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PRESIDENTIAL DECREE NO. 355
PRESIDENTIAL DECREE NO. 355 -
FURTHER AMENDING Section 12 OF ACT NO. 2613, AS AMENDED, ENTITLED "AN
ACT TO IMPROVE THE METHODS OF PRODUCTION AND THE QUALITY OF TOBACCO IN
THE PHILIPPINES AND TO DEVELOP THE EXPORT TRADE THEREIN"
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WHEREAS,
all the vital segments of the tobacco industry should be represented in
the Philippines Tobacco Board;chanroblesvirtualawlibrary
WHEREAS, there is a pressing need to promote and serve the interests of
tobacco planters, tobacco exporters and importers, cigar and cigarette
manufacturers and others concerned; and
WHEREAS, it is necessary that the Philippine Tobacco Board as presently
constituted under Act No. 2613, as amended, be reorganized as the sole
policy-making body of the tobacco industry;chanroblesvirtualawlibrary
NOW, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of
the powers vested in me 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 that Section 12 of Act
No. 2613, as amended, be further amended to read as follows:cralaw:red
"Sec. 12. Fifty per centum of the inspection fees
collected from leaf tobacco and partially manufactured tobacco; tobacco
products for domestic sale or for export; and imported leaf tobacco and
other imported tobacco products, at the rates provided for under
Section 302 of the National Internal Revenue Code, as amended by
Presidential Decree No. 69 dated November 24, 1972, shall accrue to the
Cultural Center of the Philippines and the remaining fifty per centum
shall accrue to a special fund to be known as 'Tobacco Inspection
Fund,' which shall be expended by the Commissioner of Internal Revenue,
with the approval of the Secretary of Finance, upon allotment by a
Board consisting of the Commissioner of Internal Revenue as ex officio
Chairman; the Director of Plant Industry, the Director of Foreign
Trade, the General manager of the Philippine Virginia Tobacco
Administration as ex parte members; one member representing the
Philippine tobacco exporters, one member representing the Philippine
cigar and cigarette manufacturers, one member representing the Virginia
and other aromatic tobacco planters, and one member representing the
native type tobacco planters, to be appointed by the President of the
Philippines to serve for a term of four (4) years each and who must be
resident citizens of the Philippines. The Board shall have a Secretary
to be elected by the members thereof and to be compensated at the rate
to be determined by the Board with the approval of the Secretary of
Finance.
"The Tobacco Inspection Fund may be spent for any of the following
purposes:cralaw:red
"(a) The payment of the salaries of the personnel of
the Tobacco Inspection Service Division which shall be directly under
the Office of the Commissioner of Internal Revenue and other necessary
expenses for the enforcement of Act No. 2613, as amended, together with
its implementing rules and regulations;chanroblesvirtualawlibrary
"(b) The payment of the salaries of the staff of the
Philippine Tobacco Board, the composition of which shall be determined
and passed upon by the Board;chanroblesvirtualawlibrary
"(c) The advertising and promotion of Philippine
tobacco and tobacco products in the domestic and foreign markets;chanroblesvirtualawlibrary
"(d) The improvement of the culture and production of
tobacco; Provided, That thirty per centum of the amount accruing to the
Tobacco Inspection Fund shall be expended for such purposes; and
"(e) The payment of such other necessary expenses as
may be determined by the Philippine Tobacco Board."
This Decree shall take effect immediately.
Done in the City of Manila this
26th day of December, in the year of Our Lord, nineteen hundred and
seventy-three.
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