PHILIPPINE JURISPRUDENCE US SUPREME COURT JURISPRUDENCE

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REPUBLIC ACTS

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REPUBLIC ACT NO. 1371

AN ACT TO DEFINE, CLASSIFY, FIX AND REGULATE THE AMOUNT OF ALL CHARGES AND FEES IN PHILIPPINE PORTS, OTHER THAN CUSTOMS DUTIES, INTERNAL REVENUE TAXES AND TONNAGE DUES.

Section 1. Definitions. As used in this Act:

(a) Harbor fee is the amount which the owner, agent, operator or master of a vessel has to pay for each entrance into or departure from a port of entry in the Philippines.

(b) Wharfage charge is the amount assessed against the cargo of a vessel engaged in the foreign trade, based on the quantity, weight or measure received and/or discharged by such vessel. The owner, consignee, or agent of either, of the merchandise is the person liable for such charge.

(c) Berthing charge is the amount assessed against a vessel for mooring or berthing at a pier, wharf, bulkheadwharf, river or channel marginal wharf at any port in the Philippines; or for mooring or making fast to a vessel so berthed; or for coming or mooring within any slip, channel, basin, river or canal under the jurisdiction of any port of the Philippines. The owner, agent, operator or master of the vessel is liable for this charge.

(d) Storage charge is the amount assessed on merchandise for storage in customs premises, cargo sheds and warehouses of the government. The owner, consignee, or agent of either, of the merchandise is liable for this charge.

(e) Arrastre charge is the amount which the owner, consignee, or agent of either, of merchandise or baggage has to pay for the handling, receiving and custody of the imported or exported merchandise or the baggage of the passengers.

PART I
Harbor Fees

Sec. 2. The following schedule of fees for each entrance into or departure from a port of entry in the Philippines is hereby established:

(a)For each entrance from a foreign portP50.00
(b)For each departure to a foreign port50.00
(c)For each coastwise entrance or departure:
(1) In case of vessel from 6 to 15 tons net1.00
(2) In case of vessel more than 15 but not more than 75 tons net2.00
(3) In case of vessel more than 75 but not more than 150 tons net4.00
(4) In case of vessel more than 150 but not more than 200 tons net6.00
(5) In case of vessel more than 200 but not more than 250 tons net10.00
(6) In case of vessel more than 250 but not more than 300 tons net12.00
(7) In case of vessel more than 300 but not more than 400 tons net16.00
(8) In case of vessel more than 400 tons net20.00

Provided, That the following are exempt from the payment of such fees:

(a) Vessels entering the port for the sole purpose of receiving bunker fuel and/or ship supplies or changing pilots, and remaining less than twenty-four hours in the port;cralaw

(b) Vessels passing through the port and remaining less than twelve hours and not receiving or discharging cargo;cralaw

(c) Vessels owned by the Philippine Government or any foreign government not engaged in carrying cargo, or passengers for hire; and

(d) Private, non-commercial pleasure craft.

PART II
Wharfage Charges

Sec. 3. There shall be levied, collected and paid on all articles imported or brought into the Philippines, and on products of the Philippines, except coal, lumber, creosoted and other pressure treated materials as well as other minor forest products, cement, guano, natural rock asphalt, the minerals and ores of base metals (e.g., copper, lead, zinc, iron, chromite, manganese, magnesite and steel), and sugar molasses, exported from the Philippines, a charge of two pesos per gross metric ton as a fee for wharfage: Provided, That in the case of logs, or flitches twelve inches square or equivalent cross-sectional area, or over, a charge of sixty centavos per cubic meter shall be collected: Provided, further, That such wharfage fee shall not be levied on articles imported or brought into the Philippines which are unloaded on private wharves.

PART III
Berthing Charges

Sec. 4. Vessels in Foreign Trade. (a.) Every vessel engaged in foreign trade which berths at a pier, wharf, bulkhead-wharf, river or channel marginal wharf at any national port in the Philippines provided with cargo sheds, or which makes fast to any vessel lying at such wharf or pier, for the purpose of discharging and/or loading cargo shall pay a berthing fee of four centavos per registered gross ton of the vessel for the first twenty-four hours or part thereof, and for each succeeding twenty-four hours or part thereof exceeding three hours: Provided, That the maximum charge shall not exceed four hundred pesos per day;

(b) Every vessel engaged in foreign trade which berths at a pier, wharf, bulkhead-wharf, river or channel marginal wharf at any national port in the Philippines without cargo sheds, or which makes fast to any vessel lying at such wharf or pier, for the purpose of discharging and/or loading cargo shall pay a berthing fee of three centavos per registered gross ton of the vessel for the first twenty-four hours or part thereof, and for each succeeding twenty-four hours or part thereof exceeding three hours: Provided, That the maximum charge shall not exceed three hundred pesos per day.

(c) Whenever any vessel referred to in the preceding subsections (a) and (b) is stopped by the customs authorities from discharging cargo to avoid congestion on the piers or for other justifiable causes, such vessel shall be exempt from the payment of berthing fees during the period of such suspension, unless in the meantime it loaded cargo at shipside or from the piers. In such case the wharfinger shall indicate in his report the time when the vessel stopped discharging cargo and the time it resumed said activity, and whether or not the vessel loaded cargo during the suspension of the loading operations. chanroblesvirtuallawlibrary

Sec. 5. Non-Cargo Vessels. Every vessel engaged in foreign trade which berths at a pier, wharf, bulkhead-wharf, river or channel marginal wharf at any national port in the Philippines, or which makes fast to any vessel lying at such wharf or pier, for the sole purpose of landing and/or taking passengers, or for taking fresh water or fuel for bunkers shall pay a berthing fee of two centavos per registered gross ton of the vessel: Provided, That such vessel does not remain at such berth more than eight hours; but if such vessel remains at such berth more than eight hours, the same berthing fee shall be paid as is provided in section four, subsection (a), hereof for cargo vessels whether the wharf or pier is with or without cargo shed: Provided, further, That the maximum charge shall not exceed two hundred pesos per day.chanrobles virtualaw library

