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PRESIDENTIAL DECREE NO. 1865 - AMENDING BATAS PAMBANSA BLG. 33, ENTITLED "AN ACT DEFINING AND PENALIZING CERTAIN PROHIBITED ACTS INIMICAL TO THE PUBLIC INTERESTS AND NATIONAL SECURITY INVOLVING PETROLEUM AND/OR PETROLEUM PRODUCTS, PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES", BY INCLUDING SHORT-SELLING AND ADULTERATION OF PETROLEUM AND PETROLEUM PRODUCTS AND OTHER ACTS IN THE DEFINITION OF PROHIBITED ACTS, INCREASING THE PENALTIES THEREIN, AND FOR OTHER PURPOSES"
Batas Pambansa Blg. 33 defines and penalizes certain prohibited acts
inimical to the public interest and national security involving
petroleum and/or petroleum products;
WHEREAS, adulteration of finished petroleum products or possession of adulterated finished petroleum products for the purpose of sale, distribution, transportation, exchange or barter; and underdelivery or underfilling beyond authorized limits in the sale of petroleum products or liquefied petroleum gas cylinders are pernicious practices that are rampant and widespread;
WHEREAS, there is an urgent need to curb, if not totally eliminate, such nefarious practices in the industry in order to better protect the consuming public;
WHEREAS, it is necessary to provide the implementing government agencies with increased administrative and criminal penalties with which it can effectively curtail petroleum product adulteration and shortselling as well as other prohibited acts and activities involving petroleum and/or petroleum products which are inimical to public interest and national security;
WHEREAS, in view of the foregoing considerations, it has become necessary to amend certain provisions of Batas Pambansa Blg. 33, as well as to provide, new provisions in the law.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree as follows:
"The Oil Company, petroleum refiller, marketer, dealer and retailer, as the case may be, and the hauler shall be responsible for the quantity and quality of the petroleum product delivered when the same is sold on delivered basis.
"For the purpose of this subparagraph, the existence of the facts hereunder shall give rise to the following presumptions:
"The use of such pumps, cylinders or containers referred to in sub-paragraph (1), (2) and (3) of this paragraph, to deliver products for sale or distribution shall constitute prima facie evidence of intent of the hauler, marketer, refiller, dealer, retailer outlet operator to defraud;
"Illegal trading in petroleum and/or petroleum products" —
"Petroleum Fuel Product Adulteration" — The mixing of any petroleum product with another finished or unfinished petroleum product or stock or with any non-petroleum substance or material that will result in product quality change, or resulting in the failure of such finished petroleum product to meet the required product specifications as prescribed by the products standards agency of the Ministry of Trade and Industry, for the purpose of this definition, finished petroleum product refers to any of the following: premium gasoline, regular gasoline, aviation gasoline, aviation turbo fuel, kerosene, diesel fuel, industrial fuel or package lube oils. This definition shall not apply to alcogas and oil emulsions.
"Underfilling or Underdelivery" — Refers to a sale, transfer, delivery or filling of petroleum products of a quantity that is actually beyond authorized limits than the quantity indicated or registered on the metering device of container. This refers, among others, to the quantity of petroleum retail outlets or to liquefied petroleum gas in cylinder or to lube oils in packages.
"Hoarding" — The undue accumulation of a trader of petroleum and/or products beyond his or its normal inventory levels, and/or 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.
"Overpricing" — The sale of petroleum and/or petroleum products at prices in excess of those duly authorized by the [Government] Board of Energy.
"Misuse of allocation" — The sale, transfer or diversion of mandated petroleum fuel allocation by oil companies, distributors, dealers or consumers contrary to the declared intent of the Government in making such allocation."
"The Bureau of Energy Utilization is empowered to impose in an administrative proceeding, after due notice and hearing, upon any person who violates any provision of such rules and regulations, a fine of not more than ten thousand pesos (P10,000.00) or to suspend or remove the license or permit of a hauler, marketer, refiller, dealer, sub-dealer, or retail outlet: Provided, That hearing in any administrative proceedings may be waived by respondent. Provided, Further, That during the pendency of such administrative proceedings, the Bureau may suspend the business operations of such hauler, marketer, refiller, dealer, sub-dealer or retailer or retail outlet operator when the suspension is consistent with the public interest. Administrative proceedings shall be decided within thirty (30) days after filing of the last responsive pleading by the respondent, or termination and completion of the administrative proceedings.
"All law enforcement and other concerned agencies of the government shall assist the Bureau of Energy Utilization in the implementation of this section.
"The Administrative sanction that may be imposed shall be without prejudice to the filing of a criminal action as the case may warrant."
"Trials of case arising this Act shall be terminated within thirty (30) days after arraignment.
"When the offender is a corporation, partnership, or other juridical person, the president, the general manager, managing partner, or such other officer charged with the management of the business affairs thereof, OR EMPLOYEE RESPONSIBLE FOR THE VIOLATION shall be criminally liable, IN CASE OFFENDER IS AN ALIEN, HE SHALL BE SUBJECT TO DEPORTATION AFTER SERVING THE SENTENCE.
"If the offender is a government official or employee, he shall be perpetually disqualified from office."
Done in the City of Manila, this 25th day of May, in the year of Our Lord, nineteen hundred and eighty-three.
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