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PRESIDENTIAL DECREE NO. 1466
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PRESIDENTIAL DECREE NO. 1466
- A DECREE AMENDING PRESIDENTIAL DECREE NO. 894, AS AMENDED
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WHEREAS, it
has been declared a national policy to accord high priority to the
development of the country's maritime andr transport
industries; chanroblesvirtualawlibrary
WHEREAS, Presidential Decree No. 806 was promulgated in recognition of
the important role that overseas shipping plays in the economic
development of the country;chanroblesvirtualawlibrary
WHEREAS, Presidential Decree No. 894, as amended by Presidential Decree
Nos. 917 and 962, was promulgated to conserve the country's foreign
exchange, promote the growth and development of the Philippines'
overseasr and water transport industries, and to enhance national
self-reliance in the transport of passengers and cargoes; chanroblesvirtualawlibrary
WHEREAS, it is necessary to align the provisions of Presidential Decree
No. 894, as amended, with the equal cargo-sharing concept contained in
Presidential Decree No. 806; and
WHEREAS, there is need for a more effective mechanism to implement the
provisions of these Decrees.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
decree the following as part of the laws of the land;chanroblesvirtualawlibrary
Section 1. The term "Philippine flagr carriers" as
used herein, shall meanrcrafts which are duly registered in the
Philippines and operated by the Philippine citizens or by a corporation
or other entity owned or controlled by citizens of the Philippines.
The term "Philippine flag vessels" as used in this Decree shall refer
to vessels which are duly registered in the Philippines and are owned
or controlled, or chartered by Philippine citizens or by a corporation
or other entity owned or controlled by citizens of the Philippines.
Section 2. Whenever any office, agency, or
instrumentality of the government, including all government-owned or
controlled corporations, shall procure, contract for, or otherwise
obtain any transportation of persons or export and import cargoes byr
or water between the Philippines and a place outside thereof, the
payment for which is made or will ultimately be made from funds of the
Republic of the Philippines or such instrumentalities or corporations,
the head of the government office, agency, instrumentality, or
government-owned or controlled corporation concerned shall obtain such
transportation services from Philippine flagr carriers and/or vessels.
Section 3. Any persons, partnership, corporation or
entity granted a loan or credit or whose obligation is guaranteed by
the government or any of its financial institutions, shall, upon the
effectivity of this Decree, utilize the services of Philippine flagr
carriers and/or vessels in the transportation of persons and export and
import cargoes between the Philippines and a place outside thereof
whenever such transportation and/or cargo are paid from the proceeds of
such loans, credit, and/or guarantee. chanroblesvirtualawlibrary
Section 4. The Civil Aeronautics Board and the
Freight Booking and Cargo Consolidation Center of the Philippine
Shippers' Council shall serve as the central implementing agencies for
ther and sea-borne transport aspects of this Decree, respectively.
Section 5. The requirements on the use of Philippine
flagr carriers and vessels as prescribed in Section 2 and 3 hereof may
be waived in whole or in part and or for specified period of time not
exceeding one year by the Civil Aeronautics Board or the Freight
Booking and Cargo Consolidation Center, as the case may be, in any of
the following instances: (a) when the services of a suitable Philippine
flagr carriers or vessel are not available AT REASONABLE FREIGHT RATES,
and within a reasonable period of time; (b) when a relevant
international agreement entered into, or an international convention
adhered to by the Philippine government provides otherwise; (c) on the
basis of reciprocity, when the government of a foreign country or any
of its instrumentalities grants similar treatment in the utilization of
Philippine flag carriers or vessels as the flag carriers or vessels of
the said country in the transport of persons and cargoes; and (d) IN
THE CASE OF EXPORT COMMODITY GROUPS, DETERMINED AS EXEMPTED BY THE
GOVERNING COUNCIL OF THE PHILIPPINE EXPORT COUNCIL; and (e) when their
judgment, the national interest so requires; Provided, that the
implementing agencies hereof may delegate the granting of waivers to
the Philippine consular offices abroad through the Department of
Foreign Affairs, or to any authorized organization. chanroblesvirtualawlibrary
Section 6. The Secretary of Trade, in his capacity as
Chairman of the Philippine Shippers' Council, and the Secretary of
Tourism, in his capacity as Chairman of the Civil Aeronautics Board, in
consultation with the Maritime Industry Authority, Department of
Foreign Affairs, the Commission on Audit, the Philippine Export
Council, and other appropriate government agencies, shall within ninety
(90) days from the approval of this Decree, promulgate the necessary
implementing rules and regulations to assure the smooth and efficient
implementation of the provisions of this Decree, as well as to ensure
faithful compliance therewith by all parties concerned.
Section 7. The Chairman of the Commission on Audit
shall disallow the payment of passenger fare or cargo freight on any
foreign flagr carrier or vessel, as the case may be, in the absence of
a waiver procured from the Civil Aeronautics Board or the Freight
Booking and Cargo Consolidation Center, or the duly authorized consular
office, as the case may be. chanroblesvirtualawlibrary
Section 8. Any violation of the provisions contained
in Section 2 and 3 hereof, as well as any provisions of the
implementing rules and regulations to be issued in connection
therewith, shall be punished by a fine not to exceed the cost of the
freight of the shipment, but which shall not be less than five thousand
pesos (P5,000.00) In addition, the government offices and financing
institutions and implementing agencies concerned, shall adopt and
implement such administrative sanctions and measures as may be
necessary to assure faithful compliance with the provisions of this
Decree.
Section 9. There is hereby initially appropriated the
sum of one hundred fifty thousand pesos (P150,000.00) from the funds of
the National Treasury not otherwise appropriated, each to the Civil
Aeronautics Board and the Freight Booking and Cargo Consolidation
Center for their operational expenses in connection with the
implementation of this Decree. Thereafter, adequate funds for this
purpose shall be included in the national budget. chanroblesvirtualawlibrary
Section 10. All laws, decrees, orders, rules and
regulations or parts thereof inconsistent with or contrary to the
provisions of this Decree and hereby repealed or modified accordingly.
Section 11. This Decree shall take effect upon
issuance of the implementing rules and regulations.
DONE in the City of Manila,
this 11th day of June in the year of Our Lord nineteen hundred and
seventy-eight.
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