Amendment of Anti-Hoarding and Panic Buying Ordinance of the Province of Ilocos Sur

AN ORDINANCE PENALIZING THE HOARDING AND PANIC BUYING OF BASIC

NECESSITIES AND PRIME COMMODITIES IN THE PROVINCE OF ILOCOS SUR
DURING THE DURATION OF PUBLIC HEALTH EMERGENCY

AUTHORED BY: VIRGINIA CORDERO PE BENITO

CO – AUTHORED BY: JAIME JIMBOY SINGSON

SUBJECT AS ABOVE STATED

N:B: The amendments incorporated into the Ordinance are underlined. Xxxxxxxxxxxxxx

AN ORDINANCE PENALIZING THE HOARDING AND OTHER SIMILAR BUSINESS

MALPRACTICES AND PANIC BUYING OF BASIC NECESSITIES AND PRIME
COMMODITIES DURING AND AFTER THE PUBLIC HEALTH EMERGENCY

Authored by: Hon. Constante Oandasan

WHEREAS, the unabated hoarding and panic buying of prime commodities and basic
necessities in times of health emergencies, has the debilitating effect especially to those who are
less fortunate in life;

WHERES, the province is experiencing an unreasonable hoarding of basic necessities and prime
commodities amidst the constant threat of COVID-19 in the province

WHEREAS, it is the mandate and shared responsibility of the Department of Trade and Industry
and the local government of Ilocos Sur to ensure the availability of supply of basic necessities
especially during such time of a public health emergency;

WHEREAS, people who will be caught hoarding food and other goods at stores and markets
shall be penalized by the Provincial Government of Ilocos Sur.

WHEREAS, the unceasingly threat of the pandemic novel coronavirus is a challenge to all
ilocanoes to show by what an individual and responsible citizen can do in the fight of this health
issue;

WHEREAS, to ensure that adequate supply will be available for the market while the province
under community quarantine pursuant to executive order No. 14, Series of 2020 issued by the
Honorable Governor Ryan Luis V. Singson and under the declaration of a State of Public Health
Emergency in the entire Philippines is lifted hoarding, profiteering, cartel, monopoly injuries
speculations, price manipulations and similar business malpractices are strongly prohibited to
avoid panic buying;

Be it enacted by the Sangguniang Panlalawigan of Ilocos Sur in session assembled that:

SECTION 1. Title – this ordinance shall be known as Anti-hoarding and similar business
malpractices and Panic Buying Ordinance of Ilocos Sur.

SECTION 2. Declaration of Policies – The province of Ilocos Sur shall ensure the availability of
basic necessities and prime commodities at a reasonable price in times of health emergencies.
The province shall also provide effective and sufficient protection to consumers against
hoarding, profiteering and cartels with respect to supply, distribution, marketing and pricing of
said goods, especially during periods of calamity, emergency, widespread illegal price
manipulation and other similar situations;

SECTION 3. Purpose- Consistent with the above declaration of Policy the Purpose of the
Ordinance is to prohibit hoarding, profiteering, cartels, monopoly, injuries and speculations,
price manipulation and similar business malpractices during and after the duration of the Public
Health Emergency and set guidelines and limitations that a consumer registered retailers, sari-
sari store owners and business establishments may buy per day, to ensure that there will be
available supplies for families until the declaration of a State of Public Health Emergency in the
entire Philippines is lifted.

SECTION 4. Objectives - the objectives of this ordinance are as follows:

a) To set restrictions or to limit the number of basic necessities and prime commodities each
individual consumers and resellers may purchase.

b) Promote a compassionate humanitarian deeds

c) Creation of a new culture of heroism
d) Economic empowerment of the people;
e) Encourage a social responsibility and moral duty shared among business, consumers,
government regulators and law enforcement authorities;
To meet the objectives of this ordinance, retailers are hereby enjoined to sell and
consumers to buy products referred herein in such quantity as to meet the needs only for a
maximum of seven (7) days.
SECTION 5. Coverage- This Ordinance covers every consumer, registered retailer, sari-sari store
owner’s business establishment and the like.

