Department Circular No. 2000-05-008
REVISED SCHEDULE OF PENALTIES IN THE LPG INDUSTRY
OF 2000
WHEREAS,
Batas Pambansa Blg. 33, as
amended by
P.D. 1865, defined certain prohibited acts
inimical to the public interest and national security involving petroleum
and/or petroleum products, prescribing penalties therefore and for other
purposes;
WHEREAS, in 1983, the Bureau of Energy Utilization of the
then
Ministry of Energy issued
rules and regulations on the implementation of
Batas Pambansa Blg. 33, as amended by
P.D.
1865;
WHEREAS, Section 15 of
Republic Act No.
8479 provides for additional powers for the
DOE Secretary which may readily
be availed of to deter, restrain, and/or penalize any and all illegal,
irregular, and anomalous business practice or activity, with the end in view of
cultivating and instilling discipline, honesty, and fair trade practices in the
consciousness of each and every player in all levels of the downstream oil
industry;
WHEREAS, the recent development in the downstream oil
industry more particularly the transition and shift from regulation to
deregulation, the entry of new players in the industry, the growing concerns of
the costumers, relative to unfair trade practices, and the pressing need for
government to protect and safeguard public interest has made it imperative for
the
Department of Energy (DOE) to draw and
formulate a new set of penalties for the various offenses relative to the LPG
industry as outlined in the
Implementing Rules And
Regulations (IRR) of
Batas Pambansa Bilang 33, as
amended by
Presidential Decree No. 1865.
WHEREFORE, premises considered, the
foregoing schedule of penalties shall complement said
IRR
and is hereby adopted for implementation subject to the pertinent provisions on
procedures prescribed in the latter.
ARTICLE I
GENERAL PROVISIONS
SECTION 1. SHORT
TITLE This Department Circular
shall be known as the Revised Schedule of Penalties in the LPG Industry of
2000.
SECTION 2. COVERAGE
This Department Circular shall apply to all
persons or entities engaged in any and all activities involving the commerce of
Liquefied Petroleum Gas (LPG).
SECTION 3. DEFINITION
OF TERMS
a. Refiller refers to
any person, whether natural or juridical, who buy LPG in bulk from bulk
suppliers, refills LPG into cylinders under his own brand name or that of other
LPG marketers.
b. Marketer refers to
any person, whether natural or juridical, engaged in the sale of LPG, whether
in bulk or retail, under his own engaged in the sale of LPG, whether in bulk or
retail, under his own brand name.
c. Dealer refers to any
person, whether natural or juridical, engaged in the sale of LPG bottled into
cylinders under contract with an oil company or market who owns the brand.
d. Retail Outlet refers
to one who sells LPG bottled into cylinders directly to a costumers, with a
maximum floor stock of twenty (20) LPG cylinders.
e. Tare-weight refers to
one who sells LPG bottled into cylinders engraved in the collar and shall be
expressed in kilograms indicated to at least one-tenth (0.1) of one
kilogram. The marketing shall not be
less that 2.0 cm in height.
f. Authorized
or Appropriate LPG Seal refers to the protective cover placed on the gas
outlet of an LPG cylinder, of the type that must be broken or destroyed before
the LPG can flow out of the cylinder. It
shall have a distinctive design, symbol, emblem or mark, identifying the owner
of the LPG cylinder. The seal shall be
subject to approval by the
Department of
Energy.
ARTICLE II
TABLE OF OFFENSES AND
THEIR CORRESPONDING PENALTIES
SECTION 4. NO
PRICE DISPLAY BOARD
LPG Marketer/LPG Dealer/LPG Retail Outlet
1st Offense Reprimand/warning letter
2nd Offense Recommend suspension of business operation to the proper
local government unit
3rd Offense Recommend business closure to the proper local government
unit and initiate criminal proceedings
SECTION 5. NO
WEIGHING SCALE
a. LPG Refiller/Marketer
1st Offense Fine of P 5,000
2nd Offense Fine of P 10,000
3rd Offense Recommend business disclosure to the proper local
government unit
b. Dealer
1st Offense Fine of P 3,000
2nd Offense Fine of P 7,000
3rd Offense Recommend business disclosure to the proper local
government unit
C. LPG
Retail Outlet
1st Offense Reprimand
2nd Offense Fine of P 500.00
3rd Offense Fine of P 1,000.00
SECTION 6. NO
TARE WEIGHT OR INCORRECT TARE WEIGHT MARKINGS.