Sec. 6. Vessels in the Philippine Coastwise Trade. (a.) Every vessel propelled by steam or internal combustion engine and engaged in the Philippine coastwise trade, excepting boats of five tons gross or less or pleasure or non-commercial craft, which berths at a pier, wharf, bulkhead wharf, river or channel marginal wharf at any national port in the Philippines provided with cargo sheds or which makes fast to any vessel at such wharf, or pier, for the purpose of loading or discharging cargo or for any other purpose except when in distress shall pay a berthing fee of one centavo per registered gross ton of the vessel for the first twenty-four hours or part thereof, and one-half centavo per registered gross ton for each succeeding twenty-four hours or part thereof: Provided, That the maximum charge shall not exceed one hundred pesos for the first day and fifty pesos for each succeeding day or part thereof, nor shall the minimum charge be less than ten pesos for the first day and five pesos for each succeeding day or part thereof: Provided, further, That steam or motor vessels subject to berthing fees as herein prescribed, of less than one hundred gross tons, shall be subject to a minimum charge of not less than two pesos for the first day and one peso for each succeeding day or part thereof.

(b) Each vessel propelled by steam or internal combustion engine and engaged in coastwise trade which berths at a pier, wharf, bulkhead-wharf, river or channel marginal wharf without a cargo shed at any national port, or which makes fast to any vessel lying at such wharf or pier for any purpose, except those specifically exempted in the preceding subsection, shall pay a berthing fee on one-half centavo per registered gross ton of the vessel for the first twenty-four hours or part thereof, and one-fourth centavo per registered gross ton of the vessel for each succeeding twenty-four hours or part thereof: Provided, That the maximum charge shall not exceed twenty-five pesos for the first day and twelve pesos for each succeeding day or part thereof, nor shall the maximum charge be less than two pesos for the first day and one peso for each succeeding day or part thereof: Provided, further, That steam or motor vessels subject to berthing fee as herein prescribed, of less than one hundred gross tons, shall be subject to a minimum charge of not less than one peso for the first day and fifty centavos for each succeeding day or part thereof.

(c) Every vessel propelled by steam or internal combustion engine and engaged in the bay and river trade or operating in the daily ferry service, which berths at a pier, wharf, bulkhead-wharf, channel or river marginal wharf or without cargo sheds at any national port, or which makes fast to any vessel lying at such wharf or pier more than once every twenty-four hours, except those specifically exempted in subsection (a) hereof, shall be subject to the payment of a berthing fee equivalent to fifty per centum of the rates prescribed by the preceding subsections (a) and (b), as the case may be; the rates for the first twenty-four hours or part thereof, applicable on the first day of each month and rates for each succeeding day or part thereof, applicable to each succeeding day of the month up to and including the last day: Provided, That when such vessels leave their berth and do not take berth again within twenty-four hours from the time they leave their berth, they shall be subject to the rates prescribed for the first twenty-four hours when they return and berth again at the wharf or pier or make fast to any vessel lying at such wharf or pier.

PART IV
Storage Charges

Sec. 7. At Manila. (a.) Consignments of merchandise, or parts thereof, which remain in any of the government piers or other customs premises shall be entitled to a free storage period of six working days after the cargo of the vessel from which such merchandise was landed has been officially declared as discharged. After the said free storage period, the storage rate per ton, per day shall be as follows:

Per ton

Merchandise not designated for Examination


For the first nine daysP0.25
Thereafter, to the date of completion of the processing of the entry by the Marine Division, as stamped on the delivery permit0.50
From the date of completion of the processing of the entry by the Marine Division to the date of delivery1.00

Provided, That if an importer or broker demands delivery within the free storage period of six working days by filing his delivery permit and having sufficient means of transportation to withdraw his merchandise from the piers, is prevented from withdrawing the merchandise because of the congestion of the cargo and/or traffic in the piers, the six-day free storage period herein provided shall be extended for the duration of such congestion upon certification by the wharfinger to the Collector of Customs of the existence of such congestion. The Surveyor of the Port, acting in behalf of the Collector of Customs, may, from time to time, extend the six-day free storage period, upon the petition of the importers or brokers, if in his opinion the condition of the piers does not permit movement of merchandise due to congestion or other causes beyond the control of the importers or brokers during that period: Provided, further, That the storage charges on consignments of merchandise for which no entries are filed within ten days after the cargo of the importing vessels has been officially declared as discharged shall be assessed as provided in section ten (i) hereof: Provided, further, That in no case shall storage charged be assessed at less than one peso on any single package of less than 3.334 tons or at less than two pesos on any consignment consisting of two or more packages of less than 6.667 tons for any day or fraction thereof: Provided, finally, That storage charges shall not be collected on merchandise designated for examination, except as provided in subsection (b) hereof.

The Surveyor of the Port, immediately upon receipt of advice of the wharfinger as to the time of the completion of discharge of cargo from a vessel lying alongside the pier or bulkhead, shall cause to be posted a notice at the piers and in the customhouse announcing that fact and giving the date upon which storage charged on cargo from such vessel will begin.

(b) Goods, packages, or parts of consignments designated for examination which are removed from the piers or customs premises within the six-day free storage period as provided in subsection (a) or within forty-eight hours after examination, exclusive of Sundays and legal holidays, shall not pay storage charges. Thereafter, the same shall be subject to storage charge at the rate of one peso per ton per day: Provided, That no storage shall be charged on the articles above referred to if the aggregate weight of those pertaining to one consignment is less than one kilo.

(c) Goods, packages, or parts of consignments already released for delivery to the importers, which are subsequently held for reexamination by authorized customs officers shall not pay storage during the period of suspension of their delivery, but if they are not removed from the customs premises within forty-eight hours after their release by the withholding officers, storage shall be paid thereon thereafter at the rate of one peso per ton per day.

