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PRESIDENTIAL DECREE NO. 314



PRESIDENTIAL DECREE NO. 314  - INCREASING THE SPECIFIC TAX ON GASOLINE, LUBRICATING OIL AND AUTOMOTIVE DIESEL OIL BY AMENDING Sections 142 AND 145 OF THE NATIONAL INTERNAL REVENUE CODE, AS AMENDED

 chanroblesvirtualawlibrary

WHEREAS, it is in line with the declared policy of the Government to accelerate the economic and social development of the country to provide for the construction and improvement of highways, roads, bridges and other infrastructures;chanroblesvirtualawlibrary

WHEREAS, the estimated amounts that are expected to accrue to the Highways Special Fund in the next fiscal years are grossly inadequate to pursue the current program of highway improvement and development;chanroblesvirtualawlibrary

WHEREAS, the tax on gasoline in the Philippines is one of the lowest in the world, as revealed in a comparative study of the gasoline tax in 15 countries/cities, as revealed by the following statistics (based on April, 1972 estimates):cralaw:red

The Cost of Gasoline in Several Countries/Cities
Showing the Tax Component and Product
Cost in Equivalent Centavos
Per Liter
Among Non-Asian
    Countries/Cities    Tax Element    Product Cost

Adelaide, Australia    24.5    43.4
Dallas, U.S.A.    15.5    42.7
Naples, Italy    123.6    34.3
New York, U.S.A.    18.9    51.3
New Zealand    34.0    38.1
Oslo, Norway    95.1    39.0
Rotterdam, Netherlands    82.1    36.0
United Kingdom    77.3    37.8
Vienna, Austria    54.9    33.5
Washington, D.C., U.S.A.    18.9    44.5
Among Asian Cities    Tax Element    Product Cost
Bangkok    27.8    31.8
Hong Kong    42.4    37.8
Kuala Lumpur    60.8    36.4
Singapore    60.8    35.0
Tokyo    51.9    43.9
Manila    8.0(14 as    22.0
    proposed)

WHEREAS, the current gasoline price in Manila, as compared with those in progressive Asian cities, is also the lowest, as shown below:cralaw:red

Price, Equivalent Centavos per Liter
(as of October, 1973, except for Jakarta
which is as of March 1973)

Cities    Premium    Regular
Calcutta, India    133.5    128.9
Hong Kong    117.8    107.5
Jakarta, Indonesia    64.8    57.3
Sabah, Malaysia    144.5    130.2
Saigon, Vietnam    142.8    115.6
Sarawak    122.0    107.7
Singapore    145.2    135.6
Tokyo, Japan    166.6    143.5
Manila    39.0     33.0

WHEREAS, the tax on automotive diesel is very low compared to the tax on gasoline and should be increased to make its tax nearer that on gasoline since automotive diesel is also used for motor purposes;chanroblesvirtualawlibrary

WHEREAS, the increase in tax on gasoline, lubricating oil and automotive diesel oil is consistent with present policy to conserve fuel;chanroblesvirtualawlibrary

NOW, THEREFORE, in order to effect the desired changes and reforms in the economic, social and political structure of our society, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution as Commander-in-Chief of the Armed Forces of the Philippines, and pursuant to the Proclamation 1081 dated September 21, 1972, and General Order No. 1 dated September 22, 1972, do hereby order and decree the following:  chanroblesvirtualawlibrary

Section 1.    Section 142 sub-paragraphs (b) and (c) and Section 145 of the National Internal Revenue Code, as amended, are hereby further amended to read as follows:cralaw:red

"Sec. 142.    Specific tax on manufactured oils and fuels. — On refined and manufactured mineral oil and motor fuels, there shall be collected the following taxes:cralaw:red

xxx          xxx          xxx

(b)    Lubricating oils, per liter of volume capacity, TEN [seven] centavos;chanroblesvirtualawlibrary

(c)    Naptha, gasoline and all other similar products of distillation, per liter of volume capacity, FOURTEEN [eight] centavos; and

xxx          xxx          xxx

"Sec. 145.    Specific tax on diesel fuel oil. — On fuel oil, commercially known as diesel fuel oil, and on similar fuel oils, having more or less the same generating power, WITH SPECIFIC GRAVITY OF .820 to .920 AT 60 DEGREES FAHRENHEIT, there shall be collected, [per metric ton, one peso], PER LITER, TWO CENTAVOS; PROVIDED THAT, ON DIESEL OIL USED FOR AUTOMOTIVE PURPOSES THE TAX SHALL BE SIX CENTAVOS PER LITER."

Section 2.    This shall take effect immediately.  chanroblesvirtualawlibrary

Done in the City of Manila, this 20th of October, in the year of Our Lord, nineteen hundred and seventy-three.


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