8/13/2019 ACT NO 3247

http://slidepdf.com/reader/full/act-no-3247 1/2

ACT NO. 3247

ACT NO. 3247 - AN ACT TO PROHIBIT MONOPOLIES ANDCOMBINATIONS IN RESTRAINT OF TRADE

SECTIONS 1, 2 and 3 (Repealed).

Sec. 4. The Supreme Court and the Courts of First Instance * shall have concurrent jurisdiction to preventand restrain violations of this Act; and it shall be the duty of the Attorney-General (now Solicitor General),the Fiscal of the City of Manila and the provincial fiscal, or whoever may act in their stead, to instituteproceedings to prevent and restrain such violations. Such proceedings may be by way of petition settingforth the case and praying that such violation shall be enjoined or otherwise prohibited. When the partiescomplained of shall have been duly notified of such petition, the court shall proceed as soon as may be, tothe hearing and determination of the case; and pending such petition and before final decree, the court mayat any time make such temporary restraining order or prohibition as shall be deemed just in the premises.

Sec. 5. (Repealed)

Sec. 6. Any person who shall be injured in his business or prope rty by any other person by reason ofanything forbidden or declared to be unlawful by this Act, shall recover threefold the damages by himsustained and the costs of suit, including a reasonable attorney's fee.

Sec. 7. The word "person", or "persons", wherever used in this Act, shall be deemed to include corporationsand associations.

Sec. 8. This Act shall take effect on its approval.

Approved, December 1, 1925

The foregoing Secs. 1, 2, 3, and Sec. 5 of this Act are repealed and superseded by Art. 367 of Act No. 3815(Revised Penal Code), as amended by Republic Act No. 1956, Approved June 22, 1957, provides:

"Art. 186. Monopolies and co mbination in restraint of trade. — The penalty of prision correccional in itsminimum period or a fine ranging from P200 to P6,000 pesos, or both, shall be imposed upon:

1. Any person who shall enter into any contract or agreement or shall take part in any conspiracy or

combination in the form of a trust or otherwise, in restraint of trade or commerce or to prevent by artificialmeans free competition in market;

2. Any person who shall monopolize any merchandise or object of trade or commerce, or shall combine withany other person or persons to monopolize said merchandize or object in order to alter the price thereof byspreading false rumors or making use of any other article to restrain free competition in the market;

3. Any person who, being a manufacturer, producer, or processor of any merchandise or object of commerceor an importer of any merchandise or object of commerce from any foreign country, either as principal oragent, wholesaler or retailer, shall combine, conspire or agree in any manner with any person likewiseengaged in the manufacture, production, processing, assembling or importation of such merchandise orobject of commerce or with any other persons not so similarly engaged for the purpose of makingtransactions prejudicial to lawful commerce, or of increasing the market price in any part of the Philippines,of any such merchandise or object of commerce manufactured, produced, processed, assembled in orimported into the Philippines, or of any article in the manufacture of which such manufactured, produced,processed, or imported merchandise or object of commerce is used.

If the offense mentioned in this Article affects any food substance, motor fuel or lubricants, or other articles

of prime necessity, the penalty shall be that of prision mayor in its minimum and medium periods, it beingsufficient for the imposition thereof that the initial steps have been taken toward carrying out the purposesof the combination.

Any property possessed under any contract or by any combination mentioned in the preceding paragraphs,and being the subject thereof, shall be forfeited to the Government of the Philippines.

Whenever any of the offenses described above is committed by a corporation or association, the presidentand each one of the directors or managers of said corporation or association or its agent or representative inthe Philippines in case of a foreign corporation or association, who shall have knowingly permitted or failedto prevent the commission of such offenses, shall be held liable as principals thereof." (As amended by Rep.Act No. 1956)

8/13/2019 ACT NO 3247

http://slidepdf.com/reader/full/act-no-3247 2/2

Footnotes

* Now Regional Trial Courts.