(NAR) VOL. 5 NO. 2/APRIL-JUNE 1994

[ DTI ADMINISTRATIVE ORDER NO. 3, s. 1994, June 01, 1994 ]

AMENDING M.O. NO. 69, S. OF 1983 TO INCLUDE R.A. 2712 ENTITLED, "AN ACT PROHIBITING THE IMPORTATION OF COFFEE" IN THE ENUMERATION OF "TRADE AND INDUSTRY LAWS"



WHEREAS, under R.A. 2712, the importation of roasted coffee beans, roasted ground coffee, instant or soluble coffee in powder form, extract or concentrate in liquid form or finished coffee products in any form, raw coffee beans of the robusta, excelsa and liberica varieties, is prohibited; and, effective in 1964, the importation of raw coffee beans of the arabica varieties was also completely banned, except those authorized by the President;

WHEREAS, inspite of this prohibition, the illegal importation of coffee is still rampant;

WHEREAS, the law does not provide for administrative remedy to penalize the violators, except for judicial action;

WHEREAS, R.A. 2712 is silent as to which agency should implement the law;

WHEREAS, The Secretary of Trade and Industry is empowered under Sec. 14 of E.O. 913, S. of 1983 to implement any trade and industry law which is silent as to the implementing authority;

WHEREAS, R.A. 2712 is considered as a trade and industry law just like other laws on importation, i.e., law on the importation of used trucks and engines, which are considered trade and industry laws.

NOW, THEREFORE, pursuant to the power vested in me by E.O. 913, S. of 1983, it is hereby prescribed:

SECTION 1.       Section 1 of Ministry Order No. 69, Series of 1983, as amended by DAO No. 14, S. of 1993 and DAO No. 6, Series of 1991, is hereby further amended to include Republic Act No. 2712 in the enumeration of "Trade and Industry Laws", to read as follows:

Republic Act No. 2712 — An Act to prohibit the Importation of Coffee.

SECTION 2.       After the effectivity of this Department Administrative Order, those found guilty of violating R.A. 2712 shall be administratively liable under E.O. 913, S. of 1983;

SECTION 3.       Nothing in this Administrative Order shall be interpreted as to diminish substantive rights existing in other laws;

SECTION 4.       This Department Administrative Order shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation.

Adopted: 1 June 1994

(SGD.) RIZALINO S. NAVARRO
Secretary


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