(d) Packages and articles, whether manifested or not, or shipstores weighing more than one kilo remaining in the parcel office or the Appraiser's Division for more than five working days after their receipt therein, shall pay the following rates:

(1) Packages or articles weighing from one kilo to ten kilos, P0.05 each, per day; and

(2) Packages or articles weighing more than ten kilos, P0.10 each, per day: chanroblesvirtuallawlibrary

Provided, That every package or article not taken within the free storage period of five working days provided in this subsection shall be subject to storage charge of at least fifty centavos in the case of those weighing from one kilo to ten kilos and one peso in the case of those weighing more than ten kilos.

(e) Parcels and packages received by mail through the Post Office, which remain in the Parcel Office of the Appraisers' Division for more than fifteen working days after their receipt therein, shall pay the following rates:

(1) Parcels or packages weighing ten kilos or less, P0.02 per day; and

(2) Parcels or packages weighing more than ten kilos P0.05 per day: chanroblesvirtuallawlibrary

Provided, That each parcel or package shall, if not taken within the fifteen-day free storage period provided in this subsection, be subject to storage charge of not less than forty centavos in the case of those weighing ten kilos or less, and one peso in the case of those weighing more than ten kilos.

(f) Consignments of merchandise, or parts thereof, which are transferred to general bonded warehouses and remain therein beyond the free storage period of six working days provided in subsection (a) shall pay storage charges at the rate fixed in the contract entered into between the Bureau of Customs and the operator of the general bonded warehouse. Where no such contract exists, the storage charge shall be at the rate of fifty centavos per ton per day. chanroblesvirtuallawlibrary

Sec. 8. At Cebu, Iloilo, Zamboanga, Davao, Jolo, Tabaco, Legaspi, Jose Panganiban, Aparri, Tacloban, San Fernando, and Cagayan de Oro. (a.) Consignments of merchandise, or parts thereof, not designated for examination, which remain on customs premises, government warehouses, or on the piers for more than four working days after the discharge of the last package of the consignment upon the customs wharf or piers, shall pay at the rate of ten centavos per ton per day: Provided, That in no case shall storage charges be assessed at less than thirty-five centavos on any single package of less than 3.334 tons or at less than seventy centavos on any consignment consisting of two or more packages of less than 6.667 tons on any day or fraction thereof.

(b) Goods, packages, or parts of consignments designated for examination which remain in the appraiser's stores or on the piers for more than forty-eight hours after examination, shall be subject to storage charge at the rate of twenty centavos per ton per day: Provided, That in case said articles are taken from the appraiser's stores or the piers within the said forty-eight hours, excluding Sundays and holidays, after the examination, the same shall be exempt from storage charges: Provided, further, That no storage charge shall be assessed on any of the articles herein referred to prior to the expiration of the free storage period of four working days provided in this subsection, although forty-eight hours have already elapsed after the examination of said articles.

(c) Packages and articles, whether manifested or not, or shipstores remaining in customs premises for more than five working days after their receipt therein, shall pay storage charge at the rate of ten centavos per piece or parcel per day: Provided, That there shall be no charge on packages or articles weighing less than one kilo.

(d) Parcels and packages received by mail through the Post Office, which remain in the Appraisers' Division for more than fifteen days after their receipt therein, shall pay storage charge at the rate of five centavos per day: Provided, That such parcels and packages, except those weighing less than one kilo, if not taken within the fifteen-day period from the date they are received in the Appraisers' Division, shall be subject to storage charge of not less than one peso. No storage shall be charged on parcels or packages weighing less than one kilo.

(e) Goods, packages, or parts or consignments designated for examination which remain in the appraisers' stores more than forty-eight hours after the liquidation of the entry has been posted at the Liquidation Office, shall pay at the rate of twenty centavos per ton per day: Provided, That all goods, packages or parts of consignments so remaining shall be subject to storage charges of not less than one peso: Provided, further, That no storage shall be charged on such goods, packages or parts of consignments, until the expiration of forty-eight hours after the liquidation of the entry has been posted at the Liquidation Office. chanroblesvirtuallawlibrary

Sec. 9. At all Ports of Entry. Packages known as baggage or arriving as such, which remain in customs custody after their receipt on customs premises at any port of entry in the Philippines, including the customs office at Aparri, Tacloban and Jose Panganiban, shall be free from storage charges during the first forty-eight hours after their receipt therein. Thereafter, there shall be paid the following rates per day, including Sundays and holidays:


Not exceeding 60 cubic decimeters in bulk P0.05 each; Minimum chargeP0.35
More than 60 to 120 cubic decimeters in bulk P0.10 each; Minimum charge0.70
More than 120 cubic decimeters in bulk P0.15 each; Minimum charge1.05

Provided, That all steamer chairs and wooden frames covered with can, cloth, or canvas, of the folding variety, shall pay at the rate of two centavos each per day, the minimum to be not less than fifteen centavos: Provided, further, That if such baggage, steamer chairs, and wooden frames are held in bond for a period of more than thirty days, storage charges shall accrue thereon from the time of their delivery into customs custody.chanrobles virtualaw library

Sec. 10. General Provisions. (a.) Merchandise, supplies or materials imported by any branch of the Philippine Government, except those imported by Philippine government entities which are intended for commercial or profit making purposes, shall be exempt from storage charges: Provided, That whenever such consignments shall have been imported by other than the Philippine Government or branches thereof, or for sale thereto, storage shall be charged thereon as hereinabove provided.

(b) Transit consignments manifested as such for any Philippine port of entry shall be exempt from storage charges at the first port of arrival if forwarded to the port of destination within six days, including Sundays and holidays, after the cargo of the importing vessel has been officially declared to be discharged. Thereafter storage charges shall accrue thereon at the rate of fifty centavos per ton per day.

(c) Foreign transit cargo landed at any port of entry in the Philippines destined for foreign ports shall be exempt from storage charges if forwarded to its destination within ten days, including Sundays and holidays, after the cargo of the importing vessel has been officially declared as discharged. Thereafter storage charges shall accrue thereon at the rate of fifty centavos per ton per day.