(REQUIREMENT ON ENGRAVED TARE WEIGHT SHALL TAKE EFFECT TWO (2) YEARS
AFTER EFFECTIVITY OF THIS CIRCULAR)
a. LPG Refiller/Marketer
1st Offense Fine of P 3,000 for each cylinder
2nd Offense Fine of P 5,000 for each cylinder
3rd Offense Recommend business closure to the proper local government
unit
b. Dealer
1st Offense Fine of P 2,000 for each cylinder
2nd Offense Fine of P 4,000 for each cylinder
3rd Offense Recommend business closure to the proper local government
unit
c. LPG Retail Outlet
1st Offense Fine of P 1,000 for each cylinder
2nd Offense Fine of P 2,000 for each cylinder
3rd Offense Recommend business closure to the proper local government
unit
SECTION 7. NO
APPROPRIATE OR AUTHORIZED LPG SEAL
a. LPG Refiller/Marketer
1st Offense Fine of P3,000 for each cylinder
2nd Offense Fine of P5,000 for each cylinder
3rd Offense Recommend business closure to the proper local government
unit
b. Dealer
1st Offense Fine of P 2,000 for each cylinder
2nd Offense Fine of P 4,000 for each cylinder
3rd Offense Recommend business closure to the proper local government
unit
c. LPG Retail Outlet
1st Offense Fine of P 1,000 for each cylinder
2nd Offense Fine of P 2,000 for each cylinder
3rd Offense Recommend business closure to the proper local government
unit
SECTION 8. NO
TRADE, UNBRANDED LPG CYLINDERS, NO SERIAL NUMBER, NO DISTINGUISHING COLOR, NO
EMBOSSED IDENTIFYING MARKINGS ON CYLINDER OR DISTINCTIVE COLLAR OR DESIGN
(REQUIREMENT ON SERIAL NUMBER AND DISTINCTIVE COLLAR OR DESIGN SHALL TAKE
EFFECT TWO (2) YEARS AFTER EFFECTIVITY OF THIS CIRCULAR
a. LPG Refiller/Marketer
1st Offense Fine of P 4,000 for each cylinder
2nd Offense Fine of P 5,000 for each cylinder
3rd Offense Recommend business closure to the proper local government
unit
b. Dealer
1st Offense Fine of P 3,000 for each cylinder
2nd Offense Fine of P 4,000 for each cylinder
3rd Offense Recommend business closure to the proper local government
unit
c. LPG Retail Outlet
1st Offense Fine of P 1,000 for each cylinder
2nd Offense Fine of P 2,000 for each cylinder
3rd Offense Recommend business closure to the proper local government
unit
SECTION 9. UNDERFILLED
LPG CYLINDERS
a. LPG Refiller/Marketer
1st Offense Fine of P 4,000 for each cylinder
2nd Offense Fine of P 6,000 for each cylinder
3rd Offense Recommend business closure to the proper local government
unit
b. Dealer
1st Offense Fine of P 3,000 for each cylinder
2nd Offense Fine of P 4,000 for each cylinder
3rd Offense Recommend business closure to the proper local government
unit
C. LPG
Retail Outlet
1st Offense Fine of P 1,000 for each cylinder
2nd Offense Fine of P 2,000 for each cylinder
3rd Offense Recommend business closure to the proper local government
unit proper local government unit
SECTION 10. TAMPERING
ALTERING, OR MODIFYING OF LPG CYLINDER THRU ANY THRU ANY MEANS SUCH AS BUT NOT
LIMITED TO CHANGING THE VALVE, REPAINTING, RELABELLING BY ANY PERSON OR
ENTITYOTHER THAN THE LEGITIMATE AND REGISTERED OWNER OF THE SAME. FOR THIS PURPOSE, LPG REFILLER, MARKETER,
DEALER, OR RETAIL OUTLET, AS THE CASE MAY BE, WHO HAS POSSESSION OF SUCH
ILLEGALLY TAMPERED, ALTERED, OR OTHERWISE MODIFIED LPG CYLINDER SHALL BE HELD
LIABLE FOR THIS OFFENSE.
