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PRESIDENTIAL DECREE NO. 436
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PRESIDENTIAL DECREE NO. 436
- INCREASING THE SPECIFIC TAX ON LUBRICATING OILS, GASOLINE, BUNKER
FUEL OIL, DIESEL FUEL OIL, AND OTHER SIMILAR PETROLEUM PRODUCTS LEVIED
UNDER SectionS 142, 144 AND 145 OF THE NATIONAL INTERNAL REVENUE CODE,
AS AMENDED, AND GRANTING PROVINCES, CITIES AND MUNICIPALITIES CERTAIN
SHARES IN THE SPECIFIC TAX ON SUCH PRODUCTS
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chanroblesvirtualawlibrary
WHEREAS, in
order to accelerate the prosecution of nation-wide infrastructure
programs the local governments must participate more actively and to a
greater extent;chanroblesvirtualawlibrary
WHEREAS, local government revenues are found to be inadequate for
purposes of financing the maintenance and repair of existing roads or
bridges, as well as new construction and improvement projects;chanroblesvirtualawlibrary
WHEREAS, it is the policy to provide the local governments with
sufficient resources in areas of governmental operations that cannot be
supported by local funds;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
decree, order and make as part of the law of the land:cralaw:red
Section 1. Sections 142, 144, and 145 of the National
Internal Revenue Code as amended are hereby further amended to read as
follows:cralaw:red
"Sec. 142. Specific tax on manufactured oils and
other fuels. — On refined and manufactured mineral oils and motor
fuels, there shall be collected the following taxes;chanroblesvirtualawlibrary
xxx
xxx
xxx
(b) Lubricating oils, per liter of volume capacity,
fifty centavos;chanroblesvirtualawlibrary
(c) Naphtha, gasoline and all other similar products
of distillation, per liter of volume capacity, twenty-nine centavos.
xxx
xxx
xxx
"Sec. 144. Specific tax on bunker oil fuel. — On fuel
oil, commercially known as bunker fuel oil, and all similar fuel oils,
having more or less the same generating power, there shall be
collected, per liter of volume capacity, one and one-half centavos."
"Sec. 145. Specific tax on diesel fuel oil. — On fuel
oil, commercially known as diesel fuel oil, and on all similar fuel
oils, having more or less the same generating power, per liter of
volume capacity, ten and one-half centavos."
Section 2. In addition to the internal revenue
allotments under Presidential Decree No. 144 and the highway special
fund allotments under Republic Act No. 917, as amended by Presidential
Decree No. 17, and further amended by Presidential Decree Nos. 130 and
320, provinces, cities and municipalities shall share in the specific
taxes on the following petroleum products in such amounts as may be
equivalent to the collections therefrom at the rates indicated
hereunder:cralaw:red
(a) Lubricating oils, per liter of volume capacity —
twenty centavos;chanroblesvirtualawlibrary
(b) Naphtha, gasoline and all other similar products
of distillation, per liter of volume capacity — four centavos;chanroblesvirtualawlibrary
(c) On bunker fuel oil, and on all similar fuel oils,
having more or less the same generating power, per liter of volume
capacity — one-half centavo;chanroblesvirtualawlibrary
(d) On diesel fuel oil, and on all similar fuel oils,
having more or less the same generating power, per liter of volume
capacity — one-half centavo.
The additional allotment is in lieu of local taxes imposed on petroleum
products and for this purpose, Section 24 of Presidential Decree No.
231, otherwise known as the Local Tax Code, has been repealed by
Presidential Decree No. 426 on March 30, 1974.
Section 3. The share of provinces, cities and
municipalities shall be allotted on the basis of the collections in
specific taxes during the second fiscal year immediately preceding the
current fiscal year in the following proportions:cralaw:red
20% of total shares to provinces
30% of total share to municipalities
50% of total shares to chartered cities
Section 4. The allotment of each province, city and
municipality shall be determined on the basis of the following formula:cralaw:red
Seventy per cent (70%) — Population
Twenty per cent (20%) — Land Area
Ten per cent (10%) — Equal Sharing
Section 5. The shares of provinces, cities and
municipalities shall accrue entirely their respective Road and Bridge
Funds.
Section 6. The Secretary of Finance shall issue the
necessary rules and regulations for the prompt and effective
implementation of this decree.
Section 7. All laws or parts of laws inconsistent
herewith are hereby revoked or modified accordingly.
Section 8. This decree shall take effect on April 16,
1974.
DONE in the City of Manila,
this 13th day of April, in the year of Our Lord, nineteen hundred and
seventy-four.
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