(d) Overlanded or misimported cargo not destined for the Philippines shall be exempt from storage charges if re-exported within six days, including Sundays and holidays, after the carrying vessel has been officially declared as discharged. Thereafter, storage charges shall accrue thereon at the rate of fifty centavos per ton per day.

(e) Unmanifested cargo intended for the Philippines or of unknown destination, if claimed by steamship agents for local consumption shall, if released by the Collector of Customs, be treated as regular imported cargo, subject to the rates of storage charges fixed as hereinbefore provided. If claimed by said ship agents for re-exportation, the same shall be governed either by subsections (c) or (d) hereof, as the case may be.

(f) All other unclaimed merchandise, including overlanded cargo, the destination of which is unknown, if not claimed within thirty days after arrival of the importing vessel, shall pay storage charges from the date the cargo of the carrying vessel is officially declared as discharged to the time authority is issued permitting entry to be filed therefor. From the date it is permitted to be entered, unclaimed merchandise shall be treated as though originally landed on that date and shall be granted five working days' grace (except when sold at public auction) before storage charge again accrues, with a reduction of not exceeding ten per cent on account of their being packages designated for examination.

(g) Packages designated for examination shall not include those the delivery of which is suspended pending compliance with customs regulations, and which are not otherwise exempt from the payment of storage charges. Storage charges shall not, however, accrue on such packages during the suspension of delivery until after the expiration of three days immediately following the date of notice of release to importer. Packages which remain in customs premises, pursuant to Philippine Health Service regulations or to regulations promulgated by other government bureaus or offices, shall be exempt from the payment of storage charges during the time such regulations are being complied with.

(h) Storage charge at the daily rate of one peso per ton shall accrue on all goods remaining in the auction room if not removed on the day following the date of the completion of sale.

(i) Any consignment of merchandise, with the exception of those mentioned in subsections (a), (b), (c), (d), (e), (f), and (g) hereof, for which no entry has been filed within ten days after the cargo of the steamer from which such merchandise was landed has been officially declared as discharged, or if the entry therefor has been filed but the consignment remains at the piers, bulkheads, warehouses, or other customs premises, for a period of more than twenty days after the cargo of the vessel has been officially declared as discharged, shall be subject to storage charge at the rate of one peso per ton per day thereafter: Provided, however, That in ports of entry other than Manila, the rate of storage to be charged shall not exceed twenty-five centavos per ton per day.

(j) Merchandise brought to a pier or bulkhead for export and not loaded on a vessel within seventy-two hours shall thereafter pay storage charges up to the hour of loading at the rate of twenty-five centavos per ton per day, or part thereof. Any merchandise sent to the piers or bulkheads for shipment and not loaded on the exporting vessel for which it was intended must be removed from the pier or bulkhead within seventy-two hours after the departure of said vessel, and if not so removed shall be subject to a storage charge of fifty centavos per ton per day, or part thereof, thereafter.

(k) Coastwise cargo discharged at a national port, whether a port of entry or not, which remains on the government pier, wharf or other customs premises for more than two working days after discharge of all consignments from the carrying vessel shall pay a storage charge of one peso per ton per day or part thereof. Coastwise cargo brought to a pier or wharf for shipment to another port and not loaded on the vessel for which it was intended shall, if not removed from the pier or wharf within twenty-four hours after the departure of the said vessel, pay a storage charge of one peso per ton per day or fraction thereof.

(l) The storage charges hereinbefore prescribed accruing on cargo which has not been withdrawn or removed from the customs premises in due time, may, for good reasons, be reduced or remitted by the Collector of Customs, subject to the approval of the Commissioner of Customs and of the Auditor General: Provided, That in case of reduction, the amount corresponding to such reduction shall not be in excess of fifty per cent nor less than ten per cent of the storage liability of the importer or consignee.

(m) For purposes of the assessment of the storage charges hereinbefore provided, the term "ton" shall be taken to mean a ton of one thousand kilos or the American measurement ton of 1.1326124 cubic meters (40 cubic feet), whichever is greater.

PART V
Arrastre Charges

Sec. 11. Port of Manila.

(a.)Imported Cargo. The following shall be the schedule of charges for receiving merchandise from ship's tackle or ex-lighters, distributing and stacking same on said piers and wharves, and rehandling same from said piers or wharves, unto consignee's or agent's transportation or unto transportation furnished by bonded warehouses:
(1)General cargo, except as specifically mentioned hereunder, per ton of 40 cubic feet or 1,000 kilos at the rate ofP4.90
(2)Provided, That on any single consignment weighing 250 kilos or less, or measuring 10 cubic feet or less the charge shall be2.85
(3)Provided, That on any single consignment weighing 500 kilos or less, or measuring 20 cubic feet or less, but more than 250 kilos or 10 cubic feet the charge shall be3.00
(4)Provided, That on any single consignment weighing 750 kilos or less, or measuring 30 cubic feet or less, but more than 500 kilos or 20 cubic feet the charge shall be3.75
(5)Provided, That on any single consignment weighing 1,000 kilos or less, or measuring 40 cubic feet or less, but more than 750 kilos or 30 cubic feet the charge shall be4.50
(6)And Provided, That any consignment consisting of a single package weighing less than 10 kilos shall not be subject to any charge:
Provided however, That the following shall be subject to the special charges hereunder listed:
(1)Coffee and cocoa beans in sacks, per ton of 1,000 kg.4.50
(2)Eggs in baskets, per ton of 40 cubic feet2.70
(3)Flour in sacks, per ton of 1,000 kilos 3.50
(4)Wood furniture, and wood and metal empty containers, per ton of 40 cubic feet3.50
(5)Bamboo and wicker furniture, per ton of 40 cubic feet 3.00
(6)Newsprint paper in rolls, not less than 34" in length, 24" in circumference, per ton of 1,000 kilos4.00
(7)Hay in bales, per ton of 40 cubic ft.2.50
(8)Hempt not in bales, per ton of 1,000 kilos4.50
(9)Horses, cattle and carabaos, ordinary, uncrated, per head1.20
(10)Horses, cattle and carabaos, etc., for breeding and/or exhibition purposes, uncrated, per head4.50
(11)Horses, cattle, carabaos, etc., for breeding and/or exhibition purposes, crated, per ton of 40 cubic feet3.00
(12)Pigs, sheep, goats etc., ordinary, un- crated, per head .60
(13)Pigs, sheep, goats, etc., for breeding and/or exhibition purposes, crated, per ton of 40 cubic feet 2.50
(14)Pigs, sheep, goats, etc., for breeding and/or exhibition purposes, uncrated, per head2.50
(15)Infusorial earth and asbestos cement per ton of 40 cu. ft. or 1,000 kilosP2.40
(16)Iron and steel bars and bundles, pipes and pipe fittings singly or in bundles, without marks or with illegible marks or various consignments or marks landed mixed up, to be received in the open and sorted out by invoice assort- ment and specification for proper de- livery, per ton of 1,000 kilos or 40 cu. ft.5.60
(17)General cargo packed in cartons of 40 cu. ft.7.20
(b)Lighter Deliveries. All merchandise stored in the piers or wharves and delivered into lighters, cascos, etc., shall pay in addition to the above charges per ton of 40 cu. ft. or 1,000 kilos1.00
(c)Export Cargo. For handling of merchandise for export from consignor's transportation upon the piers or wharves to the slings of the exporting vessel:
(1)General cargo, except as specially men- tioned hereunder, per ton of 40 cu. ft., or 1,000 kilos3.30
(2)Provided, That there shall be a minimum charge of2.00
Provided, however, That the following shall be subject to the special charges hereunder listed:

