(REPEALED BY REPUBLIC ACT NO. 2265)
Section 1. Section one of Republic Act Numbered Six
hundred ninety-eight is amended to read as follows:
"Section 1.
The importation of foreign leaf tobacco shall be limited as follows:
"For 1954 — Forty per cent of the total importation in 1950.cralaw
"For 1955 — Twenty per cent of the total importation in 1950.cralaw
"For 1956 and succeeding years, importation shall be subject to the
following provisions:
"After the harvest of tobacco every year, and after the reports of
every town recorded in the Bureau of Plant Industry as growing Virginia
left tobacco, through their respective councils, have been received by
the ACCFA, and after all Virginia leaf tobacco for sale in their
respective areas shall have been bought by the ACCFA or any Government
agency or any buyer not later than August one, the ACCFA shall report
to the President whether or not, the indigenous production of
Virginia-type leaf tobacco in the Philippines is insufficient to
maintain the manufacture in the country of tobacco products in any year
at a level sufficient to produce not less than the quantity of a
tobacco products manufactured in the preceding fiscal year as certified
by the Bureau of Internal Revenue. The President of the Philippine upon
receipt of such report that the local production is insufficient may
authorize the importation of Virgin-type leaf tobacco necessary to
maintain such level of production: Provided, That the foregoing
provision shall be applicable to the fiscal years of nineteen hundred
fifty-four and nineteen hundred fifty- five to meet deficiencies of
supply, if any: Provided, further, That nothing herein shall be
construed to limit the importation of wrapper leaf tobacco for cigars
or chewing tobacco, nor to permit the importation of processed tobacco
as defined in section 1-b hereof except Turkish tobacco."
Sec. 2. There are hereby inserted between
sections one and two of the same Republic Act Numbered Six hundred
ninety-eight the following new sections:
"Section 1-a.
Virginia-type leaf tobacco authorized to be imported under this Act
shall be allocated and distributed by the Monetary Board of the Central
Bank among legitimate manufacturers of Virginia-type cigarettes on the
basis of the production of each factory as reflected in its payment of
specific taxes for Virginia-leaf cigarettes for the twelve-month period
immediately preceding the month for which allocation is to be granted,
taking also into consideration the stock inventory of each factory at
the close of the calendar month preceding the allocation: Provided,
That no manufacturer of Virginia-type cigarettes shall be entitled to
the allocation provided for herein unless he presents a certificate
showing that he has purchased locally produced Virginia-leaf tobacco as
provided in section 1-c hereof.
"Licenses for such importation shall be issued within fifteen days
after the allocation made by the Central Bank as above provided, and
the corresponding foreign exchange authorized by the Monetary Board of
the Central Bank to the extent of the foreign exchange disposable by
the Central Bank.
"The Government entity authorized
to allocate and distribute the import licenses for Virginia leaf
tobacco shall not grant any such licenses to any factory or
manufacturer using imported tobacco that has on the record any
violation of the import Control Laws and Republic Act Numbered Six
hundred ninety-eight limiting the importation of said tobacco, or any
case of tax evasion.cralaw
"Section 1-b. By processed tobacco is meant leaf
tobacco which is either blended, cased, flavored, ready cut, or cut
fillers ready for manufacturing purposes, and shall not include tobacco
leaf only the stem of which is removed, By Virginia-type leaf of
tobacco, as used in section 1-a, is meant and kind of tobacco, leaf or
scrap, for the manufacture of cigarettes.
"Section 1-c.
All locally grown and produced Virginia-type leaf tobacco shall be
purchased by the Government through the ACCFA, any provision of law to
the contrary notwithstanding, for resale to the manufacturers of
Virginia type cigarettes at cost. The Central Bank, through the
Rehabilitation Finance Corporation, shall grant the ACCFA the necessary
loans with which to effect the purchase of said tobacco, and to cover
the expenses in connection with the handling and warehousing thereof.
Nothing in this provision shall be construed to prohibit manufacturers
of Virginia-type cigarettes or other dealers to buy Virginia-type
tobacco from the farmers, cooperatives or any private dealers.
"The prices at which said locally grown and produced Virginia-type leaf
tobacco may be purchased shall not be less than those fixed in the
following schedule:
"For flue-cured Virginia leaf tobacco;
Per Kilo
a. Bright yellow leaf P3.60
b. Dull yellow
leaf 3.00
c. Spotted yellow leaf 2.50
d. Greenish and brownish leaf 2.00
e. Dark or other kinds 1.50
"For sun-dried Virginia leaf tobacco:
a. Light brown leaf tobacco
P1.50
b. Brown leaf tobacco 1.00
c. Dark brown and other kinds .80
"The shares of such manufacturers is such locally grown and produced
tobacco to be resold to them shall be allocated in the same manner as
the tobacco imported under this Act is distributed among them:
Provided, That in computing the allocation of such locally grown
Virginia leaf tobacco to such manufacturers the volume of their direct
purchase from the farmers shall be taken into consideration.cralaw
"Section 1-d. The President of the Philippines may
require the Philippine Tobacco Administration to assist the ACCFA in
making purchase of Virginia-type leaf tobacco locally produced, assign
to said Administration the function of making such purchase for and in
behalf of the ACCFA, and to entrust to said Administration such other
duties as may be necessary to carry out the provisions of the preceding
section.
"Section 1-e. Any person, association or corporation
which shall import Virginia-type leaf tobacco without the necessary
licenses issued under this Act, and any officer or employee of the
Central Bank who shall issue such license without the authorization of
the President of the Philippines as provided in this Act or who shall
obstruct the grant of the loans needed by the ACCFA, or any person,
association, corporation, official or employee in the Government who
violates any provision of this Act, shall be punished by a fine of not
less than one thousand pesos nor more than ten thousand pesos, and by
imprisonment for not less than one year nor more than five years, in
the discretion of the Court: Provided, That if the offense is committed
by an association or corporation, the president, manager or
administrator and the director or directors committing the offense
shall be responsible thereof; and should be offender be an alien, he
shall, after final conviction, be deported without further deportation
proceedings: Provided, further, That the leaf tobacco involved in the
offense shall be forfeited to the Government."
Sec. 3. This Act shall take effect upon its
approval.cralaw
Approved: August 25, 1954
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