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PHILIPPINE LAWS, STATUTES & CODES
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Republic Acts :
REPUBLIC ACTS
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REPUBLIC ACT NO. 6361 - AN ACT
PROVIDING FOR THE FIXING OF THE MAXIMUM SELLING PRICE OF ESSENTIAL
ARTICLES OR COMMODITIES, CREATING THE PRICE CONTROL COUNCIL, AND FOR
OTHER PURPOSES Section 1. It is
hereby declared to be the national policy to prevent monopoly,
hoarding, injurious speculation, manipulation and profiteering with
respect to the supply, distribution and marketing of the following
articles or commodities, whether imported or locally produced or
manufactured, and to fix the maximum prices, consistent with the
policies of the State to increase production and productivity, of such
of these commodities as are essential to the public interest. Sec. 2. To carry out the above policy, there is
hereby created a Price Control Council hereinafter referred to as the
"Council"), which shall be composed of the Secretary of Commerce and
Industry, the Secretary of Agriculture and Natural Resources, the
Secretary of Health, the Chairman of the National Economic Council, and
three representatives of consumers one of which shall be from qualified
nominees of nationwide government employees' organization, the second
from qualified nominees of the private labor sector and the third from
qualified nominees of nationwide women's organization, who shall be
appointed by the President of the Philippines with the consent of the
Commission on Appointments and who shall have the following
qualifications: a natural-born Filipino citizen; at least thirty years
of age; and not connected with the production, supply, distribution or
marketing of any of the items mentioned in Section One: provided, that
the above-named government officials, except the Chairman, may
authorize their respective undersecretaries to represent them in the
meetings of the Council. A majority of the members shall constitute a
quorum and four affirmative votes shall be necessary for any action or
decision of the Council: provided, further, that the representative of
consumers shall receive as emolument or compensation for services
rendered to the Council a per diem of P50.00 for every meeting
attended: provided, finally, that the total emolument or compensation
that may be received by said representative of the consumers shall not
exceed the amount of P1,000.00 a month. The Council shall elect the
Chairman from among themselves. The Director of Commerce shall serve as
the Executive Director of the Council and the Bureau of Commerce
(hereinafter referred to as the "Bureau") shall provide staff support
to the Council. Sec. 3. The maximum prices of any of the articles or commodities mentioned in section one hereof established by the Price Control Council under Republic Act No. 6124 and enforced as of June 30, 1971, shall become effective immediately upon approval of this Act, subject to such modifications as the Council may authorize under the provisions of Sec. 4 of this Act: provided, that the Council shall, within thirty days after the filing of any petition for review, act on the same in accordance with the guidelines established in Sec. 4 hereof. Sec. 4. Whenever the market price of any of the
articles or commodities mentioned in Section One hereof has risen or
threatens to rise by 20% or more over its price on March 1, 1970, or
whenever the Council deems that the prevailing price should be reduced
because it has risen due to monopoly, hoarding, injurious speculation,
manipulation and profiteering, the Council shall, after notice and
hearing, establish or order such maximum price as shall be fair, just
and reasonable: provided, that the maximum price shall not exceed the
production cost plus a mark-up of ten per centum thereof to the
manufacturer or producer, five per centum of the net cost of
acquisitions to the wholesaler and ten per centum to the retailer if
the articles or commodities are locally manufactured, or the landed
cost plus a markup of five per centum to importer or indentor, and ten
per centum to the retailer, if the articles or commodities are imported. Sec. 5. (a) Whenever any of the articles or
commodities mentioned in Section One hereof is in short supply, the
Council, after notice and hearing, shall certify to the needs of local
producers or manufacturers thereof and recommend to the Monetary Board
that the Central Bank make available the foreign exchange to import
adequate raw materials and supplies which may be necessary to produce
or manufacture said article or commodity in the quantity required to
cover the shortage in supply. Sec. 6. The Council shall promulgate such rules
and regulations as shall be deemed necessary for the effective
implementation of the provisions of this Act subject to the approval of
the President of the Philippines. The rules and regulations that may be
promulgated by the Council shall take effect fifteen days after their
publication once a week for two consecutive weeks in at least two
newspapers, one in English and another in the National Language of
general circulation in the Philippines. They shall be posted at the
entrance of the City Hall or Municipal Building of each city,
municipality or municipal district in English and in the local dialect. Sec. 7. Imprisonment for a period of not less than
six months nor more than five years or a fine of not less than two
thousand pesos nor more than twenty thousand pesos, or both, shall be
imposed upon any person who sells any commodity in excess of the
maximum selling price established by the Council, or who violates any
provision of this Act or any order, rule or regulation issued pursuant
to the provisions of this Act. Provided, however, that in the case of
aliens, in addition to the penalty herein provided, the offender shall,
upon conviction and after service of sentence, be immediately deported
without any further proceedings. Sec. 8. If any provision of this Act or the applicability of such provision to any person or circumstance shall be held invalid, the validity of the other provisions of this Act and the applicability of such provisions to other persons or circumstances shall not be affected thereby. Sec. 9. The President is hereby authorized to
allot from the unprogrammed appropriations for the Executive
Departments from the General Fund under Republic Act No. 6130, the sum
of Two hundred fifty thousand pesos for necessary operating expenses to
carry out the provisions of this Act during the fiscal year ending June
30, 1972, and under the next General Appropriations Act, the sum of one
million pesos for the same purpose during the fiscal year ending June
30, 1973: provided, that not more than one hundred thousand pesos shall
be spent for personal services for a full year. Approved: July 27, 1971 |
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