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MOP, BK 4, v.4,5,6, 101
[ EXECUTIVE ORDER NO. 62, August 14, 1945 ]
FIXING THE OFFICIAL MARKUPS FOR WHOLESALERS AND RETAILERS OF CERTAIN COMMODITIES IN ORDER TO DETERMINE THE CEILING PRICES.
WHEREAS, it is necessary, because of the present emergency, that official markups for wholesalers and retailers of certain commodities be fixed in order to prevent excessive profits to accrue to dealers of said commodities thus establishing their ceiling prices at reasonable levels;
NOW, THEREFORE, I, SERGIO OSMEÑA, President of the Philippines, by virtue of the powers vested in me by the Constitution and laws of the Philippines, particularly Commonwealth Act No. 671, do hereby order:
1. The following are the retailer’s ceiling prices computed in accordance with the official markups prescribed in section 2 of this Order:
2. The following are the wholesaler’s and retailer’s markups for the fixing of the ceiling prices of the commodities hereunder listed:
3. The ceiling prices for the wholesalers shall be the landed cost of any specific commodity plus a margin of profit not exceeding the corresponding markup specified in the preceding section. "Landed cost" consists of the CIF Manila or port of landing value plus such charges as arrastre, discharge, and delivery to the bodega.
4. The ceiling price for the retailers shall be wholesalers’ invoice price plus expenses of retailers in transporting the goods from the point where wholesalers’ bodega is located to that where sale is effected, and a margin of profit not exceeding the corresponding markup specified in section 2.
5. In cases where a wholesaler sells any commodity direct to an industrial consumer, he shall be entitled only to the wholesaler’s markup. In cases where a wholesaler also performs the function of a retailer, the wholesaler may be entitled to both the wholesaler’s and retailer’s markups.
6. For all points outside of the City of Manila or outside of the territorial jurisdiction of the port of landing, the ceiling prices specified in section 1 may be increased by an amount per unit that equals the exact amount of additional transportation expenses at government fixed rates, if any, or, if none, at the cheapest rate available, and other necessary or unavoidable expenses incurred or to be incurred by, the retailer in taking the goods to the place of re-sale.
7. Sales made by units of measure other than those specified in section 1 may be presumed to have been made at prices exceeding the fixed ceiling prices, and such presumption may be overthrown only by proofs presented by the vendor showing that the prices charged do not exceed the fixed ceiling prices.
8. Any vendor and/or owner or manager of any store, firm, or establishment making sale of any article, commodity or merchandise included in the above list, at prices above the ceiling prices specified in this Order or in excess of such maximum selling prices as may be fixed in accordance with sections 1 and 2 hereof, or withholding the sale of any article, commodity or merchandise for purposes of speculation and profiteering shall, upon conviction, be punished by imprisonment of not less than fifteen days but not more than six months, or a fine of not less than fifty but not more than one thousand pesos, or both imprisonment and fine in the discretion of the Court.
9. All Executive Orders and all Emergency Control Administration Orders or any of the provisions thereof which are in conflict or inconsistent with this Order or any of its provisions are hereby repealed.
10. This Executive Order shall take effect two days after the date of its promulgation. Done at the City of Manila, this 14th day of August, in the year of Our Lord, nineteen hundred and forty-five, and of the Commonwealth of the Philippines, the tenth.
