Automatic Price Control
The president can freeze the prices of basic necessities in a given area
at their prevailing prices in any of the following instances:
1.) State of calamity/disaster area
2.) State of emergency
3.) Suspension of the privilege of the writ of habeas corpus
4.) Martial law
5.) State of rebellion
6.) State of war
“Calamity” and “disaster” can be either natural or man-made.
If the prevailing price is unreasonable or excessive, the implementing
agency in question can recommend the imposition of a ceiling price for the
basic necessity different from the prevailing price. This power of price
control has a maximum duration of 60 days.
Mandated Price Ceiling
The president, on the recommendation of the agency concerned or the
Price Coordinating Council (which consists of the Secretary of the DTI as
chair, the secretaries of Agriculture, Health, DENR DILG, DOJ and DOTC,
Director General of the NEDA, 1 representative each from the consumers',
agricultural producers', trading and manufacturers' sectors,) can impose a
ceiling price on any basic necessity/prime commodity under any of the following
conditions:
1.) Impendency, existence or effects of a calamity
2.) Threat, existence or effect of an emergency
3.) Prevalence/widespread acts of illegal price manipulation
4.) Impendency, existence or effect of any event causing artificial and
unreasonable in the price of the basic necessity/prime commodity in question
5.) If the prevailing price of the basic necessity/prime commodity has risen
to unreasonable levels
Determination of Price Ceilings
The following factors will be considered to determine a reasonable price
ceiling:
1.) The average price of the last 3 months immediately before the
proclamation of the price ceiling
2.) Supply availability in the market
3.) The cost to the producer, manufacturer, distributor or seller,
including:
4.) The peso to foreign currency exchange rate to which the basic
necessity/prime commodity or any of its components, ingredients or raw
materials was paid for
5.) Changes in the amortization costs of machinery because of fluctuations
in the foreign currency exchange rate with which the machinery was bought
through credit facilities
6.) Changes in labor costs caused by changes in the minimum wage
7.) Changes in transportation costs
I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
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