PHIVIDEC Industrial Authority

March 19, 2004 FIRB RESOLUTION NO. 002-04 WHEREAS, the PHIVIDEC Industrial Authority (PIA) was granted tax subsidy in the amount of P153 million only , representing the taxes and duties on its importations of construction materials and equipment only excluding motor vehicles and for the exclusive use of the Mindanao Container Terminal Project (MCTP) for the year 2003 pursuant to FIRB Resolution No. 2-03 (August 14, 2003); WHEREAS, the PIA was issued Certificate of Entitlement to Subsidy (CES) Nos. 0292 (August 14, 2003) and 0307 (December 22, 2003) in the amounts of P16,521,692.00 and P111,819,961.00, respectively; WHEREAS, CES No. 0292 was fully utilized by the PIA, CES No. 0307 was not on account of the cut-off date prescribed by the Department of Budget and Management; WHEREAS, the 2003 General Appropriations Act was reenacted which entitle the PIA to tax subsidy under Section 13 thereof, WHEREAS, the non-utilization of the said CES would result in undue financial difficulty on the part of the PIA; WHEREAS, there is also a need to ensure that all importations covered by this tax subsidy grant will be used exclusively for the MCTP and not for other purposes; NOW THEREFORE BE IT RESOLVED, AS IT IS HEREBY RESOLVED, to renew the tax subsidy of the PIA granted under FIRB Resolution No. 2-03 in the amount of P116,501,621.00 only per Annex A, hereof Provided however , That CES No. 0307 dated December 22, 2003 is hereby cancelled and in lieu thereof a new CES is issued to the PIA: Provided further , that all materials and equipment for which tax subsidy is granted shall form part of the regular inventory of the PIA (in the case of materials and movable equipment) and/or be located in their designated project stations/operating areas (in the case of immovable equipment) as certified to by the resident Commission on Audit (COA) auditor of the PIA and its Project Station/Operating Area Manager, respectively; Provided, finally , that the grant of such subsidy shall be in accordance with the terms and conditions of Section 13 of the 2003 General Appropriations Act, as reenacted, subject to the availability of funds therefor, pursuant to the terms and conditions of the Rules and Regulations to Implement the Subsidy Provision Under Executive Order No. 93. TEHIaD (SGD.) GIL P. MONTALBO (SGD.) GREGORY L. DOMINGO Director Undersecretary Department of Budget and Management Department of Trade and Industry (SGD.) MARGARITA R. SONGCO (SGD.) JOSE MARIO C. BUNAG Assistant Director-General Deputy Director National Economic and Development Bureau of Internal Revenue Authority (SGD.) GIL A. VALERA (SGD.) LINA D. ISORENA Deputy Commissioner Executive Director Bureau of Customs Head, FIRB Secretariat National Tax Research Center (SGD.) NIEVES L. OSORIO Undersecretary of Finance Presiding Officer FIRB ANNEX A LIST OF PIA's IMPORTATIONS WITH BOC BILLINGS Item Description Date of Customs VAT Total Number Arrival Duty 28 Fender with other Accessories 5/22/03 44 3 pckgs. STS 12 sets Jetty Light, 06/25/03 252,609.00 114,234.00 366,843.00 * Solar Panel and Rechargeable with LED and all Accessories 77 1 Lot STC: Fire Alarm and 7/9/03 Detection System 58,59,60 164 Sets Sanitary Fixtures 7/4/03 998,681.00 767,153.00 1,765,834.00 ** 15,16,17,18 94 Sets Sanitary fixtures 7/4/03 203,972.00 157,092.00 361,064.00 *** 36 1x20' CNTR STC: 42 pckgs Switch 7/4/03 633,501.00 1,332,873.00 1,966,374.00 Gear (Components) 14,20 69 Sets Sanitary Fixtures 7/4/03 15,656.00 12,585.00 28,241.00 82 Chlorinator 7/31/03 3,414.00 35,110.00 38,524.00 57 Accessories for rubber tired gantry 7/31/03 92,701.00 195,572.00 288,273.00 crane 61 Access for 12mm/18mm High Mast 8/21/03 89.00 1,084.00 1,173.00 Pole 56 2 Quay side Crane w/ accessories 8/21/03 6,426,000.00 65,007,909.00 71,433,909.00 (49 pkgs) 57 2 RTG Crane w/ accessories 8/21/03 1,134,083.00 11,474,144.00 12,608,227.00 (22 pkgs) 39 12 sets Traffic Light 9/3/03 9,616.00 33,640.00 43,256.00 25 CCTV SYSTEM (partial) 9/3/03 34,045.00 38,073.00 72,118.00 83 Lockset/Door Closet 9/3/03 5,954.00 21,026.00 26,980.00 71 Jeil Metal Ceiling Systems 9/3/03 783,681.00 1,648,696.00 2,432,377.00 (1200pkgs) 35A Transformers, 5000kva 9/3/03 53,906.00 545,924.00 599,830.00 73 Power Transformers 9/8/03 430,737.00 660,170.00 1,090,907.00 (switch gear) 25 CCTV SYSTEM 9/8/03 25,669.00 88,870.00 114,539.00 85 Preformed Expansion Joint Filler 9/8/03 22,099.00 47,049.00 69,148.00 3 Fire Hydrant 9/18/03 67,622.00 233,101.00 300,723.00 84 Ebara gear pump 9/18/03 783.00 8,431.00 9,214.00 86A,86B Steel Armored Polyethylene Pipes 9/18/03 173,777.00 134,019.00 307,796.00 57 2 RTG Crane w/ accessories 9/18/03 1,168,600.00 11,822,668.00 12,991,268.00 47 External Lighting Fixtures (61 sets) 11/7/03 117,904.00 405,925.00 523,829.00 46 Interior Lighting Fixtures (157 sets) 11/7/03 15,581.00 54,165.00 69,746.00 69 Vessel Traffic Service System 11/7/03 821,006.00 2,822,883.00 3,643,889.00 50 Reefer Van Outlet (68 pcs.) 11/7/03 23,743.00 240,752.00 264,495.00 31,32 Light beacon w/ accessories and 11/7/03 192,053.00 660,852.00 852,905.00 navigational light bouy w accessories 9 Access Flooring 2/23/04 803,110.00 617,508.00 1,420,618.00 65 Fuel Dispenser complete w/ 12/3/03 29,336.00 62,290.00 91,626.00 accessories 46 Interior lighting fixture (54 sets) 11/28/03 5,332.00 18,887.00 24,219.00 47 External lighting fixtures (4 sets) 12/3/03 7,756.00 27,241.00 34,997.00 47 External lighting fixtures (8 sets) 12/11/03 15,490.00 53,856.00 69,346.00 50 Reefer Van Outlet (63 sets) 12/15/03 69,012.00 237,877.00 306,889.00 66 Portable Diesel Generator Set, 12/15/04 205,320.00 2,077,124.00 2,282,444.00 400KVA TOTAL 14,842,838.00 101,658,783.00 116,501,621.00 * Net of customs duties and VAT under the heading "In the Billing Process" per CES No. 0292 issued on August 14, 2003. ** Net of item nos. 74 whose tax and duty were already paid per OR No. 106116272 (P829.00) *** Net of item Nos. 75 and 76 whose taxes and duties were already paid per OR No. 106116281 (P13,217.00) Source: BOC Billings dated February 16, July 14, September 5, November 10 and 24, December 16, 2003 and February 19 and 24, 2004.