Presidential Decree No. 1362 (PD 1362) — 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.
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. 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.
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.
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.
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.
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.
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.
SEC. 7. The Secretary of Finance shall prescribe such rules
and regulations as may be necessary for the proper implementation of this
decree.
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
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