(1) Coffee and flour in sacks, per ton of 1,000 kilos2.00
(2) Wood furniture and wood and metal empty containers, per ton of 40 cu. ft.
(3) Bamboo and wicker furniture, per ton of 40 cu. ft.1.60
(4) Hemp, not in bales, per ton of 1,000 kilos2.50
(5) Horses, cattle and carabaos, per head2.00
(6) Horses, cattle and carabaos, etc., for breeding and/or exhibition purposes, uncrated, per head5.00
(7) Horses, cattle, carabaos, etc., for breeding and/or exhibition purposes, crated, per ton of 40 cu. ft.3.00
(8) Pigs, sheep, goats, etc., per head0.60
(9) Pigs, sheep, goats, etc., for breeding and/or exhibition purposes, uncrated, per head3.00
(10) Pigs, sheep, goats, etc., for breeding and/or exhibition purposes, crated, per ton of 40 cu. ft.3.00
(d)(1)When transit cargo for inter-island ports is landed on one pier or wharf and is loaded onto the forwarding ves- sel berthed at the time at the same pier or wharf, the contractor shall place the same onto the forwarding trans- portation or onto the slings of the forwarding vessel at the rate of, per ton of 40 cu. ft. or 1,000 kilos4.00

Provided, That there shall be a minimum charge of4.00
(2)When transit cargo for inter-island ports is landed on one pier or wharf and is transferred to another pier or wharf for loading onto the forwarding vessel berthed at the time at the latter pier or wharf, the contractor shall place the same onto the transfer transportation furnished by the agent and/ or importers, receive the same from such transfer transportation and place the same into the slings of the for- warding vessel at such other pier or wharf at the rate of, per ton of 40 cu. ft. or 1,000 kilos5.00

(3)The charge of handling transit cargo for foreign ports including service of "Arrastre", recouping or reconditioning of cargo, transfer from pier to pier, and transfer to and from bonded warehouse, shall be at the rate of, per ton of 40 cu. ft. or 1,000 kilos12.50
(e)Heavy Cargo. On any single package of import, export, transit cargo, weighing more than two tons, handled on a pier or wharf, the harge shall be, per ton or any fraction thereof13.50
Provided, That this charge shall not apply to automobiles, motor trucks and transit cargo for coastwise ports.
(f)Shipside Charges. There shall be collected on all import cargo falling under Customs Administrative Order Numbered One hundred thirty-seven (old series), as amended by Customs Administrative Order Numbered One hundred thirteen, and other subsequent Customs Administrative Orders relative to shipside delivery, the following charge0.60
(g)Pier Lighting Services. For lights furnished on piers or wharfs for the purpose of working cargo, when loading or unloading vessel or vessels at night:
For pier lighting service, per hour4.00
For cluster lights furnished, per cluster0.80
(h)Water Service. For fresh water furnished to vessel, berthed at pier or wharf per ton0.40
(i)Other Services.
(1)For use of landing skids, per skid30.60
(2)For issuance of short-landed certificates, per certificate0.50
(3)For making fast and letting go lines, per berthing40.00

Sec. 12. Port of Cebu.

(a.)Import Cargo (including transit import cargo.) For receiving imported merchandise from ship's tackle or ex-lighters, distributing and stacking same on said piers and wharves, and rehandling same from said piers or wharves onto consignee's or agent's transportation or onto transportation furnished by bonded warehouses:
(1)General Cargo. (per ton of 40 cu. ft. or 1,000 kilos):
(a) Wharf deliveryP3.00
(b) Pier delivery (only 10 per cent of the total quantity to be charged)4.80
Provided, That,
(c) Any single consignment weighing

