WHEREAS, Presidential Decree No.53, dated November 13, 1972,
was intended to give opportunity to importers, dealers, possessors or owners of
imported articles, commodities, items, wares or merchandise on which the taxes,
duties and other charges have not been paid or have not been correctly paid, to
legalize their purchases, possession or ownership thereof, free from any tax
liens and other government charges without fines, surcharges and penalties
incident to such tax liability; and
WHEREAS, to render more effective the foregoing objectives
without working undue hardship on or incovenience to those concerned;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Republic of the Philippines, by virtue of the powers in me vested by the
Constitution as Commander-in-Chief of all the Armed Forces of the Philippines,
and pursuant to Proclamation No. 1081, dated September 2l, 1972, and General
Order No. 1, dated September 22, 1972, as amended, whereby I have assumed
direction of the operation of the entire Government do hereby decree:
That No. 1 of Presidential Decree No. 53 is hereby amended to read as
follows:
"1. That any importer, dealer, possessor or owner in commercial quantities of
items, commodities, goods, articles or merchandise, the taxes, duties and/or
other charges on which have not been paid or not correctly paid because of
misdeclaration, misclassification, undervaluation and/or other fraudulent means
shall be relieved of any penalty, surcharge or increment incident thereto and of
any criminal liability under the National Internal Revenue Code, Customs and
Tariff Code or any other laws applicable thereto if twenty-five per centum (25%)
of the correct taxes, duties and charges due thereon are paid in full on or
before January 31, 1973, in final and complete settlement thereof, except motor
vehicles which are covered by Presidential Decree No. 52, dated November 16,
1972, as well as articles subject to specific tax, the tax on which has not been
paid and violators with pending criminal, civil and administrative
cases.
That No. 3 of the same Decree is hereby amended to read as follows:
"3. That any person, natural or juridical, who fails to settle his/its
accounts with the Government or is caught in possession of untaxed or improperly
taxed articles, goods, wares, merchandise or items in commercial quantities
after January 31, 1973, shall be immediately arrested and detained (the
principal officers in the case of juridical persons) until ordered released by
me or by my duly authorized representative, and the goods, articles,
merchandise, and other items in question shall be confiscated and the license of
the offender to operate shall be cancelled."
All laws, rules and regulations which are inconsistent herewith are amended
or modified accordingly.
The Secretary of Finance, upon the recommendation of the Commissioner of
Internal Revenue, shall issue the necessary rules and regulations to implement
this Decree.
This Decree shall take effect immediately.
Done in the City of Manila, this 11th day of December, in the year of Our
Lord, nineteen hundred and seventy-two.
(Sgd.) FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.) ALEJANDRO MELCHOR
Secretary Executive