WHEREAS,
certain persons and entities engaged in the export of logs have not
declared or have misdeclared their true and correct export
earnings; chanroblesvirtualawlibrary
WHEREAS, such irregularities have caused serious damage to the economy
and the welfare of the national community, such as through the salting
of foreign exchange abroad; the non-payment of the corresponding taxes;
and the degradation of our forests and natural environment arising from
the excessive or improper cutting of trees;chanroblesvirtualawlibrary
WHEREAS, the government is prepared to prosecute to the full measures
of the law the perpetrators of such activities;chanroblesvirtualawlibrary
WHEREAS, before taking such action it is desirable to provide the said
log exporters with a final opportunity to make amends by way of
submitting a true and correct declaration of their export earnings,
repatriating such foreign exchange earnings, and paying the taxes as
herein provided.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree and order that: chanroblesvirtualawlibrary
1. Any person or entity authorized to export logs,
or is in any manner connected with the export of logs either as a
principal, agent, middleman or conduit marketing outlet, who files a
sworn statement under this Decree declaring its true and correct
foreign exchange earnings not otherwise previously reported, arising
from machinations such as outright non-reporting, misclassification of
logs, underdeclaration of actual log shipments, underpricing of price
manipulations through the use of conduit marketing outlets located here
or abroad; and covering any or all of the years within the period
beginning January 1, 1978 to December 31, 1982, shall be relieved from
any tax penalty, surcharge or increment thereto, and from civil and
criminal prosecution in accordance with pertinent laws, decrees, rules
and regulations, under the following conditions:cralaw:red
a. That such foreign exchange earnings are
repatriated and deposited with any authorized commercial bank in the
Philippines pursuant to rules and regulations to be issued by the
Governor of the Central Bank;chanroblesvirtualawlibrary
b. That the sworn statement is filed in four (4)
copies not later than March 15, 1983 with the Central Bank of the
Philippines, copy furnished the Bureau of International Revenue, and
shows the amount of foreign exchange earnings for each year;
and chanroblesvirtualawlibrary
c. That twenty-five per cent (25%) of the internal
revenue taxes, export duties and forest charges due thereon is paid
within thirty (30) days from filing of the sworn statement.
2. Any person or entity who avails of this Decree by
reporting his true and correct foreign exchange earnings not otherwise
previously reported, and complies with the foregoing conditions, shall
not be subject to any investigation or prosecution, whether civil,
criminal, or administrative, on such foreign exchange earnings for each
year covered by the sworn statement, and such statement shall not be
used as evidence, against or to the prejudice of the filer or
declarant, in any proceedings before any court of law or body, whether
judicial, quasi-judicial, or administrative, in which he is a defendant
or respondent; chanroblesvirtualawlibrary
3. The sworn statement or any information relative
thereto shall be confidential. It shall be unlawful for any official or
employee having knowledge of such statement to disclose the same or any
contents thereof to any person, except in an official capacity and for
official purposes, and any violation hereof shall subject the offender
to imprisonment of not more than five (5) years;chanroblesvirtualawlibrary
4. Any person or entity who fails to avail of this
Decree shall be subjected to a thorough investigation and criminal
prosecution or civil action for any violation of pertinent laws; and
any criminal liability arising from the offense charged cannot be
compromised;chanroblesvirtualawlibrary
5. The Governor of the Central Bank, upon
consultation with the Commissioner of Internal Revenue, shall
promulgate the regulations for the effective implementation of this
Decree within fifteen (15) days from its approval; chanroblesvirtualawlibrary
Done in the City of Manila,
this 14th day of December, in the year of Our Lord, nineteen hundred
and eighty-two.
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