Unconstitutionality of Oil Deregulation Law

Boc Memorandum
The Supreme Court's ruling on December 19, 1997, declared the Oil Deregulation Law (R.A. 8180) unconstitutional, reinstating previous tariff rates of 10% for crude oil and 20% for refined petroleum products, effective immediately.

Legal basis: oil deregulation nullity

  • The Memorandum treats Republic Act No. 8180 (the Act deregulating the downstream oil industry) as declared unconstitutional by the Supreme Court.
  • The Memorandum states that the decision has the inevitable consequence of reviving the old law that Republic Act No. 8180 had repealed.
  • The Memorandum directs action consistent with the Supreme Court’s clear language regarding revival of repealed tariff regimes.
  • The Memorandum ties compliance to the Supreme Court ruling becoming final and executory on 19 December 1997.

Supreme Court finality date for compliance

  • The Memorandum fixes 19 December 1997 as the date when the declaration of nullity becomes final/executory.
  • The Memorandum orders that the relevant compliance actions be aligned with the period from April 16, 1996 (the deregulation effectivity reference) up to 19 December 1997.
  • The Memorandum requires implementation of the revived tariff rates effective 19 December 1997.

Immediate reporting obligation for BOC

  • The Memorandum directs submission of the list of oil shipments entered after the deregulation law took effect.
  • The mandated reporting period covers shipments entered after the Deregulation Act came into effect and specifically from April 16, 1996.
  • The reporting must cover entries up to 19 December 1997, when the nullity declaration becomes final/executory.
  • The reporting must include the amount of duties/taxes actually collected.

Duty/tax collections to be reported

  • The Memorandum requires reporting duties/taxes actually collected at 3% or 7%, as applicable “as the case may be.”
  • The Memorandum’s required reporting links the duty/tax rates collected to the entries covered within the April 16, 1996 to 19 December 1997 window.

Revival and imposition of old tariff rates

  • The Memorandum directs imposition of old rates resulting from the revival of the repealed tariff regime.
  • The revived tariff for crude oil is 10%.
  • The revived tariff for refined petroleum products is 20%.
  • The Memorandum orders these old rates to be effective 19 December 1997.
  • The Memorandum links the effective date of the old rates to the Supreme Court decision becoming final and executory on 19 December 1997.

Compliance instruction and enforcement posture

  • The Memorandum orders strict compliance with its numbered directives.
  • The compliance instructions are framed as directions to observe/comply.
  • The Memorandum issues a clear operational command to Customs to both report covered entries and apply the revived rates upon finality.

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