SECTION 6. Definition of Terms- As used in this Ordinance the following Terms shall mean.

a. Hoarding- the undue accumulation or storing/keeping by a person, retailer, sari-sari store

owner and/or business establishment and the like or any basic necessity or prime
commodity beyond needs. It also means the refusal to sell the basic necessity or prime
commodity or any product to the purpose or motive of obtaining unreasonable higher
profit or return of investment. It further means any act that tends to create “ARTIFICIAL
SHORTAGE” that tend to increase in prices especially basic necessities to price
commodities and panic buying.
b. Profiteering- the sale or offering for sale of any basic necessity or prime commodity at a
price grossly in excess of its true worth. There shall be prima facie evidence of
profiteering whenever a basic necessity or prime commodity being sold:
i. Has no price tag;
ii. Is misrepresented as to its weight and measurement;
iii. Is adulterated or diluted; or
 iv. Whenever a person raises the price of any basic necessity or prime
commodity he sells or offers for sale to the general public by more than
ten percent (10%) of its price in the immediately precending month:
Provided, that in the case of agricultural crops, fresh fish, fresh marine
products, and other seasonal products covered by this Ordinance and as
determined by the implementing agency, the prima facie provision shall
not apply.
c. Cartel- any combination of or agreement between two (2) or more persons engaged in the
production, manufacture, processing, storage, supply, distribution, marketing, sale or
disposition of any basic necessity or prime commodity designed to artificially and
unreasonably increase or manipulate its price. There shall be prima facie evidence of
engaging in a cartel whenever two (2) or more persons or business enterprises competing
for the same market and dealing in the same basic necessary or prime commodity,
perform uniform or complementary acts among themselves which tend to bring about
artificial and unreasonable increase in the price of any basic necessity or prime
commodity or when they simultaneously and unreasonably increase prices on their
competing products thereby lessening competition among themselves.
d. Monopoly- extreme result of free-market capitalism in that absent any restriction or
restraints, a single company or group becomes large enough to own all or nearly all of the
market (goods, supplies, commodities, infrastructure, and assets) for a particular type of
product or service.
e. Injuries speculation- involves trading a financial instrument involving high risk, in
expectation of significant returns. The motive is to take maximum advantage from
fluctuations in the market.
f. Price manipulation- unlawful for any person habitually engaged in the production,
manufacture, importation, storage, transport, distribution, sale or other methods of
disposition of goods to engage in the following acts manipulation of the price of any
necessity or prime commodity
g. Registered retailers and sari-sari store owner - a person or business who possesses a
business permit to conduct or operate a business in selling goods to the public in
relatively small quantities for use or consumption rather than for resale.
h. Business establishments – engaged in the business of trading goods, such as consumer
products (canned goods, housewares, toiletries, dry goods, and food products, among
others) on a wholesale and retail basis.
i. Technical Working Group (TWG)- persons who will carry out the intents and purposes
of this Ordinance
SECTION 7. Suspension of Ordinance- This Ordinance shall be suspended with respect to panic
buying and purchase guidelines (SECTION 9 hereof) after the lifting of the State of Public
Health Emergency but it resumes whenever any other public emergency that tends to create
panic buying occurs. However, there shall be no suspension of the Ordinance with respect to
hoarding, profiteering, cartels, monopoly injuries speculations, price manipulations and similar
business malpractices as these, can be done unscrupulous businessmen anytime.

SECTION 8. Prohibited Business Practices- It shall be prohibited and it shall be unlawful for any
person, business owner, business entity or establishment to do or engage in hoarding,
profiteering, cartels, monopoly injuries, price manipulations and similar business malpractices as
defined in the Ordinance.

SECTION 9. Purchase Guidelines- a). Individual consumers are allowed to buy the following
items in limited amounts:

Food

 Canned sardines - 5 cans

 Other canned goods (meat loaf, corned beef, tuna, etc) - 4 cans each kind
 Powdered milk sachets - Maximum of 2 bundles
 Milk formula - 1 box or can
 Coffee (3-in-1) - Maximum of 12 sachets
 Bread - 3 packs
 Instant noodles (mami, pancit canton) – 5 pieces per type per brand
 Eggs - 1 dozen
 Cooking oil - 1 liter
 Sugar - 2 kilograms
 Rice - Maximum of 50 kilograms
 Mineral Water – 10 bottles small any brand; 2 bottles any brand exra-large.

Non-food

 Alcohol - Maximum of 2 bottles (500 ml); maximum of 3 bottles (below 500 ml); 1 bottle
(more than 500 ml)
 Hand sanitizers - 2 bottles (100 ml) regardless of size
 Toilet paper – 10 pieces
 Bath soap - 5 bars
 Liquid hand soap - 2 bottles (500 ml); 3 bottles (below 500 ml)
 Disinfectant solutions (Clorox, Lysol, Domex, and the like) – 2 pieces regardless of size
 Face masks - 5 pieces surgical mask or 5 pieces N95
 Multivitamins/Vitamin C - 1 box (100 pcs), 1 bottle
b). For registered retailers and sari-sari store customers:

Food

 Canned sardines - 24 cans

 Other canned goods (meat loaf, corned beef, tuna, etc) - 12 cans each kind
 Powdered milk sachets - 5 bundles (regardless of kind) 
 Milk formula - Maximum of 5 boxes or cans
 Coffee (3-in-1) – 2 bundles
 Bread - 10 packs
 Instant noodles - 48 pouches
 Eggs - 5 dozen
 Cooking oil - Maximum of 5 liters
 Sugar - Maximum of 10 kilograms
 Rice - 150 kilograms (3 sacks)
 Mineral Water – 20 bottles small any brand; 5 bottles any brand exra-large.

