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PRESIDENTIAL DECREE NO. 669
PRESIDENTIAL DECREE NO. 669 -
AMENDING PRESIDENTIAL DECREE NO. 135, ENTITLED "CREATING THE FERTILIZER
INDUSTRY AUTHORITY"
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WHEREAS,
recently, there has been a pronounced upsurge in the occurrence of
irregularities and anomalies in the sale and/or distribution of food
crop fertilizers; chanroblesvirtualawlibrary
WHEREAS, such irregularities, undermining as they do the government
policy of making the nation self-sufficient in agricultural staple
foods, constitute economic sabotage requiring immediate and effective
positive action on the part of the Government;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree and order;chanroblesvirtualawlibrary
Section 1. Presidential Decree No. 135 (Creating the
Fertilizer Industry Authority) is hereby amended by adding after
Section 5 thereof the following sections, which shall read as follows:cralaw:red
"Sec. 6. It shall be unlawful for any manufacturer,
producer, processor, trader, dealer, distributor or outlet of food crop
fertilizers or for any farmer, planter or end-user of the same as the
case may be, —chanroblesvirtualawlibrary
"(a) To divert food crop fertilizers to any other
purpose or use;chanroblesvirtualawlibrary
"(b) To re-allocate, transfer or resell food crop
fertilizers to other persons, corporations, partnership or entities,
without the prior approval of the Fertilizer Industry Authority;chanroblesvirtualawlibrary
"(c) To alter or otherwise change the contents,
quality, quantity, weight or grade of food crop fertilizers or to
substitute or change the original containers thereof;chanroblesvirtualawlibrary
"(d) To impose as a condition for the purchase of
food crop fertilizers the simultaneous purchase of pesticides or other
articles;chanroblesvirtualawlibrary
"(e) To purchase, sell or transact any other business
in food crop fertilizer coupons; or
"(f) For any farmer, planter, or end-user of food
crop fertilizers to fail to use the same during the agricultural year
when it was duly procured or obtained.
"Sec. 7. It shall likewise be unlawful for any common
carrier to accept, load or transport food crop fertilizers without a
written permit from the Fertilizer Industry Authority."
"Sec. 8. For the purposes hereof, the following terms
shall be understood in the sense hereinbelow indicated:cralaw:red
"(a) "Food crop fertilizers" shall include all kinds,
types or grades of fertilizers from whatever source which are intended
for palay, corn, sorghum, soybeans and vegetables;chanroblesvirtualawlibrary
"(b) "Divert" or "diversion" shall refer to any act
of varying the purpose or use of food crop fertilizers from that for
which they are originally intended as provided for in the rules and
regulations issued or promulgated by the Fertilizer Industry
Authority." chanroblesvirtualawlibrary
"Sec. 9. The Fertilizer Industry Authority is hereby
authorized to issue or promulgate rules and regulations to implement,
and carry out the purpose of this Decree."
"Sec. 10. Any person who violates any of the
provisions of this Decree, or any of the provisions of the rules and
regulations issued or promulgated by the Fertilizer Industry Authority,
shall be punished by imprisonment of not less than 15 years and 1 day
nor more than 20 years if the amount involved is more than P50,000; by
imprisonment of not less than 10 years and 1 day nor more than 15 years
if the amount involved is more than P10,000 but does not exceed
P50,000; and by imprisonment of not less than 5 years and 1 day nor
more than 10 years if the amount involved is P10,000 or less, as well
as a fine ranging from an amount equal to the value involved to three
times such value, but which shall in no case be less than P5,000 nor
more than P20,000; provided, that if falsification of a public or
commercial document is committed by reason or on the occasion of the
commission of any of the acts punishable herein, the offender shall be
imposed the maximum fine and term of imprisonment as above prescribed."
"Sec. 11. The prosecution and conviction for
violation of any provision of the rules and regulations issued or
promulgated hereunder by the Fertilizer Industry Authority shall remain
valid and effective, notwithstanding the termination of the existence
of the Fertilizer Industry Authority pursuant to the provisions of
Section 5 hereof."
Section 2. Section 6 of Presidential Decree No. 135
is changed to Section 12.
Section 3. Section 3, paragraph 13, of Presidential
Decree No. 135 is hereby repealed.
Section 4. This Decree shall take effect
immediately. chanroblesvirtualawlibrary
DONE in the City of Manila,
this 11th day of March, in the year of Our Lord, nineteen hundred and
seventy-five.
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