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PRESIDENTIAL DECREE NO. 149
PRESIDENTIAL DECREE NO. 149 -
AMENDING Sections 137 (b) AND 156, TITLE IV, OF THE NATIONAL INTERNAL
REVENUE CODE, AS AMENDED NOVEMBER 24, 1972 AND PRESIDENTIAL DECREE NO.
88, DATED JANUARY 3, 1973
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WHEREAS,
after a recent survey and further study of the prevailing retail prices
of cigarettes in relation to the retail price brackets and the
corresponding tax rates prescribed under Presidential Decree No. 69, it
has been found that the rising cost of production leaves the
manufacturers no more leeway for any future price adjustments in
selling prices which any prejudice the profitability of the cigarette
industry as a whole;chanroblesvirtualawlibrary
WHEREAS, the tax rates prescribed under said decree include one tax
rate of P8.00 per thousand for two classes of cigarettes having
different maximum retail prices which may result in confusion and
difficulty in the implementation, to the prejudice of the effective
collection of the correct amount of specific tax on the cigarettes
concerned;chanroblesvirtualawlibrary
WHEREAS, the maximum amount of manufacturers and importers bond
provided for under Section 156 of the National Internal Revenue Code,
as amended by Presidential Decree No. 69, has been found to be too
onerous and cumbersome on the part of the taxpayers concerned and
determined to be impracticable in line with the current practice in the
field of insurance; and chanroblesvirtualawlibrary
WHEREAS, despite the deferment of the effectivity of the new rates of
specific tax on cigarettes by virtue of Presidential Decree No. 88,
dated January 3, 1973, the Bureau of Internal Revenue has found it
physically impossible to have strip stamps under the new rates of
specific tax printed abroad as required by Section 5 of the National
Internal Revenue Code, as amended, and further, majority of cigarette
manufacturers have manifested that they have big quantities of old
stocks of packing materials without the maximum retail prices imprinted
thereon, which it not allowed to be used would mean unnecessary loss on
their part due to obsolescence by operation of law and as prescribed
under Presidential Decree No. 69; chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines and
pursuant to Proclamation No. 1081, dated September 21, 1972, and
General Order No. 1, dated September 22, 1972, as amended, do hereby
order and decree:cralaw:red
1. That Section 137(b), Title IV, of the National
Internal Revenue Code, as amended, is hereby amended to read as follows:cralaw:red
"Sec. 137. Specific tax on cigars and cigarettes. —
On cigars and cigarettes there shall be collected the following
taxes: chanroblesvirtualawlibrary
xxx
xxx
xxx
"(b) Cigarettes —chanroblesvirtualawlibrary
"(1) On cigarettes packed in thirties, the retail
price of which per pack does not exceed fifty centavos on each
thousand, three pesos.
"(2) On cigarettes packed in thirties, the retail
price of which per pack exceeds fifty centavos but does not exceed
seventy centavos, on each thousand, five pesos.
"(3) On cigarettes packed in twenties, the retail
price of which per pack does not exceed eighty centavos, on each
thousands, eight pesos. chanroblesvirtualawlibrary
"(4) On cigarettes packed in twenties, the retail
price of which per pack exceeds eighty centavos but does not exceed one
peso, on each thousand, fourteen pesos.
"(5) On cigarettes packed in twenties, the retail
price of which per pack exceeds one peso but does not exceed one peso
and forty centavos, on each thousand, sixteen pesos.
"(6) On cigarettes packed in twenties, the retail
price of which per pack exceeds one peso and forty centavos but does
not exceed one peso and sixty centavos, on each thousand, eighteen
pesos.
"(7) On cigarettes packed in twenties, the retail
price of which per pack exceeds one peso and sixty centavos, on each
thousand, twenty-five pesos.
"(8) If the cigarettes of local manufacture are
mechanically wrapped or packed, the tax shall be increased by one
hundred and twenty per centum per thousand cigarettes.
"Cigarettes shall be considered as mechanically wrapped or packed when
at any stage of the wrapping or packing a machine or any mechanical
contrivance shall have been used.
"(9) If the cigarettes are of foreign manufacture,
the tax thereon shall be the same as that prescribed under
sub-paragraph (7), paragraph (b) of this section, plus one hundred
twenty per centum." chanroblesvirtualawlibrary
2. That Section 156, Title IV, of the same Code is
hereby amended to read as follows:cralaw:red
"Sec. 156. Manufacturers' and importers' bond. —
Manufacturers and importers of articles subject to a specific tax shall
give bond in an amount equal, as nearly as can be estimated, to twenty
per centum of the taxes payable by them during an average year. Such
bond shall be conditioned upon the faithful compliance, during the time
such business and for the satisfaction of all fines and penalties
imposed by this Code. No such bond shall be required in an amount
exceeding five hundred thousand pesos nor be received in a sum less
than ten thousand pesos."
3. That Presidential Decree No. 88, amending the
effectivity date of Section 5 of Presidential Decree No. 69,
particularly Section 137 of the National Internal Revenue Code
affecting Specific Tax on Cigars and Cigarettes is hereby further
amended by resetting the effectivity of Section 137 of the National
Internal Revenue Code, as amended, from March 1, 1973 to July 1, 1973.
Done in the City of Manila,
this 13th day of March, in the year of Our Lord, nineteen hundred and
seventy-three.
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