(1) From 10 to 250 kilos2.50
(2) From 251 to 375 kilos3.25
(3) From 376 to 500 kilos4.00
(4) From 501 to 625 kilos4.75
(5) From 626 to 750 kilos5.50
(6) From 751 to 875 kilos6.25
(7) From 876 to less than 1,000 kilos7.00
(d) Heavy machinery and other heavy lifts, per ton of 40 cu. ft. or 1,000 kilos10.000
(e) Cargoes discharged at the wharf and taken into the piers or customs warehouses, per ton of 40 cu. ft. or 1,000 kilos12.00
(2)Specific cargoes. (Per bag, bundle, keg, sack, bale, piece, package):
(a) Chinaware in bundles; paint in kegs of 1 gallon; matches in tins; wharf or pier delivery per bundle, keg, tin or unitP0.08
(b) Flour in bags of 50 lbs., per bag0.08
(c) Flour in bags of 100 lbs., per bag0.15
(d) Sardines, salmon, milk and others in cases or packages of groceries, hardware, and machinery parts of the same approximate size and weight, wharf or pier delivery per case, package or unit0.12
(e) Potatoes and onions in crates or cases, wharf or pier delivery, per crate or case or unit0.15
(f) Rice and other sacks of the same approximate size and weight, not to exceed 60 kilos, wharf or pier delivery per sack or unit0.15
(g) Rice and other sacks of the same approximate size and weight, weighing 80 kilos up, per sack or unit0.28
(h) Barbed wire in bundles not exceeding 45 lbs; and auto tires in loose; per bundle or unit, wharf or pier deliveryP0.15
(i) Cement in barrels, wharf or pier delivery, per barrel0.20
(j) Cement in paper bags, wharf or pier delivery, per bag0.12
(k) Linseed oil in 5-gal. drums and other drums of the same approximate size and weight, wharf or pier delivery, per drum0.14
(l) Bricks in loose, wharf or pier elivery per piece0.30
(m) Oil and other contents of 50 to 55-gal. drums, wharf or pier delivery, per ton of 1,000 kilos3.00
(n) Caustic soda and asphalt in drums of no less than 230 kilos, pier or wharf delivery, per ton of 1,000 kilos3.50
(o) Gunnies and textiles in bales from 150 kilos up, wharf or pier delivery, per ton of 1,000 kilos3.50
(p) Cocoa beans, corn flour, and cornstarch in bags wharf or pier delivery, per ton of 1,000 kilos3.00
(q) Galvanized iron in crates or in loose; galvanized wire in coils, wharf or pier delivery, per ton of 1,000 kilos 3.00
Salt in sacks of not more than 33 kilos, per sack0.10
Milk in cases "Nestle" brand, per case0.09
Beer in cans, per carton0.08
Beer in bottles, per carton0.10
(b)Valuable cargo. The charges for each package of gold, silver, precious stones, precious metals, jewelry, treasury notes of any kind, bank notes, securities, bullion or specie or any other cargo whose value has been declared at P500 or more shall be:
For the first P5003.00
For every P500 or fraction thereof thereafter3.00
(c)Other Services. For the issuance of short-landed certificates, per certificate0.50

Sec. 13. Port of Zamboanga.

(a.)Imports, including import transit cargoes.
(1)General cargoes:
(a) Wharf delivery, per ton of 1,000 kilos1.00
(b) Single consignment weighing:

From 10 to 250 kilos1.00
From 251 to 500 kilos2.50
From 501 to 750 kilos4.00
(c) Heavy machinery and other heavy lifts, per ton10.00
(2)Specific cargoes.1.00
(a) Flour, sugar and rice, bags or sacks of 50 lbs. or less, per bag0.05
(b) Flour, sugar, and rice, bags or sacks of 100 lbs. or less, per bag0.01
(c) Milk, sardines, cases of groceries, hardware and machinery parts of the same approximate size and weight, per case0.05
(d) Cement, in barrels, per barrel0.20
(e) Cement, in bags, per bag0.10
(f) Oils and other contents in drums of 50 to 55 gals., per ton of 1,000 kilos1.00
(g) All others in drums less than 250 kilos, per ton of 1,000 kilos1.50
(h) Galvanized iron sheets, pipes, etc., per ton1.00
(i) Gunnies and textiles in bales per ton of 1,000 kilos1.50
Provided, That, (1) Specific cargoes rates shall only be applied for wharf delivery.

(2) Additional two hundred per cent to the specific cargoes rates shown above shall be charged only when cargo is taken to or from customs warehouse or owner's bodega, and
(3) Additional fifty per cent to the above rates shall be charged in case service is done during overtime period.
(b.)Merchandise for export. For handling of merchandise for export from consigner's transportation upon the piers or wharves to the slings of the exporting vessel:

(1) General cargo, except as specifically mentioned hereunder per ton of 40 cu. ft., or 1,000 kilos0.20
(2) Provided, That there shall be a minimum charge of0.20
(3) Provided, That the service shall consist only of the labor in hooking the net or sling containing the cargo from the carrying truck to the ship's tackle.

Sec. 14. Port of Davao. (a.) Import Cargo (including transit import cargo.) (1) For receiving imported merchandise, including transit import cargo, from ship's tackle or ex-lighters to the pier or wharf, and rehandling same from said pier or wharf onto consignee's or agent's transportation during the regular office hours, per ton of 40 cu. ft. or 1,000 kilos P2: Provided, That when the service is rendered after office hours or during Sundays or legal holidays, the rate shall be, per ton of 40 cu. ft. or 1,000 kilos P3: Provided, further, That there shall be collected a minimum charge of P1 on merchandise consisting of a single consignment and weighing less than one ton.

(2) For rehandling imported merchandise, including transit import cargo, from the pier or wharf to the customs warehouse onto consignee's or agent's transportation, during regular office hours, per ton of 40 cu. ft. or 1,000 kilos P1: Provided, That when the service is rendered after office hours or during Sundays or legal holidays, the rate shall be, per ton of 40 cu. ft. or 1,000 kilos P2: Provided, further, That there shall be collected a minimum charge of P0.50 on merchandise consisting of a single consignment and weighing less than one ton.

(3) Rate of charges for all merchandise stored in the pier or wharf and delivered onto lighters or cascos, per ton of 40 cu. ft. or 1,000 kilos P1: Provided, That when the service is rendered after office hours or during Sundays or legal holidays, the rate shall be, per ton of 40 cu. ft. or 1,000 kilos P1.50: Provided, further, That there shall be collected a minimum charge of P0.50 on merchandise consisting of a single consignment and weighing less than one ton.

