Amendments to C.A. No. 466 Re: Specific Tax

June 19, 1964

REPUBLIC ACT NO. 4097

AN ACT TO AMEND SECTION ONE HUNDRED TWENTY-FIVE AND ONE HUNDRED SEVENTY-FOUR ON COMMONWEALTH ACT NUMBERED FOUR HUNDRED SIXTY-SIX OTHERWISE KNOWN AS THE NATIONAL INTERNAL REVENUE CODE, AS AMENDED, AND FOR OTHER PURPOSES

SECTION 1. Section one hundred twenty-five of Commonwealth Act Numbered Four Hundred sixty-six, as amended, is hereby further amended to read as follows:

"SEC. 125. Payment of specific tax on imported articles. — Specific taxes on imported articles shall be paid by the owner or importer to the customs officers, conformably with the regulations of the Department of Finance and before the release of such articles from customhouse, or by the person who is found in possession of articles which are exempt from specific tax other than those to whom the same is lawfully issued."

SECTION 2. Section one hundred seventy-four of the same Act, as amended, is hereby further amended to read as follows:

"SEC. 174. Unlawful possession or removal of articles subject to specific tax without payment of tax. — Any person who is found in possession of articles subject to specific tax, the tax on which has not been paid in accordance with law, or any person who is found in possession of articles which are exempt from specific tax other than those to whom the same is lawfully issued shall be punished by a fine of not less than ten times the amount of the specific tax due on the articles found but not less than two hundred pesos nor more than five thousand pesos and by imprisonment of from four months and one day to four years and two months. Any manufacturer, owner, or person in charge of any article subject to a specific tax who removes or allows or procures the unlawful removal of any such article from the place of manufacture or bonded warehouse, upon which article the specific tax has not been paid in the time and manner required, and any person who knowingly aids or abets in the removal of such articles as aforesaid, or conceals the same after illegal removal, shall for the first offense be punished by a fine of not less than ten times the amount of the specific tax due on the articles removed, but not less than five hundred pesos nor more than ten thousand pesos and by imprisonment of not less than six months and one day but not more than six years.

"Every manufacturer so offending shall, before continuing or resuming business, execute a bond in double the amount of his original bond and containing the same conditions. aisa dc

"The mere unexplained possession of articles subject to specific tax, the tax on which has not been paid in accordance with law, shall be punishable under this section."

SECTION 3. This Act shall take effect upon its approval.

Approved: June 19, 1964

Published in the Official Gazette, Vol. 61, No. 11, p. 1500 on March 15, 1965