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PRESIDENTIAL DECREE NO. 1171
PRESIDENTIAL DECREE NO. 1171 -
PROVIDING CERTAIN TAX EXEMPTIONS TO THE SOUTHEAST ASIAN REGIONAL CENTER
FOR GRADUATE STUDY AND RESEARCH IN AGRICULTURE AND FOR OTHER PURPOSES
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WHEREAS,
the Southeast Asian Regional Center for Graduate Study and Research in
Agriculture (SEARCA) is a non-profit and non-stock corporation
dedicated to provide technical and educational assistance on problems
related to agricultural development of member countries which include
the Philippines, Thailand, Laos, Kampuchea, Singapore, Vietnam,
Malaysia and Indonesia;chanroblesvirtualawlibrary
WHEREAS, SEARCA continues to articulate Philippine Commitment to
regional cooperation among Southeast Asian and other countries in Asia
and elsewhere through education, science and culture;chanroblesvirtualawlibrary
WHEREAS, Republic Act No. 6450, entitle "An Act Exempting from Certain
Taxes the Southeast Asian Regional Center for Graduate Study and
Research in Agriculture, And for Other Purposes" expired on June 18,
1977 and there is a need to extend the tax privileges provided therein;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution do hereby
order and decree the following as part of the law of the land;chanroblesvirtualawlibrary
Section 1. Tax Exemption. — The provisions of
existing laws or ordinances to the contrary notwithstanding, the
Southeast Asian Regional Center for Graduate Study and Research in
Agriculture (SEARCA) and its grantees, shall be exempt from the payment
of gift, franchise, specific, percentage, real property, exchange,
import, export, and all other taxes, duties and fees provided under
existing laws or ordinances: Provided, That this exemption shall extend
to goods imported and owned by SEARCA to be leased or used by members
of its staff and to goods brought in or imported for the personal use
of foreign personnel whose services are paid by specific donor
entities, agencies, or governments or from funds granted by these
donors: Provided, further, That should such goods or articles
subsequently be sold, transferred or otherwise disposed of in the
Philippines to persons or entities not entitled to tax exemption herein
provided, the proper customs duties and taxes under existing laws shall
be imposed: Provided, finally, That non-filipino citizens or
non-resident aliens who are in experts in their respective fields and
are serving in the staff of the Regional Center shall be exempt from
the payment of Philippine income tax on all salaries and stipends,
wages or other income derived solely and by reason of service under
SEARCA.
Section 2. Additional Exemption; Allowable
Deduction. — All gifts, bequests, donations and contributions which may
be received by SEARCA from any source whatsoever, or which may be
granted by the Center to any individual or non-profit organization for
educational or scientific purposes shall be exempt from the payment of
taxes of any kind and all gifts, contributions and donations to the
Center shall constitute allowable deductions in full from the income of
the donor or giver for income tax purposes.
Section 3. Penalty. — (a) Any persons or any officer
or employee of the Government who fraudulently takes advantage of the
provisions of this Decree to avoid payment of taxes, duties and fees
imposed under any existing law, regulation, or ordinance shall be
punished by a fine equivalent to ten times the amount of all taxes,
duties and fees due, but in no case less than ten thousand pesos;
Provided, That if the offender who committed the violation is an alien,
he shall, after appropriate proceedings, be deported.
(b) Any officer or employee of the Center who
violates or any person who shall connive with such officer or employee
in the violation of the rules and regulations promulgated in pursuance
of this Decree shall suffer the same penalties as provided in the
preceding paragraph.
Section 4. Implementing Rules and Regulations. — The
Secretary of Finance shall promulgate the necessary rules and
regulations for the effective implementation of this Decree, which
rules and regulations shall include provisions requiring SEARCA,
whenever it makes any importation or exportation under this Decree to
inform the Bureau of Internal Revenue and the Bureau of Customs
immediately thereafter, and to furnish said Bureaus with sufficient
copies of any document covering the importation or exportation,
indicating the quantity and the description thereof and stating therein
the probable use and disposition of said importation or exportation.
Section 5. Repealing Clause. — Any provision of any
law, decree, rule or regulation which is inconsistent with this Decree,
is hereby revoked or amended accordingly.
DONE in the City of Manila,
this 12th day of July, in the year of Our Lord, nineteen hundred and
seventy-seven.
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