(4) For the issuance of short-landed certificates, per certificateP0.50
(5) For making fast lines at Sasa Wharf, per berthing25.00
(6) For letting go lines at Sasa Wharf, per unberthing25.00
(7) For use of tugs in berthing or to assist in pulling away from wharf, when such assistance is requested by the master or vessel's agents, provided time shall start at the hour the tug requested to be on standby, per hour25.00

Sec. 15. Port of Iloilo.

(a.)Import Cargo. For receiving imported merchandise from the ship's tackle or ex-lighters, distributing and stacking same on said piers and wharves, and rehandling same from said pier or wharf onto consignee's or agent's transportation or onto transportation furnished by bonded warehouse:

Discharged
From the vessel or pier direct to the wharfFrom the vessel thru the lighter to wharf or pier
(1)General cargo, except as specifically mentioned hereunder, per ton of 40 cu. ft. or 1,000 kilos at the rate ofP3.00P2.00
(2)Provided, That on any single consignment weighing 250 kilos or less, or measuring 10 cu. ft. or less, the charge shall be1.400.95
(3)Provided, That on any single consignment weighing 375 kilos or less, or measuring 16 cu. ft. or less, but more than 250 kilos or 10 cu. ft., the charge shall be1.751.15
(4)Provided, That on any single consignment weighing 500 kilos or less, or measuring 20 cu. ft. or less, but more than 375 kilos or 15 cu. ft., the charge shall be2.201.55
(5)Provided, That on any single consignment weighing 1,000 kilos or less or measuring 40 cu. ft. or less, but more than 500 kilos or 20 cu. ft., the charge shall be2.501.85
(6)And provided, That any consignment consisting of a single package weighing less than 10 kilos shall not be subject to any charge: Provided, That the following shall be subject to the special charges hereunder listed:
(1) Automobiles and motor trucks boxed or unboxed, crated or uncrated, per ton of 1,000 kilos3.002.00
(2) Coffee and cocoa beans in sacks, per ton of 1,000 kilosP3.00P2.00
(3) Eggs, in baskets, per ton of 40 cubic feet2.001.35
(4) Flour in sacks, per ton of 1,000 kilos2.251.50
(5) Wood furniture, and wood and metal empty containers, per ton of 40 cubic feet1.801.20
(6) Bamboo and wicker furniture, per ton of 40 cu. ft.1.000.65
(7) Newsprint paper in rolls, not less than 34" in length and 24" in circumference, per ton of 1,000 kilos2.201.50
(8) Hay in bales, per ton of 40 cubic feet1.000.65
(9) Hemp not in bales, per ton of 1,000 kilos3.002.00
(10) Horses, cattle and carabaos, etc., for breeding and/or exhibition purposes, uncrated, per head2.801.90
(11) Horses, cattle, and carabaos, ordinary, uncrated, per head0.600.40
(12) Horses, cattle, carabaos, etc., for breeding and/or exhibition purposes, crated, per ton of 40 cu. ft.2.801.90
(13) Pigs, sheep, goats, etc., ordinary, uncrated, per head0.300.20
(14) Pigs, sheep, goats, etc., for breeding and/or exhibition purposes, uncrated, per head1.801.20
(15) Infusorial earth and asbestos cement, per ton of 40 cu. ft. or 1,000 kilos1.400.95
(16) Iron and steel bars and bundles, pipes and pipe fittings, singly or in bundles, without marks or of various consignments or marks landed mixed up, to be received in the open and sorted out by invoice assortment and specification for proper delivery, per ton of 1,000 kilos or 40 cubic feetP3.50P2.35
(17) General cargo packed in cartons of 40 cubic feet3.502.35
(b)Merchandise for export. For handling of merchandise from consignor's transportation upon the pier or wharf to the slings of the exporting vessel:
(1)General cargo, except as specifically mentioned hereunder per ton of 40 cu. ft. or 1,000 kilosP2.00
(2)Provided, That there shall be a minimum charge of 1.00
Provided, That the following shall be subject to the special charges hereunder listed:

