Title
Supreme Court
Balikbayan Program Benefits and Regulations
Law
Republic Act No. 6768
Decision Date
Nov 3, 1989
The Balikbayan Program encourages overseas Filipinos to visit the Philippines by providing them with benefits and privileges, including tax-free purchases, visa-free entry, and expedited document processing, while unauthorized individuals who enjoy these benefits will face fines, imprisonment, or deportation.

Law Summary

Definitions of Key Terms

  • "Balikbayan": Filipino citizens continuously out of the Philippines for at least one year, Filipino overseas workers, or former Filipino citizens who have been naturalized abroad and their families.
  • "Family": spouse and children of the balikbayan traveling with them who are not balikbayan themselves.

Benefits and Privileges Granted to Balikbayan

  • Tax-free purchase up to US$1,000 or equivalent at duty-free shops, subject to limitations.
  • Special promotional/incentive programs by the national flag air carrier.
  • Visa-free entry for one year for foreign passport holders, except restricted nationals.
  • Travel tax exemption pursuant to specific laws (Presidential Decree No. 1183, Executive Order No. 283).
  • Designated reception areas at authorized ports of entry for expedited document processing.
  • Benefits are additional to existing laws, rules, and regulations.

Limitations on Tax-Free Purchases

  • Purchases must be made in US dollars or other acceptable foreign currencies.
  • Must be within 48 hours from date of arrival.
  • Privilege is nontransferable and must be used personally.
  • Can only be availed once per year per balikbayan.
  • Only balikbayan of majority age can avail full privileges; minors limited to purchases not exceeding US$250.
  • For non-consumables priced over US$200, only one item per category may be purchased.

Rulemaking Authority

  • The Department of Tourism, in coordination with other government agencies, shall promulgate necessary rules and regulations for effective implementation.

Reporting Requirements

  • The Department of Tourism must submit semiannual reports to the President (via the Secretary of Finance) and to both Houses of Congress.
  • Reports to detail quantities and values of goods sold in Philippine duty-free shops, classified by Tariff and Customs Code categories.

Penalties for Unauthorized Use of Benefits

  • Individuals who unlawfully avail of benefits face fines between P20,000 and P40,000 or imprisonment from 2 to 4 years, or both.
  • Aliens guilty of violation are subject to summary deportation after serving sentence and permanent bar from reentry without Presidential permission.

Repeal of Conflicting Laws

  • All laws, decrees, orders, rules, and regulations inconsistent with this Act are repealed or modified accordingly.

Mandatory Biennial Review

  • The Balikbayan Program shall be reviewed by Congress two years after enactment and every two years thereafter.

Separability Clause

  • If any provision is held invalid or unconstitutional, it does not affect the validity of the rest of the Act.

Effectivity

  • The Act takes effect 15 days after publication in the Official Gazette or at least two national newspapers, whichever is earlier.

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