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.