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PRESIDENTIAL DECREE NO. 288
PRESIDENTIAL DECREE NO. 288
- AMENDING FURTHER REPUBLIC ACT NUMBERED ELEVEN HUNDRED THIRTY-FIVE
ENTITLED "AN ACT ESTABLISHING THE PHILIPPINE TOBACCO ADMINISTRATION
DEFINING ITS OBJECTIVES, POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES,"
AS AMENDED
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WHEREAS,
the tobacco industry is one of the major dollar — earning
industries of the Philippines;chanroblesvirtualawlibrary
WHEREAS, in order to revitalize the tobacco industry its financing
program must be improved through the Philippine Tobacco Administration;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081, dated September 21, 1972, and
General Order No. 1, dated September 22, 1972, do hereby order and
decree to be part of the laws of the land the following:cralaw:red
Section 1. Section fifteen of Republic Act Numbered
Eleven Hundred Thirty Five, as amended, is hereby further amended to
read as follows: chanroblesvirtualawlibrary
"Sec. 15. Funding. — To carry out the purposes of
this Act, there is created a special fund to be known as the `Tobacco
Industry Promotion and Market Stabilization Fund' which shall be taken
form the proceeds of the specific taxes collected oil tobacco products
manufactured out of the cigar filler and wrapper leaf tobacco to be
made available as follows: Fifteen million pesos, which is hereby
appropriated for the Fiscal Year nineteen hundred seventy-three and
nineteen hundred seventy- four and thereafter, an annual appropriation
of fifteen million pesos for a period of five years up to June thirty
nineteen hundred seventy eight. Thereafter the amount of six million
pesos is appropriated annually to carry out the purposes hereinafter
indicated until otherwise provided by law. chanroblesvirtualawlibrary
"The annual appropriation herein provided shall be utilized as follows:
(a) Nine million pesos for price stabilization in tobacco trading, not
for subsidy, distributed thus: Four million six hundred thousand
(P4,600,000) pesos for Cagayan Valley; One million five hundred
thousand (P1,500,000) pesos for Ilocos Region: Six hundred thousand
(P600,000.00) pesos for Central Luzon; One hundred thousand
(P100,000.00) pesos for Southern Luzon; Five hundred thousand
(P500,000.00) pesos for Western Visayas, Five hundred thousand
(P500,00.00) pesos for Northern Mindanao; and Seven hundred thousand
(700,00.00) pesos for Southern Mindanao; Provided, however, That any
balance in the foregoing allocation remaining unused in any region at
the end of every Fiscal Year shall, together with the proceeds from the
sale of stabilization purchases accrue to a single fund to be
administered by the PTA and to be used by it, in proper cases, for the
settlement of its obligations for supervised credit or self-liquidating
assistance to tobacco farmer's cooperatives through the Central Bank,
rural banks or other Government lending institutions, and for other
purposes authorized in the Charter of the Philippine Tobacco
Administration; and (b) Six million pesos for development expenses
itemized thus: Two million pesos for research; One million pesos for
extension services; One million pesos for trade development, and, Two
million pesos for operations: Provided, That gratuities and terminal
leaves may be charged to operations: And provided further that all
interest on obligations of the Philippine Tobacco Administration to any
Government lending institutions are hereby condoned."
The annual appropriation of six million pesos herein provided to start
fiscal year nineteen hundred seventy-eight and nineteen hundred
seventy-nine shall be used for the trading operations of the regions
mentioned in the preceding paragraph; Provided, however, That the
amount to be allotted for each region shall be based on the ratio of
its production in relation to its original allocation.
The Commissioner of Internal Revenue shall segregate and credit to the
Philippine Tobacco Administration fifteen million pesos every year and
shall be released and turned over by the Commissioner of Internal
Revenue to the Philippine Tobacco Administration in four equal
installments within twenty days after the end of every quarter of each
fiscal year. chanroblesvirtualawlibrary
Section 2. The following new sections shall be
inserted between Sections fifteen and sixteen to be known as Sections
15-A, 15-B and 15-C, to read as follows:cralaw:red
"Sec. 15-A. Accounting System. — The Philippine
Tobacco Administration is hereby authorized to adopt such accounting
system and budgetary procedure consistent with its operations as would
segregate the accounts for trading operations from its development
activities." chanroblesvirtualawlibrary
"Sec. 15-B. Rules and Regulations. — The Board of
Directors of the Philippine Tobacco Administration shall, subject to
the approval by the Secretary of the Department of Agricultural and
Natural Resources, promulgate such rules and regulations for the
effective implementation of this Act as well as those which would
preserve the purity and integrity of the cigar filler and wrapper types
of tobacco which may include zonification, standardization of leaf
grades by locality, maintenance and updating of tobacco growers'
registry and their acreage, and such other matters as it may deem
proper to insure the maintenance and/or improvement of product
quality."
"Sec. 15-C. Guidelines. — (a) Trading operations
shall be conducted on the basis of fair market value without subsidy;chanroblesvirtualawlibrary
"(b) The trading operations should supplement rather
than complete with private enterprises; and
"(c) That research and extensions work should center
on optimizing farm income and land productivity through crop
diversification as well as other improved cultural
practices." chanroblesvirtualawlibrary
Section 3. All provisions of existing laws, rules and
regulations inconsistent and incompatible with this decree are hereby
repealed or modified accordingly.
Section 4. This decree shall take effect immediately.
Done in the City of Manila,
this 7th day of September in the year of Our Lord, nineteen hundred and
seventy-three.
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