[ PRESIDENTIAL DECREE NO. 1258-A, November 25, 1977 ]
AMENDING CERTAIN SECTIONS OF THE REVISED TARIFF AND CUSTOMS CODE.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree raid order:
SECTION 1. Heading No. 56.02, Chapter 56 of the Revised Tariff and Customs Code of the Philippines, as amended by Presidential Decree No. 34, is hereby further amended to read as follows:
"56.02 Continuous filament tow for the manufacture of man-made fibres (discontinuous):
A. Articles not included in subheadings B and C hereof ad. val. — 10% B. Acetate tow and similar continuous filament tow when imported directly by cigarette filter rod manufacturers ad. val. — 20% C. Polyester filament tow, except when imparted directly by textile spinning mills under prior joint authorization of the Tariff Commission and the Board of Investments ad. val. — 30%
SEC. 2. Section 105 of the Revised Tariff and Customs Code, as amened, is hereby further amended to include the following Provisions:
"(w) Spare parts of vessels or aircraft of foreign registry engaged in foreign trade when brought into the Philippines exclusively as replacements or for the emergency repair thereof, upon proof satisfactory to the Collector of Customs that such spare parts shall be utilized to secure the safety, sea-worthiness or air-worthiness of the vessel or aircraft, to enable it to continue its voyage or flight."
"(x) Articles of easy identification exported from the Philippines for repair and subsequently re-imported, upon proof satisfactory to the Collector of Customs that such article is not capable of being repaired locally: Provided, that the cost of the repairs made to any such article shall pay a rate of duty of thirty per cent ad valorem."
"(y) Trailer chassis when imported by shipping companies for their exclusive use in handling containerized cargo, upon posting a. bond in an amount equal to one and one half times the ascertained duties, taxes and other charges due thereon to cover a period of one year from the date of acceptance of the entry, which period for meritorious reasons may be extended by the Commissioner of Customs for another year, subject to the following conditions:
- That they shall be properly identified and registered with the Land Transportation Commission;
- That they shall be subject to customs supervision fee to be fired by the Collector of Customs and subject to the approval of the Commissioner of Customs;
- That they shall be deposited in the customs zone when not in use; and
- That upon the expiration of the period prescribed above, duties and taxes shall be paid, unless otherwise re-exported."
SEC. 3. Sections 1908, 2517, 2518, 2520, 2521 and 2603 of the Revised Tariff and Customs Cede, as amended, are hereby further amended as follows:
"SECTION 1908. — Limit to Period of Storage in Bonded Warehouse. — Articles duly entered for warehousing may remain in bonded warehouses for a maximum period of one year from the time of arrival at the port of entry. Articles not withdrawn at the expiration of the prescribed period shall be sold at public auction by the Collector."
"SECTION 2517. — Unlading of Cargo Before Arrival at Port of Destination. — If, upon the arrival within the limits of any collection district of the Philippines of any vessel or aircraft engaged in foreign trade, the master or pilot in command thereof permits any part of the cargo to be unladen before her arrival at her port of destination, and without authority from a proper customs official, such vessel or aircraft shall be fined a sum not loss than thirty thousand pesos (P30,000) but not exceeding one hundred thousand (P100,000.00) pesos, provided that no fine shall accrue upon satisfactory proof to the propel' collector that the unlading was rendered necessary by stress of weather, accident or other necessity.
"SECTION 2518. — Unlading of Cargo at Improper Tine nr Place After Arrival. — Any vessel or aircraft, which after arrival at her port of destination in the Philippines, discharges cargo at any time or place other than that designated by the Collector shall be fined in a sun not less than thirty thousand pesos (P30,000) and not exceeding one hundred thousand (P100,000.00) pesos provided that no fine shall accrue upon satisfactory proof to the proper collector that the unlading was rendered necessary by stress of weather, accident or other necessity."
"SECTION 2520. — Bringing of Unmanifested arms, Explosives on War Equipment. — Any vessel or aircraft arriving at a port in the Philippines, having firearms, gunpowder, cartridges, dynamite or any other explosives, munitions, or equipments of war concealed on board his vessel or not contained in the manifest of the vessel or aircraft, shall be fined a sum not less than thirty thousand pesos (P30,000) but not exceeding one hundred thousand (P100,000.00) pesos."
"SECTION 2521. — Failure to Supply Requisite Manifests. — If any vessel or aircraft enters or departs from a port of entry without submitting the proper manifests to the customs authorities, or shall enter or depart conveying unmanifested cargo other than as stated in the next preceding section hereof, such vessel or aircraft shall be fined an amount not less than ten thousand pesos (P10,000.00) but not exceeding thirty thousand (P30,000.00) pesos.
"The same fine shall be imposed upon any arriving or departing vessel or aircraft if the master or pilot in command shall fail to deliver or nail to the Commission on Audit a true copy of the manifest of the incoming or outgoing cargo, as required by law."
"SECTION 2603. — Mode of Sale. — In the absence of any special provision, subject to the provisions of Section 2601 above provided, property subject to sale by the customs authorities shall be old at public auction within thirty (30) days after ten (10) days notice of such sale shall have been conspicuously posted at the pert and such other advertisement as may appear to the Collector to be advisable in the particular case."
SEC. 4. All laws, decrees, orders rules and regulations or parts thereof inconsistent with any of the provisions of this Decree are hereby repealed or modified accordingly.
SEC. 5. This Decree shall take effect upon approval.
DONE in the City of Manila, this 25th day of November, in the year of Our Lord, Nineteen hundred and seventy-seven.
(Sgd.) FERDINAND E. MARCOS
President of the Philippines
By the President:
(Sgd.) JUAN C. TUVERA Presidential Assistant