Title
Stabilization Tax on Export Proceeds
Law
Republic Act No. 6125
Decision Date
May 1, 1970
Republic Act No. 6125 imposes a stabilization tax on certain exported products in the Philippines to accelerate economic development, with varying tax rates and penalties for non-payment, and allocates the proceeds to debt servicing, project financing, and loans for export industries and agricultural development.
A

Assessment and Collection Process

  • The Central Bank of the Philippines is responsible for assessing and collecting the stabilization tax through authorized agent banks.
  • Collection is required within ten banking hours from the realization of export proceeds, whether partial or total.
  • Exporters must convert all foreign exchange proceeds into pesos through authorized banks, under Central Bank regulations.

Penalties for Nonpayment and Fraud

  • Unpaid taxes are subject to a surcharge of 25% plus 1% per banking day of delay.
  • If underpayment results from false or fraudulent acts by the exporter or agent bank, the surcharge increases to 50%.

Allocation and Use of Tax Proceeds

  • 50% of collections deposited in a Central Bank Special Account for servicing government debts and budget deficit amortization, excluding payments for future government overdrafts.
  • 25% deposited in a Central Bank Special Account for counterpart funding of international loan-financed projects (ADB, IBRD, UN, bilateral agreements).
  • 25% deposited with the Development Bank of the Philippines in a Special Account to provide loans to export industries and agricultural projects, prioritizing processing of raw materials for export.

Transparency and Reporting Requirements

  • Within ten days post-approval, the Central Bank must submit and publish certified inventories of government and corporate-held securities and debts.
  • If inflation risks arise, the Central Bank must avoid increasing its holdings of certain securities and aim to reduce or sell debt evidences it issues.
  • Quarterly reporting to the President and Congress on securities holdings, debt issuance, money supply, and its changes is mandated.

Rulemaking Authority

  • The Central Bank shall promulgate necessary rules and regulations for implementation.
  • Rules take effect fifteen days after publication in three newspapers of general circulation, including one in the national language.

Penalties for Violations

  • Violators shall face fines from 10,000 to 25,000 pesos and imprisonment of three to six years.
  • Corporate officers or representatives knowingly involved will be held liable as principals.
  • Commercial bank offenders are subject to permanent disqualification from bank management roles.
  • Central Bank officers committing violations face additional perpetual public office disqualification.
  • Alien offenders face deportation after serving sentences.

Enforcement in Civil and Criminal Actions

  • Any Filipino citizen of legal age may enforce this Act in civil actions, serving as real parties in interest.
  • Civil suits cannot be dismissed on technical grounds or decided based on compromise agreements.
  • Courts shall prevent collusion and discourage frivolous suits; consolidation of suits sharing the same cause is mandated.
  • Intervention rights are granted as per Rules of Court.
  • Criminal actions may also be initiated by Filipino citizens.

Uniform Application of Exchange Rates

  • The prevailing exchange rate during the Act’s effectivity applies uniformly to all export receipts.

Repeal and Amendment of Conflicting Laws

  • All prior conflicting laws, executive orders, regulations and circulars are repealed or modified accordingly.

Severability Clause

  • If any provision or application is declared unconstitutional, other provisions and applications remain unaffected.

Effectivity

  • The Act takes effect immediately upon approval.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.