[ PRESIDENTIAL DECREE NO. 52, November 16, 1972 ]
PROCLAIMING A TAX AMNESTY FOR UNTAXED MOTOR VEHICLES SUBJECT TO CERTAIN CONDITIONS
WHEREAS, only a few, if any, of the owners or possessors thereof will be able to pay the correct duties and taxes on these motor vehicles for the reason that under the present rates and system of computation the correct duties and taxes will exceed the present market value of the vehicles such that the strict enforcement of the existing pertinent laws will have a confiscatory effect against personal property which may have been acquired in good faith;
WHEREAS, it is the policy of the Government to encourage the payment of the duties and taxes due thereon and put a stop to graft and corruption in the different revenue collection and enforcement agencies of the Government brought about by the existence of this so-called "hot car " racket;
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 21, 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 and order that:
- A fifty percent (50%) and a seventy percent (70%) across the board
deduction be allowed on the duties and taxes collectible by the
Government on vehicles transferred from tax-exempt persons/entities to
non-tax exempt persons/entities, or such vehicles where the correct
taxes and duties have, not been collected, depending upon the year
models of such vehicles and under the following mechanics:
The Bureau of Customs shall:
- Compute the correct duties and taxes on these vehicles based on the present rates of duty and tax and the current conversion rate of foreign exchange;
- Reduce the total amounts of taxes arrived at by 50% for vehicles with year models 1970 to 1972 and 70% for year models 1969 and below;
- Deduct whatever duties and taxes might have been originally paid on these vehicles, upon presentation of evidence of payment to be verified by the Bureau of Customs;
- Collect the balances still due the Government as duties and taxes on these vehicles;
- The current year (1972) shall be considered as the date of the first sale or transfer for purposes of assessment of the customs duty and compensating tax;
- If the amount of duty and tax still found due would exceed
five thousand pesos (P5,000) the owner may pay the same in two (2) equal
installments, the second installment to be paid not later than March
31, 1973, otherwise the motor vehicle shall be subject to outright
forfeiture in favor of the Government with prejudice to refund of duty
and tax previously paid.
- This tax amnesty shall apply only to vehicles which have been acquired or transferred prior to October 12, 1972.
- The tax amnesty shall be effective only up to December 31, 1972.
- After the duty and tax shall have been paid pursuant to this Decree the taxpayer shall be cleared of all criminal responsibility by reason of non-payment of the correct duty and tax on such motor vehicles.
The Department of Finance shall promulgate the rules and regulations for the effective implementation of this Decree.
Done in the City of Manila,, this 16th day of November, in the year of Our Lord, nineteen hundred and seventy-two.
(Sgd.) FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.) RONALD B. ZAMORA
Assistant Executive Secretary