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SECRETARY VINCENT S. PEREZ v. LPG REFILLERS ASSOCIATION OF PHILIPPINES

This case has been cited 4 times or more.

	GR No. 176549 2016-01-20	DEPARTMENT OF AGRARIAN REFORM v. ROMEO C. CARRIEDO JARDELEZA, J.
In Perez v. LPG Refillers Association of the Philippines, Inc.,[83] this Court said that for an administrative regulation to have the force of a penal law, (1) the violation of the administrative regulation must be made a crime by the delegating statute itself; and (2) the penalty for such violation must be provided by the statute itself.[84]
	GR No. 182147 2010-12-15	ARNEL U. TY v. NBI SUPERVISING AGENT MARVIN E. DE JEMIL VELASCO JR., J.
Contrary to petitioners' arguments, a single underfilling constitutes an offense under BP 33, as amended by PD 1865, which clearly criminalizes these offenses. In Perez v. LPG Refillers Association of the Philippines, Inc.,[68] the Court affirmed the validity of DOE Circular No. 2000-06-010 which provided penalties on a per cylinder basis for each violation, thus: B.P. Blg. 33, as amended, criminalizes illegal trading, adulteration, underfilling, hoarding, and overpricing of petroleum products. Under this general description of what constitutes criminal acts involving petroleum products, the Circular merely lists the various modes by which the said criminal acts may be perpetrated, namely: no price display board, no weighing scale, no tare weight or incorrect tare weight markings, no authorized LPG seal, no trade name, unbranded LPG cylinders, no serial number, no distinguishing color, no embossed identifying markings on cylinder, underfilling LPG cylinders, tampering LPG cylinders, and unauthorized decanting of LPG cylinders. These specific acts and omissions are obviously within the contemplation of the law, which seeks to curb the pernicious practices of some petroleum merchants.[69] (Emphasis supplied.)
	GR NO. 173034 2007-10-09	PHARMACEUTICAL v. HEALTH SECRETARY FRANCISCO T. DUQUE III AUSTRIA-MARTINEZ, J.
In a more recent case, Perez v. LPG Refillers Association of the Philippines, Inc.,[77] the Court upheld the Department of Energy (DOE) Circular No. 2000-06-10 implementing Batas Pambansa (B.P.) Blg. 33. The circular provided for fines for the commission of prohibited acts. The Court found that nothing in the circular contravened the law because the DOE was expressly authorized by B.P. Blg. 33 and R.A. No. 7638 to impose fines or penalties.
	GR NO. 159149 2007-08-28	SECRETARY VINCENT S. PEREZ v. LPG REFILLERS ASSOCIATION OF PHILIPPINES QUISUMBING, J.
The Circular satisfies the first requirement. B.P. Blg. 33, as amended, criminalizes illegal trading, adulteration, underfilling, hoarding, and overpricing of petroleum products. Under this general description of what constitutes criminal acts involving petroleum products, the Circular merely lists the various modes by which the said criminal acts may be perpetrated, namely: no price display board, no weighing scale, no tare weight or incorrect tare weight markings, no authorized LPG seal, no trade name, unbranded LPG cylinders, no serial number, no distinguishing color, no embossed identifying markings on cylinder, underfilling LPG cylinders, tampering LPG cylinders, and unauthorized decanting of LPG cylinders'[4] (Emphasis supplied.)