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Executive Order No. 39 (2023)

Executive Order No. 39 (2023)

—Section 7 of RA No. 7581 provides that the President, upon the recommendation of the implementing agency of the Price Coordinating Council, may impose a price ceiling on any basic necessity or prime commodity in any of the following conditions: (i) threat, existence, or effect of an emergency; (ii) prevalence or widespread acts of illegal price manipulation; (iii) impendency, existence, or effect of any event that causes artificial and unreasonable increase in the price of the basic necessity o

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Section 1

Mandated Price Ceilings

Section 1. Mandated Price Ceilings.—Upon the joint recommendation of the DA and DTI, the mandated price ceilings on rice shall be implemented in the whole country, as follows:

———

Rice Variety

Mandated Price Ceiling

Regular Milled Rice

P41.00 per kilogram

Well-Milled Rice

P45.00 per kilogram

Section 2

Period

Section 2. Period.—The mandated price ceilings shall remain in full force and effect unless earlier lifted by the President upon the recommendation of the Price Coordinating Council or the DA and DTI.

Section 3

Agency Directives

Section 3. Agency Directives.—To ensure the immediate and effective implementation of this Order, the following national government agencies are directed to perform the following:

a. Pursuant to Section 10(9) and (15) of RA No. 7581, the DTI and DA shall ensure the strict implementation of the mandated price ceilings on rice in the market, including monitoring and investigation of abnormal price movements thereof, and provision of assistance to affected retailers. The Department of the Interior and Local Government shall provide the necessary support to the DA and DTI for this purpose;

b. To the fullest extent permitted by existing laws, including without limitation, Sections 3, 4 and 5 of RA No. 10845 and Section 5(1) of RA No. 7581, in relation to Section 224 and other relevant provisions of RA No. 10863 or the "Customs Modernization and Tariff Act," the Bureau of Customs (BOC) shall intensity ongoing inspections and raids of rice warehouses to combat hoarding and illegal importation of rice in the country, and to facilitate the confiscation, seizure, or forfeiture of smuggled rice as may be warranted by law. To this end, the DA shall provide the necessary assistance to the BOC, which shall include the sharing of relevant information such as inventory of rice stocks, list of accredited rice importers, and location of rice warehouses;

c. Consistent with Section 12(a) and (l) of RA No. 10667 or the "Philippine Competition Act," the Philippine Competition Commission, in coordination with the DA and DTI, shall take measures against cartels or those abusing their dominant position in the market to ensure fair market competition and uphold consumer welfare and protection; and

d. The Philippine National Police and other law enforcement agencies shall render the necessary support and assistance to the DTI and DA to ensure the immediate and effective enforcement of this Order.

Section 4

Separability

Section 4.

Separability. —If any part or provision of this Order shall be held invalid or unconstitutional, the provisions not affected thereby shall remain in full force and effect.

Section 5

Repeal

Section 5. Repeal.—All orders, rules and regulations, and other issuances or parts thereof which are inconsistent with the provisions of this Order are hereby repealed or modified accordingly.

Section 6

Effectivity

Section 6.

Effectivity. —This Order shall take effect immediately upon publication in the Official Gazette or in a newspaper of general circulation. 1aшphi1

DONE, —in the City of Manila, this 31st—day of August, in the year of Our Lord, Two Thousand and Twenty-Three.

(SGD.)— FERDINAND R. MARCOS, JR.

By the President:

(SGD.)— LUCAS P. BERSAMIN Executive Secretary