Legal basis and referenced law
- Presidential Decree No. 138 directs that its operative grant controls despite Section 105 of Presidential Decree No. 34 dated October 27, 1972.
- Section 1 expressly states that Section 105 of Presidential Decree No. 34 is not applicable insofar as it contradicts the exemption granted by Presidential Decree No. 138.
Coverage: who is entitled
- The exemption covers personnel of the Department of Foreign Affairs.
- The exemption covers Armed Forces attaches.
- The exemption covers military personnel.
- The exemption covers such other government attaches and personnel assigned with Philippine missions abroad by their respective departments.
- The covered personnel are those who are or have been recalled not later than June 30, 1973 due to Government reorganization.
What is exempted and qualifying items
- Section 1 grants exemption from the payment of customs duties and taxes.
- The exemption applies to personal and household effects of covered returning personnel.
- The exemption includes one motor car.
- The exemption applies to the items that are “allowed under the laws and regulations in effect prior to the effectivity” of Presidential Decree No. 34.
Timing rule for recall
- Section 1 limits eligibility to personnel recalled not later than June 30, 1973.
- Section 1 links the recall requirement to Government reorganization as the reason for recall.
One-time benefit and certification requirement
- The exemption is enjoyed only once by each returning official or employee.
- The exemption is granted only upon certification by the Secretary of Foreign Affairs.
- Certification must confirm that the personal and household effects and motor car brought in by the returning officer or employee fall within regulations prescribed by the Department of Foreign Affairs.
- Section 1 conditions the exemption on compliance with the Department of Foreign Affairs regulatory standards for the covered items.
Implementation rules and regulations
- Section 2 requires the Secretary of Foreign Affairs to promulgate the requisite rules and regulations.
- The rules and regulations must ensure effective implementation of Presidential Decree No. 138.
Amendments
- Presidential Decree No. 138 is amended by Presidential Decree Nos. 172 and 178.