Home›Statutes›Commonwealth Acts›Commonwealth Act No. 733
Commonwealth Act No. 733
"3. Each of the qoutas provided for in Paragraphs 1 and 2 of this Article for articles falling within one of the classes specified in Items A-1 and B, and D to G, each inclusive, of the Schedule to this Article shall be allocated annually by the Philippines to the manufacturers in the Philippines in the calendar year 1940 of products of a class fore which such qouta is established, and whose products of such class were exported to the United staqtes during such calendar year, or their successors
Section 2. This Act shall become effective the day following its enactment, and shall terminate on May 30, 1946.' (56 Stat.) Pt. 1 (752 and 753, Ch. 560); (58 Stat.) Pt. 1 (647, Ch. 332).
"ANNEX VIII
"Act of March 24, 1934 of the United States, as amended to May 1, 1946.
" '
Section 8. (a) Effective upon the acceptance of this Act by concurrent resolution of the Philippine Legislature or by a convention called for that purpose, as provide in section 17-
" '(1) For the purposes of the Immigration Act 1917, the Immigration Act of 1924 (except section 13 (c)), this section, and all other laws of the United States relasting to the immigration, exclusion, or expulsion of aliens, citizens of the Philippine Islands who are not citizens of the United States shall be considered as if they were aliens. For such purposes the Philippine Islands shall be considered as a separate country and shall have for each fiscal year a quota of fifty. This paragraph shall not apply to a person coming or seeking to come to the Territory of Hawaii who does not apply for and secure an immigration or passport visa, but such immigration shall be determined by the Department of the Interior on the basis of the needs of industries in the Territory of Hawaii. 48 Stat. 462.' (48 Stat..) Pt. 1 (462, Ch. 84).
"ANNEX IX
"Internal Revenue Code of the United States, as amended to May 1, 1946.
" 'Section 2490. Imposition of Tax.
" 'In addition to any other tax or duty imposed by law, there shall be imposed upon the following articles imported into the United States, unless treaty provisions of the United States otherwise provide, a tax at the rates set forth in section 2491, to be paid by the importer. 53 Stat. 267.'
" 'Section 2491. Rate of Tax.
" '(c) Any article, merchandise, or combination (except oils specified in section 2470), 10 per centum
or more of the quantity by weight of which consists of, or is derived directly or indirectly from, one or more of the products specified above in this paragraph or of the oils, fatty acids, or salts specified in section 2470, a tax at the rate or rates per pound equal to that proportion of the rate or rates prescribed in this paragraph or such section 2470 in respect of such product or products which the quantity by weight of the imported article, merchandise, or combination, consisting of or derived from such product or products, bears to the total weight of the imported article, merchandise, or combination; but there shall not be taxable under this subparagraph any article, merchandise, or combination (other than an oil, fat, or grease, and other than products resulting from processing seeds without full commercial extraction of the oil content), by reason of the presence therein of an oil, fat, or grease wqhich is a natural component of such article, merchandise, or combination and has never had a separate existence as an oil, fat, or grease. 53 Stat. 267 and 268.' (53 Stat.) Pt. 1 (267 and 268, Ch. 2)
"ANNEX X
"Internal Revenue Code of the United States, as amended to May 1, 1946.
" 'CHAPTER 32-Sugar.
" 'In addition to any other tax or duty imposed by law, there shall be imposed, under such regulations as the Commissioner of Customs shall prescribe, with the approval of the Secretary, a tax upon articles imported or brought into the United States as follows:
" '(1) On all manufactured sugar testing by the polariscope ninety-two sugar degrees, 0.465 cent per pound, and for each additional sugar degree shown by the polariscopic test, 0.00875 cent per pound additional, and fractions of a degree in proportion;
" '(2) On all manufactured sugar testing by the polariscope less than ninety-two sugar degrees 0.5144 cent per pound of the total sugars therein;
" '(3) on all articles composed in chief value of manufactured sugar 0.5144 cent per pound of the total sugars therein. 53 Stat. 428.'
"Section 3507. Definitions.
" '(b) Manufactured sugar.-The term "manufactured sugar" means any sugar derived from sugar beets or sugarcane, which is not to be, and which shall not be, further refined or otherwise improved in quality; except sugar in liquid form which contains nonsugar solids (excluding any foreign substance that may have been added) equal to more than 6 per centum of the total soluble solids, and except also sirup of cane juice produced from sugar cane grown in continental United States.
