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PRESIDENTIAL DECREE NO. 791
PRESIDENTIAL DECREE NO. 791
- PROVIDING EXEMPTION FOR THE PAYMENT OF CUSTOMS AND TARIFF DUTIES,
SPECIAL IMPORT TAX AND COMPENSATING TAX COVERING IMPORTATION OF SUGAR
MILLS, MACHINERY, SPARE PARTS AND EQUIPMENT FOR A LIMITED PERIOD
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WHEREAS,
the sugar industry contributes a very sizeable amount in the foreign
exchange earnings of the country during the past years prompting the
government to encourage more production of sugarcane and the
establishment of new sugar mills to further increase the production of
sugar to supply the traditional as well as the new foreign markets;chanroblesvirtualawlibrary
WHEREAS, the current cost of sugar mills, machinery and equipment has
multiplied to about two and a half times of the cost of sugar mills in
the late 1960's and early 1970's due to worldwide inflation which
correspondingly increased the financial requirements of the sugar
industry;chanroblesvirtualawlibrary
WHEREAS, all the new sugar mills are being financed by government
financial institutions and, therefore, in the event of collapse of its
operations by reason of official problems resulting from high cost of
acquisition of the mill, the said government financial institutions
will ultimately suffer the loss;chanroblesvirtualawlibrary
WHEREAS, there is a need to provide government assistance and incentive
in the production and processing of sugar in view of the present
uncertain and fluid economic conditions confronting sugar industry
which undoubtedly will affect adversely the future foreign exchange
earning of the country to the prejudice of the national economy;chanroblesvirtualawlibrary
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:cralaw:red
Section 1. Any person, partnership, company or
corporation who or which now engaged or shall engage in the business of
manufacturing, milling, processing or refining of sugar shall be
exempted from the payment of special import tax, compensating tax and
customs and tariff duties in respect to the importation of plant
machinery, spare parts and other equipment effective upon approval of
this Decree until June 30, 1980. chanroblesvirtualawlibrary
Section 2. The exemption granted under this Decree
shall only cover the importation of plant machinery, spare parts and
other equipment directly and actually needed and will be used
exclusively in the manufacture, milling, processing or refining of
sugar by the grantee of the exemption under this Decree and the
shipping documents covering the importation are in the name of the
tax-exempt firms to whom the goods shall be delivered directly by the
customs authorities.
Section 3. Any grantee under this Decree who shall
make use of the privilege hereunder for purposes other than those for
which such privilege were granted or who shall in any manner violate
the provision of this Decree shall be penalized with imprisonment of
not less than five (5) years but not exceeding ten (10) years and a
fine of not less than P10,000.00 but not P200,000.00 and in addition,
such violation shall ipso facto cause forfeiture of exemption aside
from the payment of all taxes and duties due in accordance with the
existing laws.
Any person or any officer or employee of the Government who shall
connive with the grantee of tax exemption in the violation of the
provisions of this Decree shall suffer the same penalties prescribed in
the first paragraph of this section. In case the grantee is a juridical
person, the official or officials who consent to the commission of the
offense or tolerated the violation of the provisions of this Decree
shall be the person or persons liable.
Section 4. Any person, partnership, company or
corporation who or which may qualify for similar exemption privilege
under existing law or other laws hereinafter decreed or enacted and is
qualified under this Decree, may choose which privilege the grantee
desires to avail of, but in no case shall such grantee be entitled to
both privileges simultaneously. chanroblesvirtualawlibrary
Section 5. All acts, executive orders, administrative
orders or commissions, rules and regulations or part thereof
inconsistent with any of the provisions of this Decree are hereby
repealed or modified accordingly.
Section 6. This Decree shall take effect upon
approval and shall continue to be effective until June 30, 1980.
Done in the City of Manila,
this 3rd day of September, in the year of Our Lord, nineteen hundred
and seventy-five.
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