ALLOWING RADIO BROADCASTING AND TELEVISION STATIONS TO IMPORT RADIO OR TELEVISION EQUIPMENT, SPARE PARTS AND ALLIED TECHNICAL AND PROGRAM MATERIALS TO BE USED EXCLUSIVELY IN THEIR BROADCAST OPERATIONS SUBJECT TO CERTAIN CONDITIONS.

• Number: Presidential Decree No. 1362
• Sections: 9

Preamble

WHEREAS, broadcasting is one of the most effective means for

dissemination of information;

WHEREAS, the implementation of many government projects is

facilitated through the use of broadcast media;

WHEREAS, the contribution of the broadcast media to national

development effort could be greatly enhanced by developing the capability of the

broadcast industry as a whole;

WHEREAS, there is a need to upgrade the facilities of the

broadcast media;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Republic of the Philippines, by virtue of the powers vested in me by the

Constitution, do hereby decree:

Section 1

SECTION 1. Any provision of law to the contrary

notwithstanding, the Department of Public Information may enter into a contract

or contracts with any radio broadcasting or television station authorized to

operate in the Philippines for the use by the Government of the radio or

television time and/or other facilities of the latter upon such terms and

conditions as may be just and equitable under the circumstances.

Section 2

SEC. 2. On the basis of the approved contract or contracts,

the radio broadcasting or television station concerned may, upon compliance with

the requirements provided for herein, be allowed to import and remove from

Customs custody radio or television equipment, spare parts and allied technical

and program materials which are directly and actually needed and will be used

exclusively by the said importer in their broadcast operation without prepayment

of customs duty and compensating tax: Provided, However, That this

privilege shall not be granted if the imported articles are locally produced and

are available in sufficient quantity and comparable quality and price as

certified by the National Economic and Development Authority.

Section 3

SEC. 3. The value of the radio or television tine or other

facilities used by the Government pursuant to the contract herein authorized

shall be credited in favor of the private radio or television station concerned

and set off against whatever customs duty and compensating tax said station

should have paid but did not, on account of the privilege herein granted

conditionally exempting it from the prepayment of customs duties and taxes.

Section 4

SEC. 4. A radio broadcasting or television station desiring

to avail of the privilege provided for in this decree shall, before importing

the articles, file an application with the Secretary of Finance for authority to

avail of such privilege, which shall be accompanied by a certification of the

manager or officer-in-charge of the station concerned that the equipment, spare

parts and/or allied technical and program materials to be imported by the

station are necessary in its broadcast operations and will be used exclusively

by the said station, and by such other relevant documents as may be prescribed

by regulations.

Section 5

SEC. 5. Upon being satisfied that the importer of the

articles is entitled to the privilege provided for in this decree, the Secretary

of Finance shall authorized the Commissioner of Customs to release the imported

articles without the prepayment of customs duty and compensating tax due

thereon. However, before releasing the articles from Customs custody, the

Commissioner of Customs shall determine the customs duty and compensating tax

due on the imported articles and issue an assessment-letter to the station

concerned, informing it of the amount due from it as customs duty and

compensating tax, which shall be paid in the manner provided for in his

decree.

Section 6

SEC. 6. The customs duty and compensating tax due on the

imported articles released from Customs custody without prepayment thereof shall

constitute a lien on the imported articles so released, and said articles shall

not be disposed of unless the customs duty and compensating tax due thereon have

been paid in full in accordance with the provision of this decree and such

disposition has been approved by the Secretary of Finance.

Section 7

SEC. 7. The Secretary of Finance shall prescribe such rules

and regulations as may be necessary for the proper implementation of this

decree.

Section 8

SEC. 8. This decree shall take effect upon its approval.

Done in the City of Manila, this 27th day of March, 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