Presidential Decree No. 648 (PD 648) — Amending Presidential Decree No. 551
WHEREAS, there is a need to equalize the cost of fuel among
those which are generating electric power for residential, commercial
and individual uses and those manufacturing "city gas";
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:
SECTION 1. Any provision of law or local ordinance to the
contrary notwithstanding, the franchise tax payable by all grantees of
franchises to generate, distribute and sell electric current for light,
heat and power and for the manufacture, distribution and sale of city
gas shall be two per cent (2%) of their gross receipts received from the
sale of electric current and from transactions incident to the
generation, distribution and sale of electric current and of
manufactured city gas.
Such franchise tax shall be payable to the Commissioner of Internal
Revenue or his duly authorized representative on or before the twentieth
day of the month following the end of each calendar quarter or month as
may be provided in the respective franchise or pertinent municipal
regulation and shall, any provision of the Local Tax Code or any other
law to the contrary notwithstanding, be in lieu of all taxes and
assessments of whatever nature imposed by any national or local
authority on earning, receipt, income and privilege of generation,
distribution and sale of electric current and of manufactured city gas.
SEC. 2. Tariff Heading No. 27.09 of Sec. 104 of the Tariff
and Customs Code, as amended, is hereby further amended as follows:
Tariff Heading
No.
Description of Articles
Rate of Duty
27.09
Petroleum oils and oils obtained from bituminous
minerals, crude
a.
for use as fuel oils for the generation of
electric power and for the manufacture of "city gas"
Ad Val. 10%
b.
Others
Ad Val. 20%
SEC. 3. Sec. 106 of the Tariff and Customs Code, as amended,
is further amended by inserting a new paragraph "b" and relettering
sub-paragraph (b), (c), and (d), thereof to (c), (d), and (e),
respectively, the new paragraph (b) of the said Sec. 106 to read as
follows:
"b. On Petroleum Oils and Oils Obtained from Bituminous
Minerals, Crude Eventually Used for Generation of Electric Power and for
the Manufacture of City Gas. — On petroleum oils and oils obtained
from bituminous materials, crude oils imported by non-electric utilities
sold, directly or indirectly, in the same form or after processing, to
electric utilities for the generation of electric power and for the
manufacture of city gas, a refund or tax credit shall be allowed not
exceeding fifty per cent (50%) of the duty imposed by law upon such
oils, which shall be paid or credited under such rules and regulations
as may be prescribed by the Commissioner of Customs with the approval of
the Secretary of Finance."
SEC. 4. All the savings realized by electric franchise holders
from the reduction of the franchise tax under Section 1 and Tariff
reductions and tax credits under Sections 2 and 3, shall be passed on to
the ultimate consumer. The Secretary of Finance shall promulgate rules
and regulations and devise a reporting system to carry out the
provisions of this Decree. Violation of this section or the rules and
regulations promulgated by the Secretary of Finance to implement it
shall be penalized by a fine of not more than P50,000.00 and
imprisonment of not more than six (6) months. In addition, the Secretary
of Finance may order compulsory price or rate reduction, which may be
either prospective or retroactive in application. If the offense is
committed by juridical person, the manager or person in charge of the
management of the business or affairs thereof shall be responsible
therefor.
SEC. 5. This Decree shall take effect immediately.
Done in the City of Manila, this 30th day of January, in the
year of Our Lord, nineteen hundred and seventy-five.
(Sgd.)
FERDINAND E. MARCOS
President of the Philippines
By the President:
(Sgd.)
ROBERTO V. REYES
Acting Executive Secretary
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).