a. LPG Refiller/Marketer
1st Offense Fine of P 5,000 for each cylinder
2nd Offense Fine of P 10,000 for each cylinder
3rd Offense Recommend business closure to the proper local government
unit
b. Dealer
1st Offense Fine of P 3,000 for each cylinder
2nd Offense Fine of P 5,000 for each cylinder
3rd Offense Recommend business closure to the proper local government
unit
c. LPG Retail Outlet
1st Offense Fine of P 1,500 for each cylinder
2nd Offense Fine of P 3,000 for each cylinder
3rd Offense Recommend business closure to the proper local government
unit
SECTION 11. UNAUTHORIZED
DECANTING OR REFILLING OF LPG CYLINDERS
1st Offense Fine of P 5,000 for each cylinder
2nd Offense Fine of P 10,000 for each cylinder
3rd Offense Recommend business closure to the proper local government
unit
SECTION 12. HOARDING
OF PETROLEUM PRODUCTS INCLUDING LIQUEFIED PETROLEUM GAS
1st Offense Fine of P 10,000 for each cylinder
2nd Offense Recommend business closure to the proper local government
unit plus the filing of appropriate criminal action
SECTION 13. REFUSAL
TO ALLOW OR COOPERATE WITH DULY AUTHORIZED INSPECTORS OF THE ENERGY INDUSTRY
ADMINISTRATIONBUREAU (EIAB) OF THE DEPARTMENT OF ENERGY IN THE CONDUCT OF THEIR
INSPECTION/ INVESTIGATION, WHENEVER REGULAR AND ROUTINARY OR
COMPLAINT-INITIATED.
1st Offense Fine of P 10,000
2nd Offense Recommend business closure to the proper local government
unit
SECTION 14. REFUSAL
OR FAILURE TO PAY FINE The Department of Energy shall recommend to the proper local government
unit the closure of business of a respondent who refuses or fails to pay ant
administrative fine without prejudice to the filing of an appropriate action if
warranted.
ARTICLE III
FINAL PROVISIONS
SECTION 15.
SUCCESSION OF OFFENSES For purposes of
determining the First, Second, and Third offenses the lapse of five (5) years
or fifteen (15) official inspections of the
Department
of Energy, which ever comes first, from the time of the commission of the
previous offense, shall be indicative of good business conduct and thus operate
to give a new and clean record to the former offender.
This, however, shall have no application in
the event that the offenders LPG business has been previously closed by the
proper local government unit pursuant to the provisions of this Circular.
SECTION 16. MAXIMUM
TOTAL PENALTY In the imposition of
pecuniary penalties the total fine shall not exceed Twenty Thousand Pesos (P
20,000.00) for retail outlets.
SECTION 17. SEPARABILITY
CLAUSE If, for any reason, any
part or parts of these provisions be declared unconstitutional or invalid, no
other part of the provisions hereof shall be affected thereby.
SECTION 18. EFFECTIVITY
This Department Circular shall take effect
one (1) month after its complete publication in two (2) newspapers of general
circulation.
However , the requirements of Engraved Tare
Weight Marking referred to in Section 6 shall take effect three (3) months
after effectivity of this Circular. The
requirements on effect two (2) years after effectivity of this Circular.
MARIO V.
TIAOQUI
Secretary
What do you want to do now?
Go Back to the Top; Go back to arts home page; Laugh or Be Entertained; Destroy Cartels and Monopolies; Invest or Find a Job; Check Software or a Computer; Check out the latest News; Look for a School; Greet a Friend; Dip Into Black Gold and be Electrified; Express Yourself; Relive the Past; Get Involved in the Law, Government, & Politics; Read Some Classics; Meet New People; Consult the laws of the Philippine energy sector; Philosophize; or Search.
This page is best viewed using Microsoft Internet Explorer 4.0 or higher.
Last revised: November 12, 2008 11:46 PM.
Caveat Emptor: Owners of the sites included herein do not explicitly endorse this page.
Comments, suggestions, objections, or violent reactions?