" 'The grades or types of sugar within the meaning of this definition shall include, but shall not be limited to, granulated sugar, lump sugar, cube sugar, powdered sugar, sugar in the form of blocks, cones, or molded shapes, confectioners' sugar, washed sugar, centrifugal sugar, clarified sugar, turbinado sugar, plantation white sugar, muscovado sugar, refiners' soft sugar, invert sugar mush, raw sugar, sirups, molasses, and sugar mixtures.
" '(c) Total sugars.-The term "total sugars" means the total amount of the sucrose (Clerget) and of the reducing or invert sugars. The total sugars contained in any grade or type of manufactured sugar shall be ascertained in the manner prescribed in paragraphs 758, 759, 762, and 763 of the United States Customs Regulations (1931 edition). 53 Stat. 428 and 429.' (53 Stat.) Pt. 1 (426, 428, and 429, Ch. 2)"
"ANNEX XI
Constitution of the Philippines as amended to May 1, 1946.
"ARTICLE I.-THE NATIONAL TERRITORY
"
Section 1. The Philippines comprises all the territory ceded to the United States by the Treaty of Paris concluded between the United States and Spain on the tenth day of December, eighteen hundred and ninety-eight, the limits of which are set forth in Article III of said treaty, together with all the islands embraced in the treaty concluded at Washington, between the United States and Spain on the seventh day of November, nineteen hundred, and in the treaty concluded between the United States and Great Britain on the second day of January, nineteen hundred and thirty, and all territory over which the present Government of the Philippine Islands exercises jurisdiction."
WHEREAS, under the terms thereof, the said Executive Agreement shall not take effect unless and until the Congress of the Philippines accepts it by law, and unless and until the Congress of the Philippines (in the act of acceptance, or separately) has enacted such legislation as may be necessary to make all the provisions of Parts 2, 3, 4, and 5, of Title II of the said Act of Congress take effect as laws of the Philippines, except (during the period prior to the amendment of the Constitution of the Philippines referred to in subsection [b] of section 402) such provisions of section 341 as are in conflict with such Constitution; and
WHEREAS, in accordance with said Agreement it is necessary for the Philippines to provide that certain acts, hereinafter specified, shall be offenses under the laws of the Philippines:
NOW, THEREFORE, Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 313. CUSTOMS DUTIES OTHER THAN ORDINARY.
"Customs duties on United States articles, other than ordinary customs duties, shall be determined without regard to the provisions of sections 311 and 312 (a), but shall be subject to the provisions of section 314.
"
Section 314.
EQUALITY IN SPECIAL IMPORT DUTIES, ETC.
"(a) With respect to United States articles imported into the Philippines, no duty on or in connection with importation shall be collected or paid in an amount in excess of the duty imposed with respect to like articles which are the product of any other foreign country, or collected or paid in any amount if the duty is not imposed with respect to such like articles.
"(b) As used in this section the term 'duty, includes taxes, fees, charges, or exactions, imposed on or in connection with importation; but does not include internal taxes or ordinary customs duties.
"
Section 315.
EQUALITY IN DUTIES ON PRODUCTS OF UNITED STATES.
"(a) With respect to products of the United States, which do not come within the definition of United States articles, imported into the Philippines, no duty on or in connection with importation shall be collected or paid in an amount in excess of the duty imposed with respect to like articles which are the product of any other foreign country, or collected or paid in any amount if the duty is not imposed with respect to such like articles which are the product of any other foreign country.
" (b) As used in this section the term 'duty' includes taxes, fees, charges, or exactions, imposed on or in connection with importation; but does not include internal taxes.
"PART 3.-Internal Taxes
"
Section 321.
EQUALITY IN INTERNAL TAXES.
"(a) With respect to articles which are products of the United States coming into the Philippines, or with respect to articles manufactured in the Philippines wholly or in part from such articles, no internal tax shall be-
"(1) collected or paid in amount in excess of the internal tax imposed with respect to like articles which are the product of the Philippines, or collected or paid in any amount if the internal tax is not imposed with respect to such like articles;
"(2) collected or paid in an amount in excess of the internal tax imposed with respect to like articles which are the product of any other foreign country, or collected or paid in any amount if the internal tax is not imposed with respect to such like articles.
"(b) Where an internal tax is imposed with respect to an article which is the product of a foreign country to compensate for an internal tax imposed (1) with respect to a like article which is the product of the Philippines, or (2) with respect to materials used in the production of a like article which is the product of the Philippines, if the amount of the internal tax which is collected and paid with respect to the article which is the product of the United States is not in excess of that permitted by paragraph (2) of subsection (a) such collection and payment shall not be regarded as in violation of subsection (a).
