EIAB MEMORANDUM CIRCULAR NO. 93-11-01, November 05, 1993

[ EIAB MEMORANDUM CIRCULAR NO. 93-11-01, November 05, 1993 ]

HOARDING OF LPG

This Bureau has received reports regarding instances of scarcity or shortage of liquefied petroleum gas (LPG) in some areas of Metro Manila and Luzon provinces, allegedly due to the refusal of certain unscrupulous traders to sell their LPG products to the public. In this regard, all concerned are hereby reminded that said acts constitute hoarding of LPG expressly prohibited and penalized under Sections 2 (b) and 3 of Batas Pambansa Blg. 33 as amended by P.D. 1865 which provides, thus:

"SECTION 2. Prohibited Acts -

x x x x x x

(b) Hoarding of petroleum and/or petroleum products

SECTION 3. Definitions of Terms — x x x 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; x x x

SECTION 4. Penalties — Any person who commits any acts herein prohibited shall upon conviction, be punished with a fine of not less than TWENTY THOUSAND PESOS (P20,000.00) but not more than FIFTY THOUSAND PESOS (P50,000.00), or imprisonment of at least TWO (2) years but not more than FIVE (5) years, or both, in the discretion of the court. x x x x x x." In addition to the penal sanction for said violation, this Bureau is likewise authorized to impose in an administrative proceeding, after due notice and hearing, upon any person who commits such violation a fine of not more than ten thousand pesos (P10,000.00) or to suspend or remove the license or permit of hauler, marketer, refiller, dealer, sub-dealer or retail outlet.

For your guidance.

Adopted: 5 Nov. 1993

(Sgd.) NEPTALI S. FRANCO Director