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Legislative Tracking System

1995 ORDINANCE NO. 5

AN ORDINANCE ENFORCING THE PRICE TAG LAW, THE ANTI-PROFITEERING LAW AND ANTI-HOARDING LAW, IN THE MUNICIPALITY OF CATARMAN, CAMIGUIN.


BE IT ORDAINED by the Sangguniang Bayan of Catarman, Camiguin, in its regular session, the above-entitled ordinance:


Section 1

This ordinance shall be known as Price Tag Law, the Anti-Profiteering Law and Anti-Hoarding Law Ordinance of 1995.


Section 2

All businessmen in the Municipality of Catarman shall be required to install price tags in all basic/prime commodities being sold.


Section 3

It shall also be prohibited to hoard any of the basic necessities, such as rice, corn, bread, fresh, dried and canned fish and other marine products, fresh pork, beef and poultry meat, fresh eggs, fresh and processed milk, fresh vegetable, root crops, coffee, sugar, cooking oil, salt, laundry soap, detergents, firewood, charcoal, candles and drugs classified as essential by the Department of Health, and any of the prime commodities, such as fresh fruits, flour, dried, processed and canned pork, beef and poultry meat, dairy products not falling under basic necessities, noodles, onions, garlic vinegar, patis, soy sauce, toilet soap , fertilizer, pesticides, herbicides, poultry, swine and cattle feeds, veterinary products for poultry, swine and cattle, paper, school supplies, nipa shingles, sawali cement, clinker, GI sheets, hollow blocks, plywood, plyboard, construction nails, batteries, electrical supplies, light bulbs, steel wires, and all drugs not classified as essential drugs by the Department of Health.


Section 4

Profiteering and cartel shall likewise be prohibited in the Municipality of Catarman.


Section 5

Definition of Terms:


a) Hoarding – it is the undue accumulation by a person or combination of persons of any basic necessity or prime commodity beyond his or their normal inventory levels of the  unreasonable limitation or refusal to dispose or, sell or distribute the stocks of any basic necessity or prime commodity to the general public or the unjustified taking out of any basic necessity or prime commodity from the channels of production, trade, commerce and industry.

b) Profiteering – it is the sale or offering for sale of any basic necessity or prime commodity at a price grossly in excess of its true worth.

c) Cartel – it is any combination of or agreement between two (2) or more persons engaged in the production, manufacture, processing, storage, supply, distribution, marketing, sale or disposition or any basic or prime commodity designed to artificially and unreasonably increase or manipulate its price.


Section 6

The following constitutes prime facie evidence of boarding:


a) Where stock of basic/prime commodities is 50% higher than his usual inventory; and

b) Unreasonably limits, refuses or fails to sell at time of discovery of stocks.


Section 7

The following constitutes prime facie evidence of profiteering when basic/prime commodity being sold:

a) Has no price tag;

b) Misrepresented as to its weight/measurement;

c) Adulterated or diluted; or

d) Where price of said commodity he/she sells or offers for sale is raised by more than 10% of its price in the immediately preceding month (except for agricultural and seasonal products)


Section 8

The following constitutes prime facie evidence of cartel:


a) When two or more persons/business firm competing for the same market and dealing in the same basic/prime commodity perform uniform/complementary acts which tend to bring about artificial/unreasonable increase in price of basic/prime commodity;

b) When they simultaneously and unreasonably increase prices on their competing products.


Section 9

PENALTY CLAUSE. Any violation of this ordinance shall subject the violator to a fine of not less than P1,000.00, or an imprisonment of not less than two months, for first offense; or a fine of not less than P1,500.00, or an imprisonment of not less than four months, for second offense; or a fine of not less than P2,500.00, or an imprisonment of not less than six months and/or revocation of business permit, or both, at the discretion of the court, for third or final offense.

Section 10

REPEALING CLAUSE – All ordinances or parts thereof inconsistent with the provisions of this ordinance are hereby repealed and/or rescinded.

Section 11

EFFECTIVITY – This ordinance shall take effect ten (10) days after its posting.


APPROVED: June 13, 1995

Adopted unanimously this 13th day of June, 1995.


ATTESTED:


CLEMENTE E. TORRO


APPROVED:


JESUS B. PALARCA

JESSIE B. CAGADAS

JUSTINIANO S. DINOROG

ROGELIO P. ACIDO

BLAS E. ABENDAÑO

JOSEFA Y. TAGARDA

LUIS A. BANAAG

NILO CALUSTRE

ROBERTO A. BOLLOZOS

GRACE B. VELOSO