WHEREAS,
there is a need for more accurate compilation of statistical data for
the establishment of the data bank envisioned in Presidential Decree
No. 379;chanroblesvirtualawlibrary
WHEREAS, while the government stands firm and resolute on the
immunities guaranteed under Presidential Decrees Nos. 23, 157, 213 and
370, it, nevertheless, requires a truthful declaration of assets,
liabilities and net worth under Presidential Decree No. 379.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
decree and order: chanroblesvirtualawlibrary
Section 1. That section 1 of Presidential Decree No.
379 is hereby amended to read as follows:cralaw:red
"Sec. 1. Who must file. — Any provision of existing
laws to the contrary notwithstanding, all persons, whether natural or
juridical, having gross assets of P50,000 or more, as of December 31,
1973, regardless of the net worth, shall file a statement of assets,
liabilities and net worth as of said date.
The statement of assets and liabilities to be filed by public officers
under this Decree shall be considered sufficient compliance with the
requirements of Republic Act 3019 insofar as the statement of assets,
liabilities and net worth as of December 31, 1973 required to be filed
on or before January 31, 1974 is concerned, Provided, that the public
officer shall furnish the head of his office two signed carbon copies
of such statement in the same manner as required by Republic Act 3019;
Provided, further, that the subsequent statements required to be filed
by public officers under Section 7 of Republic Act 3019 shall be
governed by the provisions of said law; Provided, still further, that a
new appointee to a public office or an employee retiring, resigning, or
separated from the service on or before September 30, 1974 shall file
the statement required by Section 7 of Republic Act 3019; and Provided,
finally that public officers shall the statement required by this
Decree regardless of the amount of their gross assets."
Section 2. That Section 2 of Presidential Decree No.
379 is hereby amended to read as follows:cralaw:red
"Sec. 2. When and where to file. — The statement of
assets, liabilities and net worth in the form prescribed shall be filed
on or before September 30, 1974 with the Commissioner of Internal
Revenue, Regional Director, Revenue District Officer, Collection Agent
or the Municipal Treasurer who has been designated as collection
officer of the Bureau of Internal Revenue, where the taxpayer has
his/its place of business or his/its legal residence. If there is no
office or place of business in the Philippines or if there be no legal
residence, the statement must be filed with the Commissioner of
Internal Revenue in Manila."
Section 3. That Section 3 of Presidential Decree No.
379 is hereby amended to read as follows:cralaw:red
"Sec. 3. Exemption from filing. — The following are
not required to file:cralaw:red
a. An individual whose total gross assets is less
than fifty thousand pesos (P50,000.00), except public officers who are
required to file the statement irrespective of the total value of gross
assets;chanroblesvirtualawlibrary
b. Diplomatic or consular representatives and
officers of foreign governments;chanroblesvirtualawlibrary
c. Members of the Armed Forces of the United States
government in the active service who are stationed in the Philippines;
and
d. Officials and officers, who are not citizens of
the Philippines, of multi-national corporations or of agencies of the
United Nations or foreign or international regional organizations
established in the Philippines."
Section 4. That Section 5 of Presidential Decree No.
379 is hereby amended to read as follows:cralaw:red
"Sec. 5. Contents of Statements. — The statement
shall contain all the assets of the person, whether real or personal,
and whether used in business or not. It shall also include those assets
declared and included under Presidential Decree Nos. 23, 52, 53, 157,
213, and 370. chanroblesvirtualawlibrary
The liabilities shall include all known debts, which are legitimate and
enforceable obligations, whether secured or unsecured, and whether
incurred or not in trade or business."
Section 5. That Section 6 of Presidential Decree No.
379 is hereby amended to read as follows:cralaw:red
"Sec. 6. Valuation. — (a) Assets. — (a) Real
Properties. — In the case of real properties, the cost of acquisition
shall be considered for the purpose of computing the gross assets and
net worth. However, the statement shall also include the value of such
assets contained in the statement filed under Presidential Decree No.
76.
(2) Personal Properties. — In the case of personal
properties, the cost of acquisition must be the amount reported in the
statement; if used in trade or business, the depreciated value as of
December 31, 1973 shall be included in the statement.
(3) Properties acquired by Gratuitous Title. — In the
case of property, whether real or personal, acquired by gratuitous
title, the cost thereof shall be deemed to be the fair market value at
the time of such acquisition or the value on which the transfer taxes
due on the transmission of the property were computed and paid;chanroblesvirtualawlibrary
(b) Liabilities. — Only legitimate and enforceable
obligations reducible in sums of money and existing as of December 31,
1973 shall be included in the statement."
Section 6. That Section 7 of the Presidential Decree
No. 379 is hereby revoked.
Section 7. That Section 8 of Presidential Decree No.
379 is hereby amended to read as follows:cralaw:red
"Sec. 8. Unlawful divulgence of information. — (a) No
information in the statement herein required shall be published except
in the form of tabulations and summaries having no reference to the
person.
(b) It shall be unlawful for any officer or employee
of the Bureau of Internal Revenue or any government entity having
knowledge of such declaration of assets, liabilities and networth to
disclose to any person any information relative to such declaration and
any violation hereof shall subject such offender to a fine in the
amount of not less than five thousand pesos or imprisonment for not
less than two years, or both, and shall be summarily dismissed from the
service for cause."
Section 8. All laws, rules and regulations which are
inconsistent herewith are hereby repealed, modified and/or amended
accordingly.
Section 9. This Decree shall take effect immediately.
DONE in the City of Manila,
this 19th day of March, in the year of Our Lord, nineteen hundred and
seventy-four.
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