Anti-agricultural Smuggling Court Act

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG -6 P2:34 SENATE RECLA S. No. 1058 Introduced by Senator Jinggoy Ejercito Estrada AN ACT ESTABLISHING ANTI-AGRICULTURAL SMUGGLING COURT, GRANTING THEM EXCLUSIVE ORIGINAL JURISDICTION OVER CASES INVOLVING AGRICULTURAL PRODUCTS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES EXPLANATORY NOTE Agricultural smuggling continues to pose a serious threat to the Philippine economy, national food security, and the livelihood of millions of Filipino farmers. Despite the existence of laws that criminalize the smuggling of agricultural products, enforcement remains weak and prosecution slow, often hindered by procedural bottlenecks, limited resources, and lack of institutional focus. This persistent problem results in unfair market competition, depressed farmgate prices, and significant revenue losses for the government. Worse, it undermines the productivity and morale of legitimate local producers who struggle to compete against illicitly imported goods that enter the market without undergoing proper safety, quality, and tariff regulations. This bill seeks to decisively address this issue by establishing specialized Anti- Agricultural Smuggling Courts that will have exclusive original jurisdiction over cases involving the smuggling, unlawful importation, and misdeclaration of agricultural products. These dedicated courts are envisioned to fast-track adjudication, ensure

uniform application of anti-smuggling laws, and deliver swift justice in matters that deeply impact the country's agricultural sector. A similar bill was filed by Senator Cynthia A. Villar in the 19th Congress, it underscores the evolving role of the justice system in defending vital national industries, and affirms the State's obligation to create legal mechanisms that are responsive, specialized, and attuned to the complexities of modern-day economic sabotage. Key features of the bill include: 1. The establishment of Anti-Agricultural Smuggling Courts in key regions across the country under the supervision of the Supreme Court; 2. Granting these courts exclusive original jurisdiction over violations related to Republic Act No. 10845 (Anti-Agricultural Smuggling Act of 2016) and other related offenses; 3. Providing for the appointment and training of dedicated judges and personnel with expertise in customs, trade, and agricultural law; 4. Ensuring adequate funding and logistical support to ensure their efficient and effective operation; 5. Strengthening coordination between the judiciary and relevant enforcement agencies such as the Bureau of Customs, Department of Agriculture, and Department of Justice. This proposed legislation affirms the need for a strong, targeted judicial response to agricultural smuggling-one that not only punishes offenders but also protects the integrity of the country's food systems and rural economies. By doing so, it seeks to restore fairness, trust, and resilience in the agricultural market.

In view of the foregoing, the immediate passage of this bill is earnestly sought. sent L LINGGOY EJERCITO ESTRAD

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 AUG -6 P2:34 First Regular Session SENATE REC S. No. 1058 Introduced by Senator Jinggoy Ejercito Estrada AN ACT ESTABLISHING ANTI-AGRICULTURAL SMUGGLING COURT, GRANTING THEM EXCLUSIVE ORIGINAL JURISDICTION OVER CASES INVOLVING AGRICULTURAL PRODUCTS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Anti-Agricultural

2 Smuggling Courts Act".

Sec. 2. Declaration of Policy. - It is the policy of the state to protect farmers,

consumers and the general public from illicit trade of agricultural products. It is also 5 the policy of the state to ensure the efforts of farmers and agricultural industry to 6 succeed and thrive, and to guarantee the health and safety of the consumers. To uphold this duty, the State shall prosecute economic saboteurs, illicit traders, illegal importers, and smugglers through a court that will provide fair, impartial and speedy disposition of economic sabotage cases.

Sec. 3. Establishment of Anti-Agricultural Smuggling Courts. - There is hereby

11 created an Anti-Agricultural Smuggling Court that will try cases pertaining to smuggling, hoarding, profiteering and cartel of agricultural products which shall be of the same level of the Sandiganbayan and the Court of Appeal, possessing all the inherent powers of a Court of Justice, and shall consist of four (4) Divisions composed of three (3) Justices each for National Capital Region, Bulacan, Cebu, and Davao.

Sec. 4. Jurisdiction. - The Anti-Agricultural Smuggling Court shall have

2 exclusive original jurisdiction on all cases involving: a) All violations of Republic Act No. 10845, otherwise known as Anti- Agricultural Smuggling Act of 2016 including those made by Public Officer whether he be the principal accused, an accomplice or merely an accessory. b) The Anti-Agricultural Smuggling Court shall have the primary jurisdiction over search and seizure of any object or person to be done by appropriate law enforcement agencies with respect to smuggling, hoarding, profiteering and cartel of agricultural products. c) All cases involving smuggling, hoarding, profiteering and cartel of agricultural products.

Sec. 5. Qualification and Compensation of Justices. -

a) The Justices of the Anti-Agricultural Smuggling Court shall possess the same qualifications, rank, category, salary, emoluments and other privileges, be subject to the same inhibitions and disqualifications, and enjoy the same retirements and other benefits as those provided for under existing laws for Associates Justices of Sandiganbayan and Court of Appeals. b) The Justices shall be appointed by the President from a list prepared by the Judicial and Bar Council.

Sec. 6. Tenure. - Anti-Agricultural Smuggling Court Justices shall be appointed

to serve during good behavior until they reach the age of seventy (70) years, or become incapacitated to discharge the duties of their office, unless sooner removed for the same causes and in the same manner provided by law for Associates Justices of Sandiganbayan and Court of Appeals.

Sec. 7. Appeals. - Decisions and orders of the Anti-Agricultural Smuggling Court

shall be appealed to the Supreme Court.

Sec. 8. Special procedure. - The Anti-Agricultural Smuggling Courts that will try

cases pertaining to smuggling, hoarding, profiteering and cartel of agricultural products shall be governed by such special rules of procedure as the Supreme Court may promulgate.

Sec. 9. Administrative Personnel. - Upon the recommendation of the Anti-

Agricultural Smuggling Court, the Supreme Court may designate, from among the

1 officers and employees under it, or appoint the personnel necessary for the Anti- 2 Agricultural Smuggling Court; Provided, however, that those merely designated shall 3 not receive additional compensation, except per diems, traveling and necessary expenses in accordance with existing laws and rules. The Supreme Court shall appoint one (1) Clerk of Court for each Anti- 6 Agricultural Smuggling Court. The Clerks of Court so appointed shall have the same 7 qualifications, rank, category, salary, emoluments and other privileges, be subject to the same inhibitions and disqualifications, and enjoy the same retirements and other benefits as those provided for under existing laws for Clerk of Court of the 10 Sandiganbayan or Court of Appeals.

Sec. 10. Appropriations. - The amount necessary to carry out the provisions of

this Act shall be included in the General Appropriations Act of the year following in its enactment into law and thereafter.

Sec. 11. Implementing Rules and Regulations. - The Supreme Court shall

formulate the necessary rules and regulations for the effective implementation of this 16 Act.

Sec. 12. Transitory Provisions. - All cases involving violations of Republic Act

18 No. 10845 pending the establishment of the Anti-Agricultural shall stay at the court where it is tried.

Sec. 13. Separability Clause. - In case any provision of this Act is declared

unconstitutional, the other provisions shall remain in effect.

Sec. 14. Repealing Clause. - All other laws, decrees, executive orders, rules or

regulations inconsistent herewith are hereby repealed, amended or modified accordingly.

Sec. 15. Effectivity. - This Act shall take effect after fifteen (15) days following

its publication in the Official Gazette or in two (2) newspapers of general circulation. Approved,