Memorandum Order No. 36




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Memorandum Order No. 36, September 9, 1992 ] AUTHORIZING THE IMPORTATION AND DONATION OF FOOD, CLOTHING, MEDICINE AND EQUIPMENT FOR USE IN THE GOVERNMENT RELIEF AND REHABILITATION PROGRAMS FOR CALAMITY-AFFECTED AREAS UNDER SECTION 105 OF THE TARIFF AND CUSTOMS CODE OF THE PHILIPPINES, AS AMENDED, AND THE APPLICABLE PROVISIONS OF THE PREVAILING GENERAL APPROPRIATIONS ACT COVERING THE NATIONAL INTERNAL REVENUE TAXES AND IMPORT DUTIES OF THE NATIONAL AND LOCAL GOVERNMENT AGENCIES AND ESTABLISHING A SPECIAL FACILITY THEREFOR. Pursuant to the powers vested in me by law, I, FIDEL V. RAMOS, President of the Republic of the Philippines, do hereby order: Section 1. The importations and donations of food, clothing, medicines and equipment for the relief and rehabilitation programs of the Government are hereby authorized, subject to the provisions of Section 3 hereof, in accordance with Section 105 of the Tariff and Customs Code of the Philippines, as amended, and the prevailing provisions of the General Appropriations Act covering national internal revenue taxes and import duties of the national and local government agencies. For purposes of the aforecited provisions of the prevailing General Appropriations Act, the importations under this Memorandum Order shall be considered as importations by the Office of the President. Section 2. There is hereby established a special facility to process importations under this Memorandum Order. Upon favorable endorsement by the Department of Social Welfare and Development (DSWD) with respect to relief clothing and food, the Department of Health (DOH) with respect to medicine, and the Department of National Defense (DND) with respect to rehabilitation equipment, the Office of the President (OP) shall issue the necessary clearances to cover the aforesaid importations which shall serve as basis for the Bureau of Customs to process the papers relative thereto and effect the release of the importations. In the case of importations and donations of rehabilitation equipment, prior approval by the President is needed before the necessary clearances therefor are issued. Rehabilitation equipment shall be listed as assets in the books of the agency to which the same are assigned by the OP. Section 3. The importations and donations under this Memorandum Order shall be solely intended for use in areas declared by the President of the Philippines to be in a state of calamity. The DSWD, in consultation with the National Disaster Coordinating Council, shall thereafter determine whether the state of calamity in said areas has already ceased to exist. Section 4. Relief importations and donations which have arrived in the country prior to the issuance of this Memorandum Order, which are pending at their ports of entry, may also be processed under this Memorandum Order upon the issuance of the pertinent clearances by the OP: Provided, that such donations are assigned to the DSWD, DOH or the DND for purposes stated in Section 1 hereof. Section 5. This Memorandum Order shall take effect upon its publication in a national newspaper of general circulation.1aшphi1 DONE in the City of Manila, Philippine, this 9th day of September, in the year of Our Lord, Nineteen Hundred and Ninety Two. (Sgd.) FIDEL V. RAMOS By the President: (Sgd.) DIONISIO C. DE LA SERNA Sr. Deputy Executive Secretary The Lawphil Project - Arellano Law Foundation