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PRESIDENTIAL DECREE NO. 1352
PRESIDENTIAL DECREE NO. 1352 -
IMPOSING A FIVE PERCENT CUSTOMS DUTY AND FIVE PERCENT INTERNAL REVENUE
TAX IN LIEU OF THE DUTY AND/OR TAX-FREE IMPORTATION PRIVILEGE
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WHEREAS,
the policy enunciated under Presidential Decree No. 776 is to
rationalize and harmonize the fiscal incentives granted under existing
laws in order to conserve government revenues: chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree:cralaw:red
Section 1. All importations which are presently
exempt from customs duties and/or internal revenue taxes under the
provisions of any general or special laws shall be subject to a 5
percent customs duty and 5 percent internal revenue taxes subject to
the same limitations and conditions prescribed under such law, if any.
The duty and tax imposed herein shall be computed in accordance with
the applicable provisions of the Tariff and Customs Code, as amended,
and the National Internal Revenue Code of 1977, respectively.
The customs duty and internal revenue imposed under this section shall
not apply to the following importations:cralaw:red
1. Those which are exempt in pursuance of or in
compliance with international treaties or commitments, such as the
ADB-RP Host Agreement (1966); the 1947 Convention on Privileges and
Immunities of the United Nations and its specialized agencies; the
United States Agency for International Development-RP Agreement; the
1947 Military Bases Agreement; and other similar treaties
or commitments; chanroblesvirtualawlibrary
2. Those which are exempt under Section 17 of
Presidential Decree No. 66;chanroblesvirtualawlibrary
3. Those which are exempt under Section 12 of
Presidential Decree No. 87;chanroblesvirtualawlibrary
4. Those which are exempt under Presidential Decree
No. 215;chanroblesvirtualawlibrary
5. Those which are exempt under Section 1 of
Presidential Decree No. 292;chanroblesvirtualawlibrary
6. Those which are exempt under Presidential Decree
No. 529;chanroblesvirtualawlibrary
7. Those which are exempt under Section 15 of
Presidential Decree No. 572;chanroblesvirtualawlibrary
8. Those which are exempt under Presidential Decree
No. 604;chanroblesvirtualawlibrary
9. Those which are exempt under Presidential Decree
No. 666;chanroblesvirtualawlibrary
10. Those which are exempt under Section 76 of
Presidential Decree No. 768;chanroblesvirtualawlibrary
11. Those which are exempt under Presidential Decree
No. 783;chanroblesvirtualawlibrary
12. Those which are exempt under Presidential Decree
No. 972; and
13. Those which are exempt under Section 18 of
Republic Act No. 6234.
Section 2. The pertinent provisions of Presidential
Decree No. 218, Presidential Decree No. 269, Presidential Decree No.
348, Presidential Decree No. 413, Presidential Decree No. 440,
Presidential Decree 535, Presidential Decree No. 538, Presidential
Decree No. 634, Presidential Decree No. 681, Presidential Decree No.
690, Presidential Decree No. 926, Presidential Decree No. 990,
Presidential Decree No. 992, Presidential Decree No. 1159, Republic Act
No. 720, Republic Act No. 3470, Republic Act No. 4156, Republic Act No.
5186, Republic Act. 6135, Republic Act, No. 1161, Republic Act No.
1370, Republic Act No. 2640, Republic Act No. 3054, Republic Act No.
4690, Republic Act No. 4850, Republic Act No. 4071, and Republic Act
No. 6042 are hereby repealed or amended accordingly.
Section 3. All pertinent provisions of special
charters granting franchise and/or similar provisions of other general
and special laws are likewise repealed or amended accordingly;
Provided, however, That the President may, upon recommendation of the
Fiscal Incentives Review Board, declare a particular provision of an
existing law other than those enumerated in the preceding paragraph as
not among those repealed or amended by this paragraph.
Section 4. The Secretary of Finance shall, upon
recommendation of the Commissioner of Customs, promulgate the necessary
rules and regulations for the effective implementation of the
provisions of this Decree.
Section 5. This Decree shall take effect immediately.
DONE in the City if Manila,
this 21st day of April, in the year of Our Lord, nineteen hundred and
seventy-eight.
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