SECTIONS 1,
2 and 3 (Repealed).
Sec. 4. The Supreme Court and the Courts of First
Instance * shall have concurrent jurisdiction to prevent and restrain
violations of this Act; and it shall be the duty of the
Attorney-General (now Solicitor General), the Fiscal of the City of
Manila and the provincial fiscal, or whoever may act in their stead, to
institute proceedings to prevent and restrain such violations. Such
proceedings may be by way of petition setting forth the case and
praying that such violation shall be enjoined or otherwise prohibited.
When the parties complained of shall have been duly notified of such
petition, the court shall proceed as soon as may be, to the hearing and
determination of the case; and pending such petition and before final
decree, the court may at any time make such temporary restraining order
or prohibition as shall be deemed just in the premises.
Sec. 5. (Repealed)
Sec. 6. Any person who shall be injured in his
business or property by any other person by reason of anything
forbidden or declared to be unlawful by this Act, shall recover
threefold the damages by him sustained and the costs of suit, including
a reasonable attorney's fee.
Sec. 7. The word "person", or "persons", wherever
used in this Act, shall be deemed to include corporations and
associations.
Sec. 8. This Act shall take effect on its approval.
Approved, December 1, 1925
The foregoing Secs. 1, 2, 3, and Sec. 5 of this Act are repealed and
superseded by Art. 367 of Act No. 3815 (Revised Penal Code), as amended
by Republic Act No. 1956, Approved June 22, 1957, provides:
"Art. 186. Monopolies and combination in restraint of
trade. — The penalty of prision correccional in its minimum period or a
fine ranging from P200 to P6,000 pesos, or both, shall be imposed upon:
1. Any person who shall enter into any contract or
agreement or shall take part in any conspiracy or combination in the
form of a trust or otherwise, in restraint of trade or commerce or to
prevent by artificial means free competition in market;
2. Any person who shall monopolize any merchandise or
object of trade or commerce, or shall combine with any other person or
persons to monopolize said merchandize or object in order to alter the
price thereof by spreading false rumors or making use of any other
article to restrain free competition in the market;
3. Any person who, being a manufacturer, producer, or
processor of any merchandise or object of commerce or an importer of
any merchandise or object of commerce from any foreign country, either
as principal or agent, wholesaler or retailer, shall combine, conspire
or agree in any manner with any person likewise engaged in the
manufacture, production, processing, assembling or importation of such
merchandise or object of commerce or with any other persons not so
similarly engaged for the purpose of making transactions prejudicial to
lawful commerce, or of increasing the market price in any part of the
Philippines, of any such merchandise or object of commerce
manufactured, produced, processed, assembled in or imported into the
Philippines, or of any article in the manufacture of which such
manufactured, produced, processed, or imported merchandise or object of
commerce is used.
If the offense mentioned in this Article affects any food substance,
motor fuel or lubricants, or other articles of prime necessity, the
penalty shall be that of prision mayor in its minimum and medium
periods, it being sufficient for the imposition thereof that the
initial steps have been taken toward carrying out the purposes of the
combination.
Any property possessed under any contract or by any combination
mentioned in the preceding paragraphs, and being the subject thereof,
shall be forfeited to the Government of the Philippines.
Whenever any of the offenses described above is committed by a
corporation or association, the president and each one of the directors
or managers of said corporation or association or its agent or
representative in the Philippines in case of a foreign corporation or
association, who shall have knowingly permitted or failed to prevent
the commission of such offenses, shall be held liable as principals
thereof." (As amended by Rep. Act No. 1956)
Footnotes
* Now Regional Trial Courts.
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