By the President:
(Sgd.) JOSE S. REYES
Secretary to the President
NOW, THEREFORE, I, SERGIO OSMEÑA, President of the Philippines, by virtue of the powers vested in me by the Constitution and laws of the Philippines, particularly Commonwealth Act No. 671, do hereby order:
1. The following are the retailer’s ceiling prices computed in accordance with the official markups prescribed in section 2 of this Order:
| (1) | Alcohol, 185 proof | P1.00 per liter plus specific tax |
| (2) | Bread, per American loaf of one 1b per loaf Pan de sal, per piece of 40 gram | .60 per loaf .05 per piece |
| (3) | Canned Meat: | |
| Corned Beef, per 16 oz. tin Spam, per 12 oz. tin Stew (Meat and Vegetables), per 16 oz. tin | .56 per tin .96 per tin .60 per tin | |
| (4) | Cracked Corn | 12.85 per cavan .56 per ganta |
| (5) | Cracked Wheat | 16.56 per cavan .72 per ganta |
| (6) | Wheat Flour | .27 per kilo |
| (7) | Canned Milk: Condensed, per 14 oz. tin Evaporated, per 14 oz. tin | |
| .52 per tin .33 per tin | ||
| (8) | Canned Pork and Beans, per 16 oz. tin | .44 per tin |
| (9) | Salt (refined salt) | 10.70 per cavan .10 per kilo |
| (10) | Canned Sardines: Natural, per 15 oz. tin In tomato sauce, per 15 oz. tin | |
| .30 per tin .34 per tin | ||
| (11) | Sugar-Refined U. S. Centrifugal Muscovado | .55 per kilo |
| .50 per kilo | ||
| .40 per kilo |
2. The following are the wholesaler’s and retailer’s markups for the fixing of the ceiling prices of the commodities hereunder listed:
Commodity | Wholesaler’s markup above landed cost | Retailer’s markup above wholesaler’s price |
| (1) Bulk Food | 10% | 15% |
| (2) Canned Milk | 10% | 15% |
| (3) Canned Meat or Fish | 10% | 20% |
| (4) Canned Vegetables or Fruit | 15% | 25% |
| (5) Bread or Pan de sal | — | 25% |
| (6) other food | 15% | 25% |
| (7) Steel and Iron, heavy; Building Materials | 15% | 20% |
| (8) Hardware, Nails, Wire, Tools | 15% | 25% |
| (9) Plumbing and Electrical Fixtures | 20% | 25% |
| (10) Textiles | 15% | 25% |
| (11). Clothing, old or new Shoes | 20% | 30% |
| (12) Drugs and Medical Supplies | 20% | 30% |
| (13) Industrial Chemicals | 15% | — |
| (14) Medical Equipment | 20% | 30% |
| (15) Liquor | 25% | 25% |
| (16) Jewelry, Novelties, Toys | 40% | 60% |
| (17) Tobacco Products | 15% | 20% |
| (18) Miscellaneous Building Materials | 15% | 25% |
| (19) Paper Products, Stationary and Alcohol Supplies | 20% | 25% |
| (20) Newsprint | 15% | — |
| (21) Machinery, Industrial and Office | 15% | 20% |
| (22) Automobiles, Trucks and Automotive Equipments and Parts | 20% | 30% |
| (23) Philippine-made Handicraft Articles | 20% | 30% |
| (24) All other products not specifically mentioned | 20% | 15-30% |
4. The ceiling price for the retailers shall be wholesalers’ invoice price plus expenses of retailers in transporting the goods from the point where wholesalers’ bodega is located to that where sale is effected, and a margin of profit not exceeding the corresponding markup specified in section 2.
5. In cases where a wholesaler sells any commodity direct to an industrial consumer, he shall be entitled only to the wholesaler’s markup. In cases where a wholesaler also performs the function of a retailer, the wholesaler may be entitled to both the wholesaler’s and retailer’s markups.
6. For all points outside of the City of Manila or outside of the territorial jurisdiction of the port of landing, the ceiling prices specified in section 1 may be increased by an amount per unit that equals the exact amount of additional transportation expenses at government fixed rates, if any, or, if none, at the cheapest rate available, and other necessary or unavoidable expenses incurred or to be incurred by, the retailer in taking the goods to the place of re-sale.
7. Sales made by units of measure other than those specified in section 1 may be presumed to have been made at prices exceeding the fixed ceiling prices, and such presumption may be overthrown only by proofs presented by the vendor showing that the prices charged do not exceed the fixed ceiling prices.
8. Any vendor and/or owner or manager of any store, firm, or establishment making sale of any article, commodity or merchandise included in the above list, at prices above the ceiling prices specified in this Order or in excess of such maximum selling prices as may be fixed in accordance with sections 1 and 2 hereof, or withholding the sale of any article, commodity or merchandise for purposes of speculation and profiteering shall, upon conviction, be punished by imprisonment of not less than fifteen days but not more than six months, or a fine of not less than fifty but not more than one thousand pesos, or both imprisonment and fine in the discretion of the Court.
9. All Executive Orders and all Emergency Control Administration Orders or any of the provisions thereof which are in conflict or inconsistent with this Order or any of its provisions are hereby repealed.
10. This Executive Order shall take effect two days after the date of its promulgation. Done at the City of Manila, this 14th day of August, in the year of Our Lord, nineteen hundred and forty-five, and of the Commonwealth of the Philippines, the tenth.
(Sgd.) SERGIO OSMEÑA
President of the Philippines
President of the Philippines
By the President:
(Sgd.) JOSE S. REYES
Secretary to the President