Justice Acting Secretary Frederrick Vida has recommended that the Anti-Agricultural Economic Sabotage (AAES) council set clear guidelines for the donation of seized agricultural and fishery products that are safe for human consumption.

In a legal opinion dated 12 December 2025, addressed to Department of Finance Secretary Frederick D. Go, Vida said smuggled goods certified as safe could, under interagency supervision and with Finance Secretary approval, be donated to appropriate beneficiaries. This is in line with Section 1141 of the Customs Modernization and Tariff Act (RA 10863).

“The power to create these rules stems from the law itself, which mandates agencies to issue regulations to effectively implement its provisions while harmonizing with related laws,” Vida explained.

The recommendation came in response to an AAES Executive Committee meeting last 29 August 2025, where the Bureau of Customs (BoC) expressed its intention to turn over forfeited fishery products seized in a joint operation by several agencies.

While the AAES Executive Committee raised concerns about aligning the CMTA with the AAES Act (RA 12022), Vida clarified the law allows flexibility. Section 19 of the AAES Act requires smuggled agricultural and fishery products to be destroyed after judicial inspection, while locally sourced products involved in hoarding or profiteering may be donated to the DSWD or local government units.

“Smuggled agricultural and fishery products may still be donated, provided the donation is coursed through the BOC, pursuant to Section 20 of the AAES Act in relation to Section 1141 of the CMTA,” Vida said.

He also emphasized that the BoC’s powers remain intact, including the authority to dispose of smuggled goods — and, in certain cases, donate them to other government agencies like the DSWD.

Vida added that allowing the donation of safe and fit-for-consumption goods aligns with the AAES Act’s goals: protect consumers, safeguard food security, and prevent manipulative market practices. When tightly regulated, donations can prevent waste, support vulnerable communities, and uphold the well-being of both consumers and the agriculture and fisheries sectors.