGA CITY IN TIMES OF EMERGENCY, CRISIS, DISASTER OR OTHER SIMILAR SITUATIONS

Author: Hon. Elmer S. Baldemoro

WHEREAS, RA 7160 under Section 16 provides every local government unit shall exercise its powers to promote the general welfare including the enhancement of social justice, and preservation of comfort and convenience of inhabitants:

WHEREAS, RA 7581 seeks to provide effective and sufficient protection to consumers with respect to the supply, distribution, marketing and pricing of said goods, especially against hoarding, profiteering and cartels during periods of calamity, emergency, widespread illegal price manipulation and other similar situations;

WHEREAS, it is the obligation of the Local Government of Naga to strengthen the capacities of its organization and communities in mitigating and preparing for, responding to and recovering from impacts of disaster, as provided for under RA 10121 or the Philippine Disaster Risk Reduction and Management Act of 2010;

NOW THEREFORE, BE IT ORDAINED by the Sangguniang Panlungsod of Naga, in session duly-assembled, that:

SECTION 1. SHORT TITLE. This ordinance, for brevity, may be cited as the “Anti-Panic Buying and Anti-Hoarding Ordinance of 2020.“

SECTION 2. DECLARATION OF POLICY. It is hereby declared as the policy of the LGU Naga, to ensure the availability of necessities and prime commodities at reasonable prices always without denying legitimate business a fair return on investment.

It is also a declared policy of the LGU-Naga to provide effective and sufficient protection to consumers against hoarding, profiteering and cartels with respect to the supply, distribution, marketing and pricing of basic commodities and essential supplies, especially during periods of emergency, crisis, disaster, or other similar situations.

SECTION 3. OBJECTIVES: This Ordinance shall have the following objectives:

a. to protect the people from undue shortages of basic commodities and essential supplies;

b. to protect the people from panic or danger that may be caused by abnormal buying and hoarding of basic commodities and essential supplies; and

c. to penalize the individuals and retailers committing panic buying and hoarding in times of emergency, crisis, disaster, or other similar situations affecting the locality.

SECTION 4. DEFINITION OF TERMS: For purposes of this Ordinance, the following terms shall mean:

a. “Basic commodities” include but not limited to rice; corn; bread; fresh, dried and canned fish and other marine products, fresh pork, beef and poultry meal; fresh eggs; fresh and processed milk; fresh vegetables; root crops; coffee; sugar; cooking oil; salt; laundry soap; detergents; firewood; charcoal; candles; drugs classified as essential by the Department of Health and other commodities classified as essential by various levels of disaster risk and reduction management councils;

b. “Panic-buying” is the abnormal phenomenon where consumers buy basic commodities grossly in excess of their normal requirement resulting in undue shortages of such goods to the prejudice of less privileged and disadvantaged consumers;

c. “Hoarding” is the undue accumulation by a person or combination of persons of any basic commodity beyond his/their normal inventory levels or the unreasonable limitation or refusal to dispose of, sell or distribute the stocks of any basic commodity to the general public or the unjustified taking out of any basic commodity from the channels of reproduction, trade, commerce and industry.

d. “Person” means a natural person or juridical person; and,

e. “Prime commodities” include fresh fruits; flour; dried, processed and canned pork; beef and poultry meat; dairy products not falling under basic necessities; noodles; onions; garlic; vinegar; patis; soy sauce; toilet soap; fertilizer; pesticides; herbicides; poultry; swine and cattle feeds; veterinary products for poultry, swine and cattle; paper; school supplies; nipa shingles; sawali; cement; clinker; GI sheets; hollow blocks; plywood; plyboard; construction nails; batteries; electrical supplies; light bulbs; steel wire; and all drugs not classified as essential drugs by the Department of Health.

SECTION 5. REGULATORY MEASURES: Upon declaration of state of calamity or public emergency by competent authority (e.g. President of the Philippines, and/or LGU-Naga), basic commodities and essential supplies in the jurisdiction of Naga City shall be subjected to the following regulations:

a. Individual consumers may only purchase limited number of goods per day. Such number of goods per day shall be determined by the local disaster risk and reduction management council or a special body created by the Local Chief Executive for such purpose;

b. Registered retailers and/or sari-sari store customers acquiring goods must present their business permit before they can avail of a higher quantity limit so determined; and

c. List of the goods and prescribed quantity for purchase of individual consumers and registered retailers must be posted within the premises of the selling establishment to inform the public.

SECTION 6. PROHIBITED ACTS: The following acts are declared unlawful and prohibited:

a. Panic buying of basic commodities resulting in undue shortages of such goods; and

b. Hoarding basic commodities, which create a hike in the prices, as well as selling them beyond their regular prices.

SECTION 7. PENALTY CLAUSE. Any individual or retailers that commit any of the prohibited acts provided for in Section 6 of this Ordinance shall be prosecuted for violation of this Ordinance of a fine of not more than Five Thousand Pesos (PhP5,000.00) or imprisonment of six months or both, as adjudged by the court.

Retailers violating provisions of the ordinance will also be subjected to the cancellation of their business permit.

Violators may also be charged of violating Republic Act No. 7581, otherwise known as “Price Act.”

SECTION 8. SEPARABILITY CLAUSE. If for any reason, any provision, section or part of this Ordinance is declared not valid by a court of competent jurisdiction, such judgement shall not affect or impair the remaining provisions, section or parts thereof and shall remain or continue to be in full force and effect.

SECTION 9. REPEALING CLAUSE. All ordinances, executive orders, implementing rules and regulations, or parts thereof, in conflict with, or inconsistent with any provisions of this Ordinance are hereby repealed, amended or modified accordingly.

SECTION 10. EFFECTIVITY. This Ordinance shall take effect upon its approval and completion of its posting requirements for at least three (3) consecutive weeks.

APPROVED.

Enacted: June 30, 2020

WE HEREBY CERTIFY to the correctness of the foregoing ordinance.

GIL A. DE LA TORRE
Secretary to the Sangguniang Panlungsod

CECILIA B. VELUZ-DE ASIS
City Vice Mayor & Presiding Officer

APPROVED:

NELSON S. LEGACION
Mayor 7/12/20