WHEREAS,
tobacco is one of the country's principal agricultural products upon
which a substantial number of the people depend on for their livelihood;chanroblesvirtualawlibrary
WHEREAS, there is an imperative need to protect the interest of tobacco
farmers considering the rising cost of production and prices of prime
commodities caused by unprecedented world-wide inflation; chanroblesvirtualawlibrary
WHEREAS, the Philippine Tobacco Board has been reorganized as the sole
policy-making body of the Philippine Tobacco Industry;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
decree and order:cralaw:red
Section 1. The Philippine Tobacco Board, upon
recommendation of the agencies concerned, shall fix a reasonable and
flexible floor price at which tobacco traders may buy all types of
tobacco, except flue-cured Virginia tobacco, from the farmers based on
prevailing factors and conditions such as:cralaw:red
(a) prevailing world market situations;chanroblesvirtualawlibrary
(b) production costs;chanroblesvirtualawlibrary
(c) reasonable margin of profit the farmers,
dealers, manufacturers and exporters;chanroblesvirtualawlibrary
(d) growing conditions which affect quality of
production such as soil and weather, pest infestations; and
(e) other relevant factors and conditions
The said floor prices may be amended by the Philippine Tobacco Board as
it may deem necessary and warranted for the good of the tobacco
industry.
Section 2. Only persons duly authorized by the
government agencies concerned shall be allowed to buy leaf tobacco
directly from the farmers.
Section 3. The Agencies concerned shall issue the
necessary rules and regulations to implement this Decree relative to
the enforcement and implementation of floor prices, subject to the
approval of the Philippine Tobacco Board.
Section 4. Violation by any person of the floor price
policy fixed by the Board or of any implementing rules and/or
regulations issued thereunder shall be sufficient ground for the
cancellation or revocation of his or its permit to trade, and shall be
punishable with a fine of not more than P2,000 or imprisonment of not
more than one year or both at the discretion of the court. chanroblesvirtualawlibrary
If the violation is committed by a corporation or association, the
penalty shall be imposed upon the president, director or directors,
manager, managing partner, or other officials thereof responsible for
such violation. Any alien violating or responsible for the violation of
this Decree or its implementing rules and regulations shall, upon
completion of the service of sentence, be deported without any further
proceeding on the part of the Deportation Board. Any government
official or employee whods, abets and connives with any person in
violating this Decree or its implementing rules and regulations, shall,
in addition to the penalty which may be imposed upon him as a
principal, be perpetually disqualified from holding any public
office. chanroblesvirtualawlibrary
Section 5. This Decree shall take effect immediately.
DONE in the City of Manila,
this 28th day of December, in the year of Our Lord, nineteen hundred
and seventy-four.
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