EXECUTIVE ORDER NO. 913 October 7, 1983
STRENGTHENING THE RULE - MAKING AND ADJUDICATORY POWERS OF THE MINISTER OF TRADE AND INDUSTRY IN ORDER TO FURTHER PROTECT CONSUMERS
WHEREAS, the broad and extensive functions and responsibilities of the Ministry of Trade and Industry as regards trade, industry, and investments are carried out through the rule-making and adjudicatory powers, among others;
WHEREAS, the rule-making and adjudicatory powers of the Minister of Trade and Industry are scattered in various laws pertaining to the defunct Ministry of Trade, to the defunct Ministry of industry, and to government agencies in general;
WHEREAS, certain aspects of such rule-making and adjudicatory powers need urgent revision by restating and clarifying the legal provisions embodying them, in order to prevent confusion and remove doubts as to the nature and extent of such powers;
WHEREAS, the said laws provide for diverse, resource-draining, and time-consuming processes of adjudication and thus it is necessary that such processes be made uniform, economical and simple and that the penalties imposable be made commensurate with the...
Details
Amends
n/a
Amended by
n/a
Executive Orders
Strengthening the Rule - Making and Adjudicatory Powers of the Minister of Trade and Industry In Order to Further Protect Consumers
Executive Order No. 913
EXECUTIVE ORDER NO. 913
Definition of Terms (Sec. 1):
- "Minister" means the Minister of Trade and Industry.
- "Ministry" means the Ministry of Trade and Industry and its bureaus, offices, or attached agencies.
- "Trade and industry law" means any issuance regulating trade and industry activities, subject to implementation by the Ministry.
Rule-Making Power (Sec. 2-3):
- The Minister can promulgate rules and regulations to implement trade and industry laws.
- Rules and regulations must be published in at least two newspapers of general circulation and take effect 15 days after publication, except for emergency rules.
- Voluminous rules can be published as a notice with information on how to obtain the full text.
Adjudicatory Power (Sec. 4-13):
- The Minister can establish arbitration, conciliation, and mediation systems for trade and industry disputes, including compulsory arbitration for critical activities (Sec. 4).
- The Minister can conduct formal investigations and impose administrative penalties for violations of trade and industry laws, independent of criminal or civil actions (Sec. 5).
- Administrative penalties include: cease and desist orders, voluntary assurance of compliance, seizure of products, forfeiture of properties, fines of 500 to 1,000 pesos per day of violation, cancellation or suspension of permits/licenses, withholding of permits/licenses, assessment of damages, censure, and other analogous penalties (Sec. 6-9).
- The Minister can issue preliminary orders and preventive measures before formal investigation, such as seizure of goods, padlocking of premises, holding vessels/aircraft, preventing departure from the Philippines, and other necessary measures (Sec. 10-11).
- The Minister can deputize law enforcement agencies or private entities for enforcement of decisions (Sec. 12).
- The Minister's decision becomes final and executory 15 days after receipt, unless an appeal or judicial review is filed (Sec. 13).
Other Authorizations and Provisions (Sec. 14-21):
- The Minister can implement trade and industry laws that are silent on the implementing authority (Sec. 14).
- Other government agencies can deputize the Ministry to perform trade and industry-related functions, subject to approval by the President (Sec. 15).
- The Minister can delegate powers to officers or employees under his control (Sec. 16).
- The prescriptive period for instituting formal investigations is three years (Sec. 17).
- The Minister shall promulgate implementing rules and regulations (Sec. 18).
- The Executive Order has a separability clause (Sec. 19) and a repealing clause for inconsistent issuances (Sec. 20).
- The Executive Order takes effect upon publication in a newspaper of general circulation (Sec. 21).
Definition of Terms (Sec. 1):
- "Minister" means the Minister of Trade and Industry.
- "Ministry" means the Ministry of Trade and Industry and its bureaus, offices, or attached agencies.
- "Trade and industry law" means any issuance regulating trade and industry activities, subject to implementation by the Ministry.
Rule-Making Power (Sec. 2-3):
- The Minister can promulgate rules and regulations to implement trade and industry laws.
- Rules and regulations must be published in at least two newspapers of general circulation and take effect 15 days after publication, except for emergency rules.
- Voluminous rules can be published as a notice with information on how to obtain the full text.
Adjudicatory Power (Sec. 4-13):
- The Minister can establish arbitration, conciliation, and mediation systems for trade and industry disputes, including compulsory arbitration for critical activities (Sec. 4).
- The Minister can conduct formal investigations and impose administrative penalties for violations of trade and industry laws, independent of criminal or civil actions (Sec. 5).
- Administrative penalties include: cease and desist orders, voluntary assurance of compliance, seizure of products, forfeiture of properties, fines of 500 to 1,000 pesos per day of violation, cancellation or suspension of permits/licenses, withholding of permits/licenses, assessment of damages, censure, and other analogous penalties (Sec. 6-9).
- The Minister can issue preliminary orders and preventive measures before formal investigation, such as seizure of goods, padlocking of premises, holding vessels/aircraft, preventing departure from the Philippines, and other necessary measures (Sec. 10-11).
- The Minister can deputize law enforcement agencies or private entities for enforcement of decisions (Sec. 12).
- The Minister's decision becomes final and executory 15 days after receipt, unless an appeal or judicial review is filed (Sec. 13).
Other Authorizations and Provisions (Sec. 14-21):
- The Minister can implement trade and industry laws that are silent on the implementing authority (Sec. 14).
- Other government agencies can deputize the Ministry to perform trade and industry-related functions, subject to approval by the President (Sec. 15).
- The Minister can delegate powers to officers or employees under his control (Sec. 16).
- The prescriptive period for instituting formal investigations is three years (Sec. 17).
- The Minister shall promulgate implementing rules and regulations (Sec. 18).
- The Executive Order has a separability clause (Sec. 19) and a repealing clause for inconsistent issuances (Sec. 20).
- The Executive Order takes effect upon publication in a newspaper of general circulation (Sec. 21).