Republic Act No. 613

 

 

AN ACT

TO REGULATE, CONTROL AND/OR PROHIBIT CERTAIN EXPORTS FROM THE PHILIPPINES, TO AUTHORIZE THE PRESIDENT OF THE PHILIPPINES TO ISSUE RULES AND REGULATIONS TO CARRY INTO EFFECT THE PROVISIONS OF THIS ACT, TO PROVIDE PENALTIES FOR THE VIOLATION THEREOF AND OF THE REGULATIONS ISSUED THEREUNDER, AND FOR OTHER PURPOSES

 

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:


SECTION 1.  In order to promote economic rehabilitation and development and to safeguard national security, it shall be unlawful for any person, association or corporation to export or re-export to any point outside the Philippines machineries and their spare parts, scrap metals, medicines, foodstuffs, abaca seedlings, gasoline, oil, lubricants and military equipment or supplies suitable for military use without a permit from the President which may be issued in accordance with the provisions of the next succeeding section.

 

SEC. 2.  All applications for permit to export or re-export any of the articles mentioned in section one of this Act shall be filed before a committee to be composed of the Secretary of Agriculture and Natural Resources as chairman, the Secretary of National Defense, and the Administrator of Economic Coordination as members, such applications to be numbered chronologically in the order in which they were received.  Each application shall be considered and disposed of by the Committee in their chronological order.  If after due consideration the said Committee should unanimously find that the article or articles for which a permit is applied for may be exported or re-exported without prejudice to the national security nor to the government’s program of agricultural and industrial development, then it shall recommend to the President that a permit be issued for the exportation or re-exportation of such article or articles.  Before the permit issued and signed by the President, the favorable recommendation of the Committee shall be published at the expense of the applicant once a week for two consecutive weeks in any newspaper or newspapers of general circulation in the Philippines, in which publicity shall be given the name of the applicant, the file number of his application, the description, quantity and value of the articles sought to be exported or re-exported, and the names of the consignee or consignees and the country or countries to which the articles are sought to be exported or re-exported.  If within two weeks after the last publication, no objection is received by the Committee to the issuance of the permit applied for, then the President shall within ten days issue and sign the permit.  If within the said period of two weeks, an objection to the issuance of the permit is filed with the Committee, then it shall set the matter for hearing within five days after notice to the applicant and to the objector, and within ten days after receipt of the findings and recommendations of the Committee, the President shall issue the corresponding permit or reject the application conformably with such findings and recommendations.

SEC. 3.  The President is hereby authorized to control, curtail, regulate and/or prohibit the exportation or re-exportation of such materials, goods and things referred to in the preceding section and issue rules and regulations as may be necessary to carry out the provisions of this Act.

SEC. 4.  In case of violation of this Act or the regulations promulgated thereunder, such violator or violators shall, upon conviction, be punished by a fine of not less than five thousand pesos or more than ten thousand pesos, or by imprisonment of not less than two years nor more than five years, or both in the discretion of the court:  Provided, That if the violation is committed by the manager, representative, director, agent, or employee of any natural or juridical person in the interest of the latter the same shall render the said natural or juridical person amenable to the penalties corresponding to the particular offense:  Provided, further, That in case of any violation committed in the interest of a foreign corporation legally doing business in the Philippines by its agent, manager, representative or director, such violation shall, in addition to the penalties mentioned above, serve as a ground for the immediate revocation of its license to do business:  And provided, finally, That the materials intended for export in violation of this Act and the rules and regulations thereunder shall be confiscated by and forfeited to the Government.  

SEC. 5.  The authority granted in this Act shall terminate at the end of the next regular session of Congress unless sooner terminated by concurrent resolution of said Congress, except that as to offenses committed, or rights or liabilities incurred prior to such repeal, the provisions of this Act and of the rules and regulations issued thereunder shall be treated as remaining in effect for the purpose of sustaining any suit, action, or prosecution with respect to such right, liabilities or offense.

SEC. 6.  All existing rules and regulations regulating exports with the exception of those promulgated by the Central Bank shall hereafter be readjusted, revised and integrated to conform with the provisions of this Act.

 

SEC. 7.  This Act shall take effect upon its approval.

 

Approved, May 11, 1951

 

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