WHEREAS, certain persons and entities engaged in the exports
of logs have not declared or have misdeclared their true and correct export
earnings;
WHEREAS, such irregularities have caused serious damage to
the economy and the welfare of the national community, such as through the
salting of foreign exchange abroad; the non-payment of the corresponding taxes;
and the degradation of our forests and natural environment arising from the
excessive or improper cutting of trees;
WHEREAS, the government is prepared to prosecute to the full
measures of the law the perpetrators of such activities;
WHEREAS, before taking such action it is desirable to
provide the said log exporters with a final opportunity to make amends by way of
submitting a true and correct declaration of their export earnings, repatriating
such foreign exchange earnings, and paying the taxes as herein provided;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution, do hereby
decree and order that:
- Any person or entity authorized to export logs, or is in any manner
connected with the export of logs either as a principal, agent, middleman or
conduit marketing outlet, who files a sworn statement under this Decree
declaring its true and correct foreign exchange earnings not otherwise
previously reported arising from machinations such as outright non-reporting,
misclassification of logs, underdeclaration of actual log shipments,
under-pricing of price manipulations through the use of conduit marketing
outlets located here or abroad; and covering any all of the years within the
period beginning January 1, 1978 to December 31, 1982, shall be relieved from
any tax Penalty, surcharge or increment thereto, and from any and criminal
prosecution in accordance with pertinent laws, decrees, rules and regulations,
under the following conditions:
a. That such foreign exchange earnings are repatriated and deposited with any
authorized commercial bank in the Philippines pursuant to rules and regulations
to be issued by the Governor of the Central Bank;
b. That the sworn statement is filed in four (4) copies not later than March
15, 1983 with the Central Bank of the Philippines, copy furnished the Bureau of
Internal Revenue, and shows the amount of foreign exchange earnings for each
year; and
c. That twenty-five per cent (25%) of the internal revenue taxes, export
duties and forest charges due thereon is paid within thirty (30) days from
filing of the sworn statement.
- Any person or entity who avails of this Decree by reporting his true and
correct foreign exchange earnings not otherwise previously reported, and
complies with the foregoing conditions, shall not be subject to any
investigation or prosecution, whether civil criminal, or administrative, on such
foreign exchange earnings for each year covered by the sworn statement, and such
statement shall not be used as evidence, against or to the prejudice of the
filer or declarant, in any proceeding before any court of law or 'body, whether
judicial, quasi-judicial, or administrative; in which he is a defendant or
respondent;
- The sworn statement or any information relative thereto shall be
confidential. It shall be unlawful for any official or employee having knowledge
of such statement to disclose the same or any contents thereof to any person,
except in an official capacity and for official purposes, and any violation
hereof shall subject the offender to imprisonment of not more than five (5)
years.
- Any person or entity who fails to avail of this Decree shall be subjected to
a thorough investigation and criminal prosecution or civil action for any
violation of pertinent laws; and any criminal liability arising from the offense
charged cannot be compromised.
- The Governor of the Central Bank, upon consultation with the Commissioner of
Internal Revenue, shall promulgate the regulations for the effective
implementation of this Decree within fifteen (15) days from its approval.
Done in the City of Manila, this 14th day of December, in the year of Our
Lord, nineteen hundred and eighty-two.
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(Sgd.) FERDINAND E. MARCOS President of the
Philippines |
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By the President: |
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(Sgd.) JUAN C. TUVERA |
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Presidential Executive
Assistant |