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PRESIDENTIAL DECREE NO. 1362
PRESIDENTIAL DECREE NO. 1362
- ALLOWING RADIO BROADCASTING AND TELEVISION STATIONS TO IMPORT RADIO
OR TELEVISION EQUIPMENT, SPARE PARTS AND ALLIED TECHNICAL AND PROGRAM
MATERIALS TO BE USED EXCLUSIVELY IN THEIR BROADCAST OPERATIONS SUBJECT
TO CERTAIN CONDITIONS
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WHEREAS,
broadcasting is one of the most effective means of dissemination of
information;chanroblesvirtualawlibrary
WHEREAS, the implementation of many government projects is facilitated
through the use of broadcast media;chanroblesvirtualawlibrary
WHEREAS, the contribution of the broadcast media to national
development effort could be greatly enhanced by developing the
capability of the broadcast industry as a whole;chanroblesvirtualawlibrary
WHEREAS, there is a need to upgrade the facilities of the broadcast
media.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of powers vested in me by the Constitution,
do hereby decree:cralaw:red
Section 1. Any provision of law to the contrary
notwithstanding, the Department of Public Information may enter into a
contract or contracts with any radio broadcasting or television station
authorized to operate in the Philippines for the use by the Government
of the radio or television time and/or other facilities of the latter
upon such terms and conditions as may be just and equitable under the
circumstances.
Section 2. On the basis of the approved contract or
contracts, the radio broadcasting or television station concerned may,
upon compliance with the requirements provided for herein, be allowed
to import and remove from Customs custody radio or television
equipment, spare parts and allied technical and program materials which
are directly and actually needed and will be used exclusively by the
said importer in their broadcast operation without prepayment of
customs duty and compensating tax: Provided, However, That this
privilege shall not be granted if the imported articles are locally
produced and are available in sufficient quantity and comparable
quality and price as certified by the National Economic and Development
Authority. chanroblesvirtualawlibrary
Section 3. The value of the radio or television time
or other facilities used by the Government pursuant to the contract
herein authorized shall be credited in favor of the private radio or
television station concerned and set-off against whatever customs duty
and compensating tax said station should have paid but did not, on
account of the privileges herein granted conditionally exempting it
from the prepayment of customs duties and taxes.
Section 4. A radio broadcasting or television station
desiring to avail of the privilege provided for in this decree shall,
before importing the articles, file an application with the Secretary
of Finance for authority to avail of such privilege, which shall be
accompanied by a certification of the manager or officer-in-charge of
the station concerned that the equipment, spare parts and/or allied
technical and program materials to be imported by the station are
necessary in its broadcast operations and will be used exclusively by
the said station, and by such other relevant documents as may be
prescribed by regulations.
Section 5. Upon being satisfied that the importer of
the articles is entitled to the privilege provided for in this decree,
the Secretary of Finance shall authorize the Commissioner of Customs to
release the imported articles without the prepayment of customs duty
and compensating tax due thereon. However, before releasing the
articles from Customs custody, the Commissioner of Customs shall
determine the customs duty and compensating tax due on the imported
articles and issue an assessment-letter to the station concerned,
informing it of the amount due from it as customs duty and compensating
tax, which shall be paid in the manner provided for in this decree.
Section 6. The customs duty and compensating tax due
on the imported articles released from Customs custody without
prepayment thereof shall constitute a lien on the imported articles so
released, and said articles shall not be disposed of unless the customs
duty and compensating tax due thereon have been paid in full in
accordance with the provision of this decree and such disposition has
been approved by the Secretary of Finance. chanroblesvirtualawlibrary
Section 7. The Secretary of Finance shall prescribe
such rules and regulations as may be necessary for the proper
implementation of this decree.
Section 8. This decree shall take effect upon its
approval.
Done in the City of Manila,
this 27th day of March, in the year of Our Lord, Nineteen Hundred and
Seventy-eight.
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