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https://lawyerly.ph/laws/view/l4a31
[Act No. 3247, (1925-12-01)](https://lawyerly.ph/laws/view/l4a31)
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[ Act No. 3247, December 01, 1925 ]

AN ACT TO PROHIBIT MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE

Be  it  enacted by the Senate and House of Representatives of the Philippines in Legislature assembled and by the authority of the same.

SECTION  1. Every  agreement,  contract,  conspiracy,  or combination in  the form of trust or otherwise, in restraint of trade or commerce or intended to prevent  or preventing by artificial means free competition in the market, is hereby declared to be illegal, and any person who shall make any such  contract or engage in any such combination or conspiracy shall be punished by fine not exceeding five thousand  pesos, or by imprisonment not exceeding one year, or by  both such  fine and imprisonment, in the discretion of the court.

SEC.  2. Every  person  who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize by artificial means restraining' free competition  in the market,  any part of trade or commerce,  shall be  punished by fine not exceeding  five thousand  pesos, or by imprisonment not exceeding  one year, Or by both such fine and imprisonment,  in the discretion of the court.

SEC.  3. Every combination, conspiracy, trust, agreement, or  contract is hereby declared to  be  contrary to public policy,  illegal,  and  void  when  the  same  is  made by or between two or  more persons either of whom, as agent or principal, is engaged  in importing  any article  from any foreign country into the  Philippine Islands, and when such combination, conspiracy, trust,  agreement, or contract is' intended to operate in restraint of lawful trade, or free competition in lawful trade or commerce, or to increase the market price in any part of the Philippine Islands  of any article or articles imported or intended  to be imported into the Philippine Islands, or of any manufacture into which such imported article enters or is intended to enter.  Every person  who is or  shall hereafter be engaged in  the  importation of goods  or any commodity from any foreign country in violation of this section of this Act, or who shall combine or conspire with another to violate the same, shall be  punished by  fine not  exceeding five thousand pesos, or by  imprisonment not exceeding one year, or by  both such fine and imprisonment, in the discretion of the court.

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

SEC.  5. Any property owned under  any contract or by any combination, or pursuant to any conspiracy, and being the subject thereof, mentioned  in sections one  and three of this Act,  shall be  forfeited to the  Government of the Philippine Islands.

SEC.  6. Any person who shall be  injured in his business or  property by any other, person by  reason of anything forbidden or declared to be  unlawful by  this Act, shall recover threefold the damages by  him sustained, 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  corporations and associations.

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

Approved, December  1, 1925.

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