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This web
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contains the full text ofRepublic
Act No. 7161
AN ACT INCORPORATING
CERTAIN SECTIONS OF THE NATIONAL INTERNAL REVENUE CODE OF 1977,AS
AMENDED, TO PRESIDENTIAL
DECREE NO. 705, AS AMENDED, OTHERWISE KNOWN AS THE"REVISED
FORESTRY CODE
OF THE PHILIPPINES", AND PROVIDING AMENDMENTS THERETO BYINCREASING
THE FOREST
CHARGES ON TIMBER AND OTHER FOREST PRODUCTS.
REPUBLIC
ACT NO.
7161
AN ACT
INCORPORATING
CERTAIN SECTIONS OF THE NATIONAL INTERNAL REVENUE CODE OF 1977, AS
AMENDED,
TO PRESIDENTIAL DECREE NO. 705, AS AMENDED, OTHERWISE KNOWN AS THE
"REVISED
FORESTRY CODE OF THE PHILIPPINES", AND PROVIDING AMENDMENTS THERETO BY
INCREASING THE FOREST CHARGES ON TIMBER AND OTHER FOREST PRODUCTS.
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress assembled:
SECTION 1. Pursuant to Executive
Order No. 273, Sections 230 to 297 of the National Internal Revenue
Code
of 1977, as amended, are hereby incorporated into Presidential Decree
No.
705, as amended, otherwise known as the "Revised Forestry Code of the
Philippines"
and numbered as follows:
National
Internal Revenue
Code of 1977 Section
230Section
231Section
232Section
233Section
234Section
235Section
236Section
237 Section
238Section
297
|
Revised
Forestry CodeSection
68Section
69Section
70Section
71Section
72Section
73Section
74Section
75 Section
76Section
77
|
All references to the Bureau
of Internal Revenue, Commissioner of Internal Revenue, and Ministry of
Finance in Section 230 to 238 of the National Internal Revenue Code of
1977 shall hereafter refer to the Forest Management Bureau, and
Secretary
of Environment and Natural Resources, respectively.
SECTION 2. The incorporated
and numbered Sections 68 to 76 of Presidential Decree No. 705, as
amended,
are hereby placed under a new subtitle of Chapter III (Utilization and
Management) which shall be Subtitle II.
SECTION 3. Section 70 of
Presidential Decree No. 705, as amended, (formerly Section 232 of the
National
Revenue Code) is hereby amended to read as follows:
"Section
70.
Charges
on Timber Cut in Forestland- There shall be collected charges on each
cubic
cubic meter of timber cut in forestland, whether belonging to the
first,
second, third or fourth group, twenty-five percent (25%) of the actual
FOB market price based on species and grading: Provided, however, That,
in the case of pulpwood and matchwood cut in forestland, forest charges
on each cubic meter shall be ten percent (10%) of the actual FOB market
price." SECTION 4.
Section 71 of
Presidential
Decree No. 705, as amended, (formerly Section 233 of the National
Internal
Revenue Code) is hereby amended to read as follows:
"Sec.
71.
Charges
on Firewood, Branches and Other Recoverable Wood Wastes of Timber. -
Except
for all mangrove species whose cutting shall be banned, there shall be
collected forest charges on each cubic meter of firewood cut in
forestland,
branches and other recoverable wood wastes of timber, such as timber
ends,
tops and stumps, when used as raw materials for the manufacture of
finished
products, Ten pesos (P10.00).
"Only
third
or fourth
group wood can be taken for firewood. However, if jointly authorized by
the Secretary of both the Departments of Environment and Natural
Resources,
and Agriculture, first and second group woods may be removed for
firewood
purposes from land which is more valuable for agricultural than for
forest
purposes." SECTION 5.
Section 73 of
Presidential
Decree No. 705, as amended, (formerly Section 235 of the National
Internal
Revenue Code) is hereby repealed.
Section 72 of Presidential
Decree No. 705, as amended, (formerly Section 234 of the National
Revenue
Code) is hereby amended to read as follows:
"Section
72.
Charges
on Minor Forest Products- All other forest products of forestland which
are not covered by the preceding sections shall be exempt rattan, gums
and resins, beeswax, guta-percha, almaciga resin and bamboo which shall
be charged at ten percent (10%) of the actual FOB market price." SECTION 6.
There shall
be added
a new section after Section 72 of Presidential Decree No. 705, to be
known
as Section 73, as to read as follows:
"Sec.
73.
Effectivity
and Application of Forest Charges and Determination of Market Price of
Forest Products.-The rates of forest charges provided for in Sections
70,71
and 72 hereof shall be effective upon approval of this Act. The new
rates
shall be published in the Official Gazette or in two (2) newspapers of
national circulation and shall also be posted in conspicuous places in
the different Department of Environment and Natural Resources field
offices.
"The
actual
FOB
market price of forest products shall be justly determined once a year
by the Secretary of Environment and Natural Resources: Provided, That
he
shall cause the creation of a committee to be composed of
representatives
of the Department of Environment and Natural Resources, the National
Economic
and Development Authority, the Department of Trade and Industry, the
Bureau
of Internal Revenue and the wood and furniture industry and consumers
sectors
which shall formulate the criteria and/or guidelines in the
determination
of the actual FOB market price to be used as the basis for the
assessment
of the ad valorem tax. taking into consideration production cost
(developing
cost, contingencies and miscellaneous cost), species and grade of
timber
and forest products gathered within public forestlands, alienable and
disposable
lands and private lands. Forest charges collected shall be in lieu of
the
administrative charge on environment and other fees and charges imposed
thereon: Provided, That planted trees and other forest products
harvested
from industrial tree plantations and private lands covered by existing
tiller or by approved land application are exempted from payment of
forest
charges." SECTION 7.
Section 77 of
Presidential
Decree No. 705, as amended, as numbered herein, is hereby repealed.
Section 68 of Presidential
Decree No. 705, as amended by Executive Order No. 277 dated July 25,
1987
and Section 68-A and 68-B of Presidential Decree No. 705, as added by
Executive
Order No. 277, are hereby renumbered as Sections 89-A, 89-B to 92,
respectively.
SECTION 8. This Act shall
take effect fifteen (15) days after its publication in a newspaper of
general
circulation.
Approved: 10 October 1991.
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