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PRESIDENTIAL DECREE NO. 1253
PRESIDENTIAL DECREE NO. 1253 -
GRANTING THE ORIENTRLINES ASSOCIATION CORPORATE LEGAL PERSONALITY AS A
NON-STOCK, NON-PROFIT CORPORATION WITH TAX AND OTHER PRIVILEGES
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WHEREAS,
therlines of the Orient, flag carriers of nations of the Far East,
Southeast Asia, and Australasia recognizing the vital need to cooperate
in the development ofr commerce in this region in the interests of the
safety and convenience of the travelling public, have established the
Orientrlines Association (CAA); chanroblesvirtualawlibrary
WHEREAS, the Orientrlines Association serves as a forum for discussing
matters and problems of common interest and concern, fostering closer
cooperation, development of the travel and tourism industry in the
region, and the individual and collective growth of its memberrlines as
instruments of international cooperation in the economic, social, and
cultural fields;chanroblesvirtualawlibrary
WHEREAS, developments in the worldwider transport industry continue at
a dynamic pace, are inherently and increasingly the concern of
governments as well as the aviation community, and are inevitably
calling upon the active participation and cooperation of all entities
and institutions involved in its orderly operation and regulation;chanroblesvirtualawlibrary
WHEREAS, the Orientrlines Association, a non-stock, non-profit, and
non-corporate organization, has played a major role in industry affairs
in the region and needs to enhance its ability to fully discharge its
responsibilities not only to its members but to the global industry and
the public at large;chanroblesvirtualawlibrary
WHEREAS, the grant to the Orientrlines Association of legal personality
as a body corporate and politic will formalize the existence of the
organization, enable it to undertake external representation of its
members, serve to promote travel and tourism in the country and in the
region as a whole as a direct benefit arising from its objectives, and
is consistent with the policy of the government of the Philippines to
encourage international agencies to set up their regional offices or
headquarters in the Philippines;chanroblesvirtualawlibrary
WHEREAS, the Orientrlines Association has held its principal office in
Makati, Metro Manila, Philippines, since its establishment in 1966, and
desires to acquire a legal personality according to laws of the
Philippines.
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: chanroblesvirtualawlibrary
Section 1. The Orientrlines Association, composed of
the Philippinerlines, Inc., Cathay Pacificrways, Ltd., Chinarlines,
Koreanrlines, Ltd., Japanrlines, Garuda Indonesiarways, Malaysianrlines
System, Qantasrways, Ltd., Singaporerlines, Ltd., Thairways
International, Royal Bruneirlines,r Niugini, and such other
Orient-basedrlines as it may admit as members, is hereby granted a
corporate legal personality as a non-profit and non-stock corporation
to be hereinafter known as the Orientrlines Association, Inc.
Section 2. The Orientrline Association, Inc. shall be
governed by its present Articles of Association, a By-laws to be
adopted within thirty (30) days from the Promulgation of this Decree,
and the provisions of the Corporation Law insofar as they are not
inconsistent with the provisions of this Decree or with the purposes
for which the corporation is formed in the Articles of Association, and
shall have the general powers mentioned in such law and such other
powers as may be necessary to enable it to accomplish its purposes. The
By-Laws may provide for the holding of the annual meeting of the
members outside the Philippines and shall be exempt from the
requirements of Section 24 of Act No. 1459, as amended, in accordance
with the established agreement between and among the memberrlines.
The Securities and Exchange Commission shall issue the necessary
Certificate of Incorporation and filing of By-Laws.
Section 3. The Orientrlines Association, Inc. shall
be exempt from income tax under the provisions of Section 27 (f) of the
National Internal Revenue Code, as amended, as a business league not
organized for profit, and its operations and transaction shall be
exempt from any and all taxes, duties, fee, charges, imposts, licenses
and assessments of whatever nature and description, direct or indirect,
imposed by the Republic of the Philippines or any of its political
subdivisions or taxing authorities except only the tax on any real
property owned and held by the organization in the Philippines. chanroblesvirtualawlibrary
Section 4. Foreign personnel of the organization,
their spouses, and unmarried children under twenty-one years of age,
whether accompanying them or joining them after their parents admission
into the Philippines as non-immigrant, shall be issued a multiple entry
special visa to enter the Philippines valid for a period of one year:
Provided, That a responsible officer of the organization submits a
certificate under oath that the person who seeks entry to the
Philippines is an executive or employee of the organization and will
work exclusively for the organization at its principal office in the
Philippines.
The Multiple entry special visa may be extended annually upon
submission to the Commission on Immigration and Deportation of a sworn
certification by a responsible officer of the organization that the
stay of that executive or employee in the Philippines is required by
the operations of the organization.
Non-immigrants who have been admitted under the multiple entry special
visa, as well as their spouses and dependents, shall be exempt from the
payment of all fees due under the immigration clearance certificates,
and all types of clearances required by any department or agency of the
government, and upon final departure from the Philippines the
organization shall so advise in writing the Commission on Immigration
and Deportation at least five (5) working days prior to the
no-immigrant's departure.
Section 5. The alien executives of the organization
shall enjoy the privileges extended to foreigners coming to the
Philippines as provided for in Section 105 (g) of the Tariff and
Customs Code, as amended. chanroblesvirtualawlibrary
Section 6. The provisions of existing laws, executive
orders, administrative orders, rules and regulation, or parts thereof
in consistent with the provisions of this Decree shall be inapplicable.
Section 7. The provisions of this Decree are hereby
declared to be separable and if any portion of this Decree should; for
any reason, be held invalid or constitutional, such invalidity or
unconstitutionality shall not affect the other provisions of this
Decree which shall be given force and effect.
Section 8. This Decree shall take effect upon its
approval and shall be implemented immediately.
Done in the City of Manila,
this 28th day of November, in the year of Our Lord, Nineteen Hundred
and Seventy-Seven.
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