MALACAŅANG
M a n i l a
PRESIDENTIAL DECREE No. 1258
REDUCING UNDER CERTAIN CONDITIONS AND FOR A LIMITED PERIOD CUSTOMS DUTIES DUE ON IMPORTATIONS OF CERTAIN HOSPITAL/MEDICAL EQUIPMENT, MACHINERY, IMPLEMENTS AND SUPPLIES
WHEREAS, the promotion, protection and preservation of the health of the citizenry is the concern of the government as ordained in the Constitution;
WHEREAS, hospitals, medical centers and other similar entities play a vital role in maintaining a healthy citizenry so much so that their continued operation should not be hampered by reason of the rise in costs of acquisition of necessary equipment and implements;
WHEREAS, there is a need to provide a government assistance to these entities to ensure that their services to the masses, especially to the poorer segment of the citizenry, shall be accorded at least cost and optimum efficacy.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order:
Section 1. The provisions of Republic Act No. 1937, as amended, to the contrary notwithstanding, importations by hospital which are now engaged or shall engage in the treatment and care of the sick of hospital/medical equipment, machinery, implements and supplies as hereinafter enumerated and described shall be subject to customs duties of ten per centum (10%) ad valorem to wit:
| Article | Under Tariff Heading No. | Rate of Duty |
| 1. |
X-RAY FILMS | 37.01 |
ad valorem 10% |
| 8" x 10" |
| 10" x 12" |
| 11' x 14" |
| 14" x 17" |
| 2. |
DEVELOPER, FIXER STARTER AND HARDENER USED IN THE PRODUCTION OF X-RAY IMAGES |
37.08 | ad valorem 10% |
| 3. | POLYETHYELENE TUBING, FLEXIBLE, FOR HEMODIALYSIS MACHINE; TETRAFLOUROETHYLENE (TEFLON) TAPE | 39.02 | ad valorem 10% |
| 4. | CATHETERS | 40.12 | ad valorem 10% |
| 5. | SURGICAL GLOVES | 40.13 | ad valorem 10% |
| 6. | ELECTROCARDIOGRAPH PAPER AND DISPOSABLE FACE MASK FOR USE IN HOSPITALS | 48.21 | ad valorem 10% |
| 7. | WASHER FOR STERILIZER | 73.32 | ad valorem 10% |
| 8. | ADJUSTING SPRING, SPRING GUIDEAND MAIN SPRING FOR STERILIZER; SPRING VALVE CUP, TRIAC RETAINING RING FOR WATER VALVE FOR STERILIZER | 73.35 | ad valorem 10% |
| 9. | DISC, DISC HOLDERS, VALVE BALL SEAT AND GASKET, POWER DIAPHRAGM AND BLACK HOUSING AND VACUUM BREAKER FOR STERILIZER REPLACEMENT DISC FOR STERILIZER | 84.17 | ad valorem 10% |
| 10. | SKYLUX GLASS BULBS FOR OPERATING LAMPS | 85.20 | ad valorem 10% |
| 11. | RESUSCITATORS OR OXYGEN APPARATUS | 90.18 | ad valorem 10% |
Section 2. The following articles shall likewise be subject to the reduced rate of duty of 10% ad valorem as soon as their appropriate tariff classifications are determined by the Tariff Commission and submitted to the Department of Finance:
1. Phospate Buffer
2. Carbonate/Bicard Buffer
3. Potassium Ferricynide
4. Caffeine Diluent
5. Sodium Potassium Tartiate
6. Sulphanilic Acid
7. Working Bun Color
8. 4-Aminoantipyrine
9. Sodium Nitrate
10. HCI 0.25N
11. Azoene Fast Red
12. SGPT and Diluent Set
13. Markets for X-ray Equipment
14. Volt complete door, valve triac unit for hemodialysis machine
15. High temperate control, thermistor assembly for sterilizer
16. Indicatory control and recording control for gas sterilizer
17. Door switch, selector switch, pressure switch
18. Resuscitators or oxygen apparatus
19. Vaporizers
20. Mistogen transducer reservoir
Section 3. The reduction herein allowed shall only cover importations of hospital/medical equipment, machinery, implements and supplies included in the list above which are directly and actually needed and will be used exclusively in the treatment and care of the sick by the hospital-importer as certified to by the Department of Health. Shipping documents covering the importation shall be in the name in the hospital-importer to whom the goods shall be directly delivered by customs authorities.
Section 4. In addition to the condition in the preceding sections, reduction in duties shall be allowed only to the importation of the hospital-medical equipment, machinery, implements and supplies that are not available locally in sufficient quantities and of comparable quality and cost certified to by the Board of Investments. Further, only hospitals licensed by the Department of Health and accredited by the Philippine Medical Care Commission, having at least twenty-five beds and maintaining a ward dispensing free medical services to indigents may qualify for the incentives granted under this Decree.
Section 5. Any grantee of the incentives under this Decree who shall make use of the privilege hereunder for purposes other than those for which such privilege was granted or who shall in any manner violate the provisions of this Decree shall be penalized with imprisonment of not less than five (5) years but not exceeding ten (10) years and a fine of not less than P10,000.00 but not exceeding P200,000.00 and in addition, such violation shall ipso facto cause forfeiture of the imported articles aside form the payment of all taxes and duties due in accordance with the existing laws.
Any persons or any officers or employee of the government who shall be connive with the grantee of the reduction in duties in the violation of the provisions of this Decree shall suffer the same penalties prescribed in the first paragraph of this section. In case the grantee is a juridical person, the official or officials who consented to the commission of the offense or tolerated the violation of the provisions of this Decree shall be the person or persons liable.
Section 6. Any hospitals, medical centers, medical clinic or institutions who or which may qualify for similar exemption privilege under existing law of other laws hereinafter decreed or enacted and is qualified under this Decree, may choose which privilege the grantee desires to avail of, but in no case shall such grantee be entitled to both privilege simultaneously.
Section 7. Rules and regulations to implement the provisions of this Decree shall be prepared by the Department of Health within fifteen (15) days from the issuance of this Decree and approved by the Department of Finance within another (15) days.
Section 8. All laws, decrees, orders, rules and regulations or parts thereof inconsistent with any of the provisions of this Decree are hereby repealed or modified accordingly.
Section 9. This Decree shall take effect upon approval and shall continue to be effective until 31 December 1980.
Done in the City of Manila, this 2nd day of December, in the year of Our Lord, nineteen hundred and seventy-seven.
The Lawphil Project - Arellano Law Foundation