"
Section 322.
PROHIBITION ON EXPORT TAXES.
"No export tax shall be imposed or collected by the Philippines on articles exported to the United States.
"
Section 323.
EXEMPTION FROM TAXES OF ARTICLES FOR OFFICIAL USE.
"No processing tax or other internal tax shall be imposed or collected in the Philippines with respect to articles coming into the Philippines for the official use of the United States Government or any department or agency thereof.
"PART 4.-Immigration
"
Section 331.
CERTAIN UNITED STATES CITIZENS GIVEN NON-QUOTA STATUS.
"Any citizen of the United States who actually resided in the Philippines for a continous period of three years during the period of forty-two months ending November 30, 1941, if entering the Philippines during the period from July 4, 1946, to July 3, 1951, both dates inclusive, for the purpose of resuming residence in the Philippines, shall, for the purposes of the immigration laws, be considered a non-quota immigrant. After such admission as a non-quota immigrant he shall, for the purposes of the immigration and naturalization laws, be considered as lawfully admitted to the Philippines for permanent residence. The benefits of this section shall also apply to his wife, if a citizen of the United States, and to his unmarried children under 18 years of age, if such wife or children are accompanying or following to join him during such period.
"
Section 332.
IMMIGRATION OF UNITED STATES CITIZENS INTO THE PHILIPPINES.
"Citizens of the United Staes, admissible to the Philippines under the provisions required by section 402 (e) to be included as a part of the executive agreement made under Title IV, shall be entitled to enter the Philippines, in the numbers and during the periods of years, and to remain therein for the time, specified in that part of the agreement which embodies the provisions of section 402 (e).
"PART 5.-Miscellaneous
"
Section 341.
RIGHTS OF UNITED STATES CITIZENS AND BUSINESS ENTERPRISES IN NATURAL RESOURCES.
"The disposition, exploitation, development, and utilization of all agricultural, timber, and mineral lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces and sources of potential energy, and other natural resources of the Philippines, and the operation of public utilities, shall, if open to any person, be open to citizens of the United States and to all forms of business enterprise owned or controlled, directly or indirectly, by United States citizens.
"
Section 342.
CURRENCY STABILIZATION.
"The value of Philippine currency in relation to the United States dollar shall not be changed, the convertability of pesos into dollars shall not be suspended, and no restrictions shall be imposed on the transfer of funds from the Philippines to the United States, except by agreement with the President of the United States.
"
Section 343.
ALLOCATION OF QUOTAS.
"The allocation, reallocation, transfer, and assignment of quotas established by sections 211, 212, and 214, respectively, of Part 2 of Title II, shall be on the basis provided for in such Part."
are hereby enacted and shall continue in effect as laws of the Philippines during the effectiveness of the executive agreement mentioned in the preceding section: Provided, however , That so much of section 341, Part 5, Title III, above quoted, as is in conflict with the Constitution of the Philippines shall take effect only after such conflict shall have been removed by an amendment of the said Constitution.
Section 3. Whoever, in the Philippines or elsewhere, makes any statement or representation knowing it to be false, or whoever, willfully and fraudulently, overvalues loss of or damage to property for the purpose of obtaining for himself of for any claimant any compensation pursuant to Title I of the Philippine Rehabilitation Act of 1946 of the United States, or for the purpose of influencing in any way the action of the Philippine War Damage Commission of the United States with respect to any claim for compensation pursuant to such Title, or for the purpose of obtaining money, property, or anything of value under such Title, shall be punished by a fine of not more than ten thousand pesos. Philippine currency, or by imprisonment for not more than two years, or both, and shall not receive any payments or other benefits under such Title and, if any payment or benefit shall have been made or granted, such Commission shall take such action as may be necessary to recover the same.
Section 4. Whoever, in the Philippines or elsewhere, pays or offers to pay, or promises to pay, or receives, on account of services rendered or to be rendered in connection with any claim for compensation under Title I of the Philippine Rehabilitation Act of 1946 of the United States, any remuneration in excess of five per centumof the compensation paid by the Philippine War Damage Commission of the United States on account of such claim, shall be deemed guilty of an offense and shall be fined not more than ten thousand pesos, Philippine currency, or imprisoned for not more than twelve months, or both, and, if any such payment or benefit shall have been made or granted, such Commission shall take such actions as may be necessary to recover the same, and, in addition thereto, any such claimant shall forfeit all rights under such Title.
Section 5. This Act shall take effect on its approval.
Approved, July 3, 1946.