Legal basis and prior issuances
- The President acts under powers granted by Section 3 of Republic Act No. 509, which authorizes the President, for a limited period, to fix ceiling prices of commodities and promulgate related rules and regulations.
- Section 2 repeals Section 4 of Executive Order No. 448 (June 9, 1951) and Section 3 of Executive Order No. 440 (May 8, 1953).
- The repeals in Section 2 are carried out by replacing the ceiling price schedules for galvanized iron sheets and aluminum sheets through Section 1.
Policy and scope of coverage
- The Executive Order establishes that specified essential commodities shall not be sold above the ceiling prices set in the Order.
- Section 1 covers construction materials (imported) consisting of:
- Galvanized iron sheets identified by origin groups (“Japanese, Belgian and English”), gauge numbers, and sheet sizes; and
- Aluminum sheets grouped by origin/brand descriptors (“ALUMININ SHEETS (U. S. A.)” and “DURALMIN (ALUMINUM) SHEETS (JAPANESE)”).
- The ceiling pricing rule applies to wholesalers and retailers.
- The price schedules are provided by gauge and by specific dimensional size for corrugated and plain sheets.
- The ceilings in Section 1 are stated alongside unit prices for each gauge/size combination.
Ceiling price prohibition
- Section 1 prohibits sale of each listed sheet product at more than the maximum selling prices for wholesalers and retailers.
- Section 1 provides a ceiling price schedule for galvanized iron sheets (Japanese, Belgian and English) with unit ceilings listed by:
- Gauge No. (e.g., 30 x 32 x 3 x 6 corrugated, 30 x 32 x 3 x 7 corrugated, 28 x 32 x 3 x 10 corrugated, 26 x 36 x 3 x 8 plain, etc.), and
- Corresponding ceilings for Wholesaler’s Price and Retailer’s Price (both expressed in the currency format shown in the schedule).
- Section 1 provides a ceiling price schedule for ALUMININ SHEETS (U. S. A.) with ceilings listed by gauge numbers (e.g., .016 x 26 x 3 x 6 corrugated, .016 x 26 x 3 x 7 corrugated, .016 x 26 x 3 x 12 corrugated, and .016 x 26 x 3 x 8 corrugated) and their corresponding wholesaler and retailer ceiling prices.
- Section 1 provides a ceiling price schedule for DURALMIN (ALUMINUM) SHEETS (JAPANESE) with ceilings listed by gauge numbers (e.g., .019 x 26 x 3 x 6 corrugated, .019 x 26 x 3 x 7 corrugated, .019 x 26 x 3 x 10 corrugated, .019 x 26 x 3 x 12 corrugated, and .019 x 26 x 3 x 8 corrugated) and their corresponding wholesaler and retailer ceiling prices.
- Section 3 confirms that the ceiling prices in Section 1 include defined taxes and charges.
Included taxes and computation of ceiling
- Section 3 requires that the ceiling prices fixed in the Order include:
- 17% special excise tax on foreign exchange,
- 7% sales tax, and
- 1% municipal tax.
- The inclusion rule in Section 3 governs the ceiling prices that wholesalers and retailers must observe under Section 1.
Repeal and replacement of earlier schedules
- Section 2 repeals the earlier ceiling provisions by replacing them with the new ceiling schedules for galvanized iron sheets and aluminum sheets contained in Section 1.
- Section 2 expressly repeals:
- Section 4 of Executive Order No. 448 dated June 9, 1951, and
- Section 3 of Executive Order No. 440 dated May 8, 1953.
- The ceiling price schedule in Section 1 functions as the operative replacement for those repealed sections for the listed sheet products.
Operational effect and timing
- Section 4 makes the Executive Order effective three days after June 26, 1953.
- Once effective, the prohibition in Section 1 applies to sales by wholesalers and retailers of the listed essential commodities at more than the ceiling prices.
- The taxes included under Section 3 become part of the ceiling-price ceilings from the effectivity date under Section 4.