Presidential Decree No. 1205 (PD 1205) — Further Amending Presidential Decree No. 1183 Entitled "Amending and Consolidating the Provisions on Travel Tax of Republic Act No. 1478 as Amended and Republic Act No. 6141, Prescribing the Manner of Collection Thereof, Providing Penalties for Violation Thereof, and for Other Purposes."
WHEREAS, it is the policy of the Government to remove the
unnecessary barriers to travel and simplify travel regulations;
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 the amendment of Presidential Decree No. 1183 as follows:
SECTION 1. Section 1 of PD 1183 is hereby amended to read as
follows:
"SECTION 1. There is hereby imposed, in lieu of the travel
taxes levied under Section three of Republic Act No. 1478, as amended, and
Section six of Republic Act No. 6141, a travel tax from: (a) all citizens of the
Philippines; (b) permanent resident aliens; and (c) non-immigrant aliens who
have stayed in the Philippines for more than one (1) year who are leaving the
country, irrespective of the place of issuance of ticket and the form and place
of payment. A travel tax of P1,000 shall be imposed on passengers travelling
under first class passage and P600 for those travelling under economy class
passage: Provided, however, That a reduced rate of P400 for first class passage
and P300 for economy class passage as provided for under Republic Act Nos. 1478
and 6141 shall be imposed on those enumerated under Sec. 2-A of the Decree.
"The above rates may be amended from time to time upon recommendation of the
Secretary of Tourism, to take effect upon approval by the
President."
SEC. 2. Section 2 is hereby amended to read as follows:
"SEC. 2. The following shall be exempted from the payment of
the travel tax imposed under Section one of this Decree by securing a Travel Tax
Exemption Certificate from the Philippine Tourism Authority:
"a) Officials and employees of the Philippine Government or any of its
departments, bureaus and instrumentalities travelling on official business;
"b) Persons whose fares are paid out of Philippine Government funds;
"c) Foreign diplomatic and consular officials and members of their staff who
are duly accredited to the Republic of the Philippines including the immediate
members of their families and household domestics whose entry as such has been
authorized by the Philippine Government;
"d) Officials, consultants, experts and employees of the United Nations
organization and of its agencies, and those exempted under existing laws,
treaties and international agreements;
"e) Personnel of multi-national companies with regional headquarters at, but
not engaged in business in the Philippines, and their dependents if joining them
during the period of their assignment in the Philippines as certified to by the
Department of Trade;
"f) Crew members of ships and airplanes plying international routes who are
leaving the country to join their vessels or airplane or to assume their
positions therein;
"g) Filipino citizens who are permanent residents of foreign countries who
have stayed in the Philippines for a period of not more than one (1) year;
"h) Bona-fide students whose studies have been approved by the NEDA
Scholarship Committee and foreign students whose studios in the country is
financed by their government or by an international organization.
"i) Infants who are two years old or less;
"j) Scientists and experts of any nationality invited by the Philippine
Government in the interest of science and technology;
"k) Destitutes certified to by the Department of Social Services &
Development as such needing medical treatment not available in the Philippines
as certified to by the Department of Health, and whose fares are paid for by
private individuals, charitable institutions and organizations ;
"l) Those authorized by the President of the Philippines for reasons of
national interest."
SEC. 3. A new Section, referred to as Section 2-A is hereby
inserted to read as follow:
"SEC. 2-A. Unless otherwise exempted under Sec. 2 above, a
reduced rate of P400 for first class passage and P300 for economy class passage
shall be imposed on the following:
"a) Contract workers, their spouses and dependents 21 years of age or below,
with approved employment contracts and duly certified by the Department of
Labor;
"b) Filipino journalists duly accredited by the Secretary of Public
Information whose travel is in pursuit of journalistic assignments, as certified
to by their editors;
"c) Officials and employees of government-owned and controlled corporations
travelling on official business;
"d) Members of government-organized economic, trade, tourism and cultural
missions and/or exhibits as certified to by the Department concerned;
"e) Individuals who are twelve years old or below but over 2 years of age;
"f) Persons travelling for the first time as emigrants and possessing valid
emigrant visas;
"g) Those travelling under steerage class;
"h) Officials and employees of travel operators, airline and shipping
companies travelling on non-revenue tickets, discounted tickets and tickets with
service fees as part of their employment contracts;
"i) Spouses and dependents of airline and shipping personnel travelling on
non-revenue tickets as part of their spouses' employment contracts;
"j) Recipients of awards and grants from foreign governments, institutions
and organization as certified to by the NEDA;
"k) Those authorized by the President of the Philippines for reasons of
national interest."
SEC. 4. Section 3 is hereby amended to read as follows:
"SEC. 3. Persons travelling on non-revenue tickets shall,
unless otherwise exempted herein, pay the travel tax provided for under Section
One hereof based on the classification of their non-revenue tickets, except
officials of travel operators, airline and shipping companies travelling on
official company business:
"Provided, however, That for the purposes of exemption, discounted tickets
and tickets with service fees shall not be considered non-revenue
tickets."
SEC. 5. Section 4 is hereby amended to read as follows:
"SEC. 4. The travel tax shall be collected by the carriers
or their agents issuing the tickets and the carriers shall remit their
collections to the Philippine Tourism Authority.
"In case of travels wherein no passenger tickets are issued or in the case of
chartered flights and shipping agreements the charterer shall collect travel
taxes due and shall remit the same to the carrier who shall be responsible for
the remittance thereof to the Philippine Tourism Authority: Provided, however,
That in case of non-commercial carriers or private air crafts, remittances of
collections and submission of reports to the Philippine Tourism Authority shall
be the responsibility of the charterer or the owner of the private
aircraft."
SEC. 6. A new Section, Section 4-A, is hereby inserted after
SEC. 7. Section 5 of P.D. 1183 is hereby repealed and no tax
clearance shall be required for purposes of travel.
SEC. 8. Section 6 is hereby amended to read as follows:
"SEC. 6. The Secretary of Tourism, in his capacity as.
Chairman of the Board, Philippine Tourism Authority, shall have the power to
promulgate rules and regulations and to impose fines and sur-charges to carry
out the provisions of this Decree and for the effective collection of the tax
imposed herein."
SEC. 9. All acts, decrees, executive orders, administrative
orders, rules and regulations or parts thereof inconsistent with the provisions
of this Decree are hereby repealed or modified accordingly.
SEC. 10. This Decree shall take effect fifteen days after
approval.
Done in the City of Manila, this 3rd day of October, in the year of Our Lord,
nineteen hundred and seventy-seven.
(Sgd.) FERDINAND E. MARCOS
President of the
Philippines
By the President:
(Sgd.) JACOBO C. CLAVE
Presidential Executive
Assistant
Section 4 to read as follows:
"SEC. 4-A. Verification and examination of the books of
accounts and other records of the carriers, charterers and travel agencies or
their representatives, in connection with travel tax collections, shall be as
provided for by existing laws."
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).