[ EXECUTIVE ORDER NO. 42, October 04, 2023 ]
LIFTING THE MANDATED PRICE CEILINGS ON RICE UNDER EXECUTIVE ORDER NO. 39 (S. 2023)
WHEREAS, Section 2 of Republic Act (RA) No. 7581 or the "Price Act," as amended by RA No. 10623, declares it policy of the State to provide effective and sufficient protection to consumers against hoarding, profiteering and cartels with respect to the supply, distribution, marketing and pricing of goods during periods of calamity, emergency and widespread illegal price manipulation and other similar situations;
WHEREAS, Section 7 of RA No. 7581 provides that the President, upon the recommendation of the implementing agency or the Price Coordinating Council, may impose a price ceiling on any basic necessity or prime commodity in any of the following conditions: (i) threat, existence, or effect of an emergency; (ii) prevalence or widespread acts of illegal price manipulation; (iii) impendency, existence, or effect of any event that causes artificial and unreasonable increase in the price of the basic necessity or prime commodity; and (iv) whenever the prevailing price of any basic necessity or prime commodity has risen to unreasonable levels;
WHEREAS, Executive Order (EO) No. 39 (s.2023) imposed mandated price ceilings at P41.00 and P45.00 per kilogram of regular milled and well-milled rice, respectively;
WHEREAS, Section 2 of EO No. 39 provides that the mandated price ceilings shall remain in full force and effect unless earlier lifted by the President upon the recommendation of the Price Coordinating Council or the Department of Agriculture (DA) and the Department of Trade and Industry (DTI);
WHEREAS, the DA and DTI have jointly recommended the lifting of the mandated price ceilings in view of the decreasing rice prices in the domestic market, increasing supply of rice stock, and declining global rice prices; and
WHEREAS, Section 17, Article VII of the Constitution vests in the President the power of control over all executive departments, bureaus and offices, and the mandate to ensure the faithful execution of laws;
NOW, THEREFORE, I, FERDINAND R. MARCOS, JR., President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:
Section 1. Lifting of the Mandated Price Ceilings on Rice. Following the recommendation of the DA and DTI, the mandated price ceilings on regular milled and well-milled rice under EO No. 39 are hereby lifted.
Section 2. Directive to Other Agencies. To ensure stability of rice prices upon the lifting of the mandated price ceilings, other concerned agencies, consistent with their respective mandates, shall fortify their existing programs and initiatives to provide support and assistance to farmers, retailers, and consumers.
Section 3. Separability. If any part or provision of this Order shall be held invalid or unconstitutional, the provisions not affected thereby shall remain in full force and effect.
Section 4. Repeal. EO No. 39 is hereby repealed. All other orders, rules and regulations, and issuances or parts thereof which are inconsistent with the provisions of this Order are hereby repealed or modified accordingly.
Section 5. Effectivity. This Order shall effect immediately upon publication in the Official Gazette or a newspaper of general circulation.
DONE, in the City of Manila, this 4th day of October, in the year of Our Lord, Two Thousand and Twenty-Three.
(SGD.) FERDINAND R. MARCOS, JR.
By the President:
(SGD.) LUCAS P. BERSAMIN
Executive Secretary