A
collection of Philippine laws, statutes and codes
not
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of
theChan Robles Virtual Law Library
This page features the full text of
Republic
Act No. 6768
AN
ACT INSTITUTING A BALIKBAYAN PROGRAM
REPUBLIC
ACT NO. 6768
AN
ACT INSTITUTING A BALIKBAYAN PROGRAM
Section
1. Balikbayan Program. — A Balikbayan
Program is hereby instituted under the administration of the Department
of Tourism to attract and encourage overseas Filipinos to come and
visit
their motherland. This is in recognition of their contribution to the
economy
of the country through the foreign exchange inflow that they generate.chanrobles virtuallaw libraryred
Sec.
2. Definition of Terms. — For
purposes of this Act:
(a) The
term "balikbayan" shall mean a Filipino citizen who has been
continuously
out of the Philippines for a period of at least one (1) year, a
Filipino
overseas worker, or a former Filipino citizen and his family, as this
term
is defined hereunder, who had been naturalized in a foreign country and
comes or returns to the Philippines; and chanrobles virtuallaw libraryred(b) The
term "family" shall mean the spouse and the children of the balikbayan
who are not balikbayan in their own right traveling with the latter to
the Philippines.chanrobles virtual law library
Sec.
3. Benefits and Privileges of
the Balikbayan. — The balikbayan and his family shall be entitled to
the
following:
(a) Tax-free
maximum purchase in the amount of One thousand United States dollars
(US$1,000.00)
or its equivalent in other acceptable foreign currencies at Philippine
duty-free shops subject to the limitations contained in Section 4
hereof; (b) The
national flag air carrier shall establish a special
promotional/incentive
program for the balikbayan;(c) For
foreign passport holders with the exception of restricted nationals,
visa-free
entry to the Philippines for a period of one (1) year; chanrobles virtuallaw libraryred
(d) Travel
tax exemption as provided under Presidential Decree No. 1183, Executive
Order No. 283, and other allied laws; and
(e) Especially
designated reception areas at the authorized ports of entry for the
expeditious
processing of documents.
The
privileges granted under this Act shall be in addition to the benefits
enjoyed by the balikbayan under existing laws, rules and regulations.
Sec.
4. Limitations on Tax-Free Purchases.
— The tax-free purchases privilege shall be subject to the following
limitations:
(a) Purchases
shall only be made in United States dollars or other acceptable foreign
currencies; (b) Purchases
shall be made within forty-eight (48) hours from date of arrival; (c) The
privilege is nontransferable; purchases shall be made personally by the
balikbayan for himself;
(d) The
privilege can be availed of by a balikbayan only once a year; chanrobles virtuallaw libraryred
(e) Only
a balikbayan of majority age under Philippine laws can enjoy the
privilege:
Provided, however, That minors shall continue to be entitled to
purchase
privileges not exceeding Two hundred fifty United States dollars
(US$250.00);
and
(f) In
addition to existing limitations on the number of consumables
purchased,
a balikbayan shall be entitled to buy only one (1) item of every
product
category of non-consumables whose selling price exceeds Two hundred
United
States dollars (US$200.00).
Sec.
5. Implementing Rules and Regulations.
— The Department of Tourism, in coordination with other government
agencies
concerned, shall promulgate such rules and regulations as may be
necessary
for the effective implementation of this Act. chanrobles virtuallaw libraryred
Sec.
6. Semiannual Reports. — The
Department of Tourism shall submit semiannual reports to the President
through the Secretary of Finance and to both Houses of Congress which
reports
shall contain a statement of the quantities and the value of the goods,
as classified in accordance with the classification categories in the
Tariff
and Customs Code, sold by the Philippine duty-free shops.chanrobles virtual law library
Sec.
7. Penalty Clause. — Any person
who shall willfully derive, obtain, receive or enjoy or cause another
to
derive, obtain, receive or enjoy the benefits and privileges under this
Act without being entitled thereto shall be punished by a fine of not
less
than Twenty thousand pesos (P20,000.00) but not more than Forty
thousand
pesos (P40,000.00) or imprisonment of not less than two (2) years or
more
than four (4) years, or both at the discretion of the court. Any alien
found guilty under this section shall be summarily deported upon
completion
of service of sentence and be permanently barred from reentering the
country
without the special permission of the President.chanrobles virtual law library
Sec.
8. Repealing Clause. — All laws,
decrees, orders, rules and regulations, or parts thereof which are
inconsistent
with any provision of this Act are hereby repealed or modified
accordingly.
Sec.
9. Biennial Review. — The Balikbayan
Program, as instituted in this Act, shall be subject to review by
Congress
two (2) years after the approval of this Act and every two (2) years
thereafter. chanrobles virtuallaw libraryred
Sec.
10. Separability Clause. — If,
for any reason, any part or provision of this Act is held invalid or
unconstitutional,
the same shall not affect the rest of its provisions.cralaw:red
Sec.
11. Effectivity Clause. — This
Act shall take effect fifteen (15) days after its publication in the
Official
Gazette or in at least two (2) national newspapers of general
circulation,
whichever comes earlier.chanrobles virtuallaw libraryred
Approved:
November 3, 1989
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