Rules and Regulations to Implement the Provisions of Presidential Decree No. 1931

August 1, 1984

MOF ORDER NO. 33-84

PRESCRIBING RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1931

Pursuant to the provisions of Section 3 of Presidential Decree No. 1931, the following rules and regulations are hereby prescribed:

SECTION 1. Withdrawal of Exemptions. — As provided for in Section 1 of Presidential Decree No. 1931, all exemptions from the payment of duties, taxes, fees, imposts and other charges heretofore granted in favor of government-owned or controlled corporations, including their subsidiaries, have been withdrawn, provisions of special or general laws to the contrary notwithstanding. aisa dc

SECTION 2. Restoration of Exemptions. — Pursuant to the provisions of Section 2 of Presidential Decree No. 1931, the exemptions withdrawn may be restored, partially or totally, by the President of the Philippines and/or the Minister of Finance, upon the recommendation of the Fiscal Incentives Review Board created under Presidential Decree No. 776, or otherwise revise the scope and coverage of any applicable tax and duty, taking into account any or all of the following:

a. the effect on relative price levels;

b. relative contribution of the corporation to the revenue generation effort; cd

c. nature of the activity the corporation is engaged in; or

d. in general, the greater national interest to be served.

SECTION 3. Procedure. —

a. Any government-owned or controlled corporation or any of its subsidiaries may, should it believe that the restoration of its tax exemption privileges, partially or totally, be justified under the guidelines set forth, file its application with:

The Fiscal Incentives Review Board

Office of the Commissioner of Internal Revenue

Attn.: Atty. Domingo Paz

Quezon City

supported by documentary and other evidences;

b. All such requests shall be evaluated by the Secretariat of the Fiscal Incentives Review Board (FIRB) and if the Secretariat deems it necessary or advisable, request the attendance of such officials of the applicant corporation as would be able to provide additional data, clarify representations made, make commitments for the corporation or, in general, testify on the actual need for and the nature and extent of tax exemptions to be restored;

c. The Secretariat shall thoroughly evaluate each request and submit its findings and recommendations to the FIRB; cdtai

d. The FIRB shall submit its recommendations to the President of the Philippines and/or the Minister of Finance.

SECTION 4. Effectivity. — Pursuant to the provisions of Section 6 thereof, Presidential Decree No. 1931, and these rules and regulations shall take effect August 1, 1984. Restoration of tax exemption privileges shall take effect on the date stated by the President and/or the Minister of Finance in the decision on the application.

(SGD.) ALFREDO PIO DE RODA, JR.Acting Minister