Batas Pambansa Bilang 33
AN
ACT DEFINING AND PENALIZING CERTAIN PROHIBITED ACTS INIMICAL TO THE PUBLIC
INTEREST AND NATIONAL SECURITY INVOLVING PETROLEUM AND/OR PETROLEUM PRODUCTS,
PRESCRIBING PENALTIES THEREFOR AND FOR OTHER PURPOSES
SECTION
1. Declaration of Policy. – It
is the declared policy of the State to institutionalize as a national way of
life energy conservation geared towards the judicious and efficient use of
energy in order to enhance availability of energy supplies required to support
economic, social and developmental goals. In view of the continuing uncertainty of the
international oil supply, it is imperative that measures to conserve energy be strengthened and/or petroleum products contrary to the
intent and spirit of judicious usage and conservation of energy, which are
inimical to the public interest and national security, be prohibited and
appropriate sanction therefor be imposed.
SEC. 2. Prohibited Acts. – The following acts are
prohibited and penalized:
(a) Illegal trading in petroleum and/or petroleum products;
(b) Hoarding of petroleum and/or petroleum products;
(c) Overpricing in the sale of petroleum and/or petroleum products;
(d) Misuse of petroleum allocations;
(e) Speed contests and rallies involving mainly the use of motor vehicles, motor-driven watercraft or aircraft utilizing petroleum-derived fuels, including car and motorcycle rallies and drag racing; and
(f) Sky-diving and water-skiing.
SEC. 3. Definition of terms. – For the purposes of this Act, the
following terms shall be understood to mean:
“Illegal
trading in petroleum and/or petroleum products” – the sale or distribution of
petroleum products for profit without license or authority from the Government;
non-issuance of receipts by licensed traders; misrepresentation as to quality
and/or quantity; and sale by oil companies, distributors and/or dealers violative of government rules and regulations.
“Hoarding”
– the undue accumulation by a trader of petroleum and/or petroleum products
beyond his or its normal inventory levels and/or the unjustified refusal to
dispose of, sell or distribute the same to consumers; or the unreasonable
accumulation by a person other than a trader of petroleum and/or petroleum
products.
“Overpricing” – the sale of petroleum and/or petroleum products at
prices in excess of those duly authorized by the Government.
“Misuse
of allocation” – the sale, transfer or diversion of mandated petroleum fuel allocations
by oil companies, distributors, dealers or consumers contrary to the declared
intent of the Government in making such allocation.
SEC. 4. Penalties. – Any person who commits any act herein
prohibited shall, upon conviction, be punished with a fine of not less than Two
Thousand Pesos (P 2,000) but not more than Ten Thousand Pesos (P 10,000), or
imprisonment of at least two (2) months but not more than one (1) year, or
both, in the discretion of the court. Furthermore, the petroleum and/or petroleum products,
subject-matter of the illegal trading, hoarding, overpricing and misuse, shall
be forfeited in favor of the Government:
Provided, That if the
petroleum and/or petroleum products have already been delivered and paid, the
payment made shall be the subject of the forfeiture, and if the seller who has
not yet delivered has been fully paid, the price received shall be returned to
the buyer, and in addition, if the offender is a trader, the cancellation of
his license.
Trials
of cases arising under this Act shall be terminated
within thirty (30) days after arraignment.
When
the offender is a corporation, partnership, or other juridical person, the
president, general manager, managing partner, or such other officer charged
with the management of the business affairs thereof shall be criminally
liable.
If
the offender is a government official or employee, he shall
perpetually be disqualified from office.
SEC. 5. Repealing Clause. – All laws, decrees, orders,
instructions, rules and regulations which are
inconsistent with, or contrary to, the provisions of this Act are hereby
repealed or modified accordingly.
SEC. 6. Effectivity. – Upon its approval, this Act shall take
effect after five days from its publication in at least two newspapers of
general circulation.
Approved, June 6, 1979
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