a. Automobiles and motor trucks, boxed or unboxed, crated or uncrated, per ton of 40 cu. ft. or 1,000 kilos1.00
b. Coffee in sacks, per ton of 1,000 kilos1.00
c. Flour in sacks, per ton of 1,000 kilos1.00
d. Wood furniture, and wood and metal empty containers, per ton of 40 cu. ft.1.00
e. Bamboo and wicker furniture, per ton of 40 cubic feet1.00
f. Hemp, not in bales, per ton of ,000 kilos1.80
g. Horses, cattle and carabaos, per head1.00
h. Horses, cattle, and carabaos, etc., for breeding and/or exhibition purposes, uncrated, per head2.80
i. Horses, cattle, carabaos, etc., for breeding and/or exhibition purposes, crated, per ton of 40 cubic feet1.80
j. Pigs, sheep, goats, etc., per head0.40
k. Pigs, sheep, goats, etc., for breeding and/or exhibition purposes, uncrated, per head1.80
l. Pigs, sheep, goats, etc., for breeding and/or exhibition purposes, crated, per ton of 40 cu. ft.1.80
(c.)Transit Cargo (Import). Transit cargo shall include all merchandise handled over the piers and wharves which is manifested for ports other than Iloilo. The charge of handling transit cargo shall be as that for imported cargo, except as shown below:
(1)When transit cargo for inter-island ports is loaded onto the forwarding transportation parked and/or onto the forwarding vessel berthed at the time at the same pier or wharf, the rate for placing the same onto the forwarding transportation or onto the slings of the forwarding vessel shall be at per ton of 40 cubic feet or 1,000 kilosP2.50P1.75
(2)Provided, That there shall be a minimum charge of2.001.35
(3)When transit cargo for inter-island ports is landed on one pier or wharf and is transferred to another pier or wharf for loading onto the forwarding vessel berthed at the time at the latter pier or wharf, the rate for placing the same onto the transfer transportation furnished by the agent and/or importer, receiving the same from uch transfer for transportation and placing the same into the slings of the forwarding vessel at such other pier or wharf shall be, at per ton of 40 cubic feet or 1,000 kilos3.002.00
(4)Provided, further, That any transit cargo for inter-island ports which remain on pier or wharf for more than ten days after the cargo of the importing vessel from which it was landed has been officially declared or discharged, shall be transferred to the bonded warehouse and treated as any other cargo so transferred3.002.00
(5)The charge of handling transit cargo for foreign ports including service for "arrastre", reoccupying or reconditioning of cargo, transfer from pier to pier, and transfer to and from bonded warehouse, shall be at the rate of, per ton of 40 cu. ft. or 1,000 kilos8.505.70
(6)Provided, That the charge for handling of foreign transit cargo less than 40 cu. ft. or 1,000 kilos shall be the same as that for imported cargo.
(d) Heavy cargo. On any single package or import, export, or transit cargo, weighing more than two tons, handled on a pier or wharf, the charge shall be, per ton or any fraction thereofP8.50P5.70
Provided, That this charge shall not apply to automobiles, motor trucks and transit cargo for coastwise ports.
(e)Handling of Baggages. No charge shall be made for the handling of baggages of incoming or outgoing passengers except as follows:
(1)For baggages regularly manifested as cargo the charge shall be the same as for general imported cargo.
(2)For animals accompanying passengers, the charge shall be the same as for animals regularly imported or exported.
(3)For automobiles of incoming or outgoing passengers, the charge shall be the same as for automobiles regularly imported or exported. For any special service on the pier and wharf or in the immediate vicinity thereof in connection with the handling of merchandise, and for the use of electric trucks, tractors and other arrastre equipment:
Special service, per ton of 40 cu. ft. of 1,000 kilosP2.50
This service charge shall not apply to merchandise on which arrastre charge has been paid or secured.
(f)Hire of Autotrucks. For the use of autotrucks for transferring cargo from one pier to another and/or warehouse, or vice-versa, the charge shall be per ton of 40 cu. ft. or 1,000 kilos1.50
(g)Checking Charges. There shall be collected on all cargo falling under Customs Administrative Order Numbered One hundred thirty-seven (old series), as amended, relative to shipside delivery (except coal, lumber, and firebricks in quantities, crude oil, kerosene and gasoline in cases, or in lots of over ten thousand cases or its equivalents and entire cargo of vessels when of one commodity and consigned to one consignee only, when written application for non-checking of such excepted merchandise has been made by the consignee to and approved by the Bureau of Customs) a checking charge as follows:
Per ton of 40 cu. ft. or 1,000 kilosP0.40
This charge shall be known as a "checking charge" and shall be made against import cargo only: Provided, That nothing herein contained shall be so construed as to authorize the collection of arrastre charges other than checking charges on shipside deliveries duly authorized by the Collector of Customs in accordance with Customs Administrative Order Numbered Eighty-four.
(h)Pier Lighting Service. For lights furnished on pier or wharf for the purpose of working cargo, when loading or unloading vessel or vessels at night:
For pier lighting services, per hourP2.25
For cluster lights furnished, per cluster0.50
(i)Water Service. For fresh water furnished to vessel berthed at pier or wharf, per ton0.30
(j)Valuable Cargo. The charges for such packages of gold, silver, precious stones, precious metals, jewelries of any kind, bank notes, securities, bullion or specie, or any other cargo whose value is declared at P500 or more shall be:
For the first P500P2.50
For every P500 or fraction thereof thereafter2.50
(k)Other Services
(1)For the use of landing skids, per skid15.00
(2)For the issuance of short-landed certificates, per certificate0.40
(3)For making fast and letting go lines, per berthing30.00

Sec. 16. In all other Ports. The office or agency of the government charged with the supervision, administration and management of all ports in the Philippines, upon the approval of the Department Head, shall fix the rates for the handling, receiving and custody of imported or exported merchandise or the baggages of passengers in all other ports of entry, taking into account the facilities, machinery and equipment available in such port of entry.chanrobles virtualaw library

Sec. 17. The provisions of sections eleven, twelve, thirteen, fourteen, fifteen, and sixteen to the contrary notwithstanding, the office or agency of the government charged with the supervision, administration and management of all ports in the Philippines, upon prior approval of the Department Head, may increase or decrease the rates fixed therein in any port of the Philippines, by not more than fifty per cent when such increase or decrease is necessary to protect the interest of the government: Provided, however, That nothing herein contained shall be understood to amend, alter or revoke any contract existing at the time this Act becomes effective.

PART VI
Final Provisions

Sec. 18. Nothing herein contained shall preclude the agency or office of the government charged with the supervision, administration and management of all ports in the Philippines, upon the approval of the Department Head, from imposing other charges and fees which it may find to be reasonable.chanrobles virtualaw library

Sec. 19. The agency or office of the government charged with the supervision, administration and management of all ports in the Philippines, upon approval of the Department Head, shall promulgate all rules and regulations for the collection of all the fees and charges herein provided.chanrobles virtualaw library

Sec. 20. Sec. fourteen of the Philippine Tariff Act of nineteen hundred and nine, as amended; section twelve hundred and fifty-seven and subsections (b) and (c), and paragraphs 1 to 8 of subsection (d) of section fourteen hundred and fourteen of the Revised Administrative Code; Executive Order Numbered Two hundred and fifty-five, dated February twenty-one, nineteen hundred and forty, as amended by Executive Orders Numbered Two hundred seventy, dated April twenty-five, nineteen hundred and forty, and Three hundred sixty-six, dated August thirty, nineteen hundred and forty-one; and Customs Administrative Order Numbered One hundred and ninety, dated December twenty, nineteen hundred and fifty-four, of the Commissioner of Customs, are hereby repealed.chanrobles virtualaw library

Sec. 21. This Act shall take effect on July first, nineteen hundred and fifty-five.

Approved: June 18, 1955