Non-food

 Alcohol - 15 bottles (300 ml); 10 bottles (500 ml); 5 bottles (more than 500 ml)
 Hand sanitizers - 10 bottles (100 ml)
 Toilet papers - Maximum of 48 rolls
 Bath soaps - Maximum of 24 bars of different kind
 Liquid hand soap - 10 bottles (500 ml); 10 bottles (below 500 ml)
 Disinfectant solutions (Clorox, Lysol, Domex, and the like) - 3 gallons (regardless of the
kind)
 Face masks - 100 pcs
 Multivitamins/Vitamin C - 5 boxes (500 pcs); 5 bottles

c). Retailers acquiring goods must present their business permit before they can avail of the
higher quantity limits.

d). Establishments shall control and manage the conduct of selling and buying of goods within
the premises. It shall not allow consumers to hoard. The selling of goods, however, depends on
the availability of products of the establishment. The latter has the obligation to determine the
availability of goods and to control its distributions.

SECTION 10. SANCTION/PENALTIES-

(a) Any person, business owner, business entity or establishment found to be doing or engaging
in any or all of the Prohibited Business Practices, stated in Section 8 hereof as defined in Section
6 hereof shall be punished with a fine:

First Offense: One Thousand (1,000.00);

 Second Offense: Three Thousand (3,000.00); and

Third Offense: Five Thousand (5,000.00) or an imprisonment of not

more than one month or both.

(b) Any person found violating or to have violated any provision on the Purchase Guidelines
(Section 9 hereof) shall be meted as follows:

First Offense: One Thousand (1,000.00);

Second Offense: Three Thousand (3,000.00); and

Third Offense: Five Thousand (5,000.00) or an imprisonment of not

more than one month or both.

(c) Any business establishments or entity found violating or to have violated the same shall be
meted a fine of:

First Offense: One Thousand (5,000.00);

Second Offense: Three Thousand (10,000.00); and

Third Offense: Five Thousand (15,000.00) or an Imprisonment of

not more than six (6) months or both.

Provided that the imprisonment shall be meted or punished by violating business owners or in-
charge of business establishment or entity.

SECTION 11. Office Integration and creation of the TWG – the following offices, business
associations, and NGOs/POs shall work as one in the implementation of this Ordinance and
constituted for this purpose is the ANTI HOARDING AND PANIC BUYING-TWG, to wit:

a. Office of the Provincial Governor – with the Governor, as Chairman;

b. Sangguiang Panlalawigan Office, Committee on Trade and Industry – with its Chairman
as Co-chairman; Committee on Agriculture, as a member, Committee on Health, as a
member
c. Provincial Legal Office- with its representative as a member
d. Liga ng mga Barangay – with its President as member;
e. Department of Trade and Industry (DTI) Provincial Director as Member
f. Department of Health
g. Department of Transportation and Communication
h. Department of Agriculture
i. Muncipal/City mayors and Sanggunians
 j. Department of the Interior and Local Government – with its representative as a member
k. Philippine Statistic Authority- with its representative as a member
SECTION 12. Powers and Functions of the Technical Working Group (TWG)- The Technical
Working Group (TWG) shall have the following functions:

1. He shall develop, promulgate and implement programs, projects or measures to promote

productivity in all basic necessities and prime commodities;
2. He shall promote and facilitate in the establishment of an effective procurement, storage,
marketing and distribution system of basic necessities and prime commodities to ensure
their availability in all areas of the Province of Ilocos Sur where they are needed;
3. It shall coordinate the productivity, distribution and price stabilization programs, projects
an measures of the Government and develop comprehensive strategies to effect a general
stabilization of prices of basic necessities and prime commodities at affordable services;
4. It may require from its members or any oother government agency such information as it
may deem necessary and conduct public hearings for purposes of assessing the supply,
distribution and price situation of any basic necessity or prime commodity;
5. He may conduct investigations of any violation of this Ordinance and after due notice and
hearing, impose administrative fines in such amount as he may deem reasonable;

SECTION 13. Separability Clause – Any provision or portion of this Ordinance found to
be violative of the constitution or invalid shall not impair the other provisions or parts
thereof which shall continue to be in force and in effect.
SECTION 14. Repealing Clause – Ordinances, rules and regulations or parts thereof, which are
inconsistent or in conflict with the provisions of this Ordinance, are hereby repealed or modified
accordingly.

SECTION 15. Effectivity. – This ordinance shall take effect immediately upon its approval.