Presidential Decree No. 1352 (PD 1352) — Imposing a Five Percent Customs Duty and Five Percent Internal Revenue Tax in Lieu of the Duty And/Or Tax-Free Importation Privilege.
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;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution, do hereby
decree:
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 taxes imposed under this section shall
not apply to the following importations:
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;
Those which are exempt under Section 17 of Presidential Decree No. 66;
Those which are exempt under Section 12 of Presidential Decree No. 87;
Those which are exempt under Presidential Decree No. 215;
Those which are exempt under Section 1 of Presidential Decree No. 292;
Those which are exempt under Presidential Decree No. 529;
Those which are exempt under Section 15 of Presidential Decree 572;
Those which are exempt under Presidential Decree No. 604;
Those which are exempt under Presidential Decree No. 666;
Those which are exempt under Section 76 of Presidential Decree No. 768;
Those which are exempt under Presidential Decree No. 783;
Those which are exempt under Presidential Decree No. 972; and
Those which are exempt under Section 18 of Republic Act No. 6234.
SEC. 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 No. 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 No. 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.
SEC. 3. All pertinent provisions of special charters
granting franchises 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.
SEC. 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.
SEC. 5. This Decree shall take effect immediately.
DONE in the City of Manila, this 21st day of April, in the year of Our Lord,
nineteen hundred and seventy-eight.
(Sgd.) FERDINAND E. MARCOS
President of the
Philippines
By the President:
(Sgd.) JACOBO C. CLAVE
Presidential Executive
Assistant
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).