AN
ACT DEFINING AND PENALIZING CERTAIN PROHIBITED ACTS INIMICAL TO THE
PUBLIC
INTEREST AND NATIONAL SECURITY INVOLVING PETROLEUM AND/OR PETROLEUM
PRODUCTS,
PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES.
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Section
1. Declaration of Policy.
— It is the declared policy of the State to institutionalize as a
national
way of life energy conservation geared towards the judicious and
efficient
use of energy in order to enhance availability of energy supplies
required
to support economic, social and developmental goals. In view of the
continuing
uncertainty of the international oil supply, it is imperative that
measures
to conserve energy be strengthened and/or petroleum products contrary
to
the intent and spirit of judicious usage and conservation of energy,
which
are inimical to the public interest and national security, be
prohibited
and appropriate sanction therefor be imposed.
Sec.
2. Prohibited Acts. — The
following acts are prohibited and penalized:chanroblesvirtuallawlibrary
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(a) Illegal
trading in petroleum and/or petroleum products;
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(b) Hoarding
of petroleum and/or petroleum products;
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(c) Overpricing
in the sale of petroleum and/or petroleum products;
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(d) Misuse
of petroleum allocations;
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(e) Speed
contests and rallies involving mainly the use of motor vehicles,
motor-driven
watercraft or aircraft utilizing petroleum-derived fuels, including car
and motorcycle rallies and drag racing; and
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(f) Sky-diving
and water-skiing.
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Sec.
3. Definition of terms.
— For the purposes of this Act, the following terms shall be understood
to mean:chanroblesvirtuallawlibrary
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"Illegal
trading in petroleum and/or petroleum products" — the sale or
distribution
of petroleum products for profit without license or authority from the
Government; non-issuance of receipts by licensed traders;
misrepresentation
as to quality and/or quantity; and sale by oil companies, distributors
and/or dealers violative of government rules and regulations.
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"Hoarding"
— the undue accumulation by a trader of petroleum and/or petroleum
products
beyond his or its normal inventory levels and/or the unjustified
refusal
to dispose of, sell or distribute the same to consumers; or the
unreasonable
accumulation by a person other than a trader of petroleum and/or
petroleum
products.
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"Overpricing"
— the sale of petroleum and/or petroleum products at prices in excess
of
those duly authorized by the Government.
"Misuse
of allocation" — the sale, transfer or diversion of mandated petroleum
fuel allocations by oil companies, distributors, dealers or consumers
contrary
to the declared intent of the Government in making such allocation.
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Sec.
4. Penalties. — Any person
who commits any act herein prohibited shall, upon conviction, be
punished
with a fine of not less than Two Thousand Pesos (P2,000) but not more
than
Ten Thousand Pesos (P10,000), or imprisonment of at least two (2)
months
but not more than one (1) year, or both, in the discretion of the
court.
Furthermore, the petroleum and/or petroleum products, subject-matter of
the illegal trading, hoarding, overpricing and misuse, shall be
forfeited
in favor of the Government: Provided, That if the petroleum and/or
petroleum
products have already been delivered and paid, the payment made shall
be
the subject of the forfeiture, and if the seller who has not yet
delivered
has been fully paid, the price received shall be returned to the buyer,
and in addition, if the offender is a trader, the cancellation of his
license.
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Trials
of cases arising under this Act shall be terminated within thirty (30)
days after arraignment.
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When
the offender is a corporation, partnership, or other juridical person,
the president, general manager, managing partner, or such other officer
charged with the management of the business affairs thereof shall be
criminally
liable.
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If
the offender is a government official or employees, he shall
perpetually
be disqualified from office.
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Sec.
5. Repealing Clause. —
All laws, decrees, orders, instructions, rules and regulations which
are
inconsistent with, or contrary to, the provisions of this Act are
hereby
repealed or modified accordingly.
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Sec.
6. Effectivity. — Upon
its approval, this Act shall take effect after five days from its
publication
in at least two newspapers of general circulation.
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