Scope and Historical Context of Tax and Duty Exemptions on Petroleum Imports
- Tax and duty-free importation under PD No. 1610 included liquefied petroleum gas, motor gasoline, naphtha, and natural gas liquids.
- Executive Orders and Letters of Instruction (LOI) authorized exemptions for various petroleum products: LOI No. 837 (fuel oil), LOI No. 839 (diesel fuel and kerosene).
- As supply shortages eased, tax and duty exemptions for premium and regular motor gasoline, naphtha, natural gas liquids, and kerosene were lifted through LOI Nos. 1068 and 1135.
- By May 1981, only fuel oil and diesel fuel remained exempt from import taxes and duties.
Current Economic and Supply Situation of Fuel Oil and Diesel
- Fuel oil prices and supply are unstable.
- Diesel fuel prices have dropped to levels allowing oil companies to import with sufficient profit even without exemptions.
- Continuing tax and duty exemptions for diesel could lead to windfall profits estimated at ₱71 million based on projected 860 million barrels importation.
Policy on Retention of Tax and Duty Exemptions and Control of Windfall Profits
- Recognition that current price fluctuations might be abnormal.
- Need to maintain some incentive to ensure adequate diesel supply.
- Decision to limit exemptions only to the government-owned Philippine National Oil Company (PNOC) to control windfall profits.
- This limitation also helps indirectly recover potential government revenue losses.
Provisions of the Executive Order
- Section 1: Withdrawal of the tax and duty exemption on diesel fuel previously granted under LOI No. 839.
- Section 2: Philippine National Oil Company authorized to import diesel fuel free from customs duties and import taxes, subject to prior clearance from the Bureau of Energy Utilization, for supply shortage alleviation.
- Section 3: The Executive Order takes effect immediately.
Legal Basis and Effectivity
- The Order is issued under the powers granted by Section 401 of PD No. 1464 and Section 1 of PD No. 1610.
- Effectivity is immediate upon issuance on April 6, 1982.