Title
Amendment of RA 7296 franchise for Davao Agritech
Law
Republic Act No. 8700
Decision Date
Jul 9, 1998
Republic Act No. 8700 amends Republic Act No. 7296 to grant Davao Agritech, Inc. a franchise for domestic air spraying and passenger and cargo air charter transport services, with additional provisions for rates, contracts, and tax liabilities.
A

Responsibility to the Public

  • The grantee must maintain air spraying and air charter services within Davao and across the Philippines as required by traffic need.
  • Obligations are subject to exceptions for force majeure and permissible weather conditions.

Rates for Services

  • The grantee is empowered to set just and reasonable rates for all air spraying, passenger, and cargo air charter operations.
  • Such rates are subject to regulation and approval by the Civil Aeronautics Board and other applicable government agencies.

Contractual Authority

  • The grantee may enter into contracts related to air spraying and maintenance or servicing thereof.
  • It may also engage in air transport contracts, including mail carriage.
  • Preferential consideration must be given to contracts with the Philippine Government.

Tax Provisions

  • The grantee shall pay taxes on real estate, buildings, and personal property similarly to other persons or corporations.
  • Must pay either the value-added tax under Republic Act No. 7716 or a franchise tax of 5% on gross receipts from the business, whichever is higher.
  • The franchise tax rate may be adjusted by law.
  • Income tax liabilities under existing laws remain applicable unless amended or repealed.
  • Tax filings and payments are made with and subject to audit by the Bureau of Internal Revenue.

Effectivity Clause

  • The act takes effect 15 days after publication in at least two newspapers of general circulation.
  • It lapsed into law on July 9, 1998, without the President's signature, per constitutional provision.

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