M a n i l a
PRESIDENTIAL DECREE No. 150 March 13, 1973
AMENDING REPUBLIC ACT NUMBERED FOUR THOUSAND EIGHT HUNDRED SIXTY, AS AMENDED (RE FOREIGN BORROWING ACT)
WHEREAS, there are indications from international financial organizations about future changes in their lending policies aimed at increasing the financing of local costs of certain projects;
WHEREAS, experience has shown the need for flexibility in tapping foreign sources of funding;
NOW, THEREFORE, I, FERDINAND E. MARCOS, Commander-in- Chief of all the Armed Forces of the Philippines, pursuant to Proclamation No. 1104 dated January 17, 1973, and General Order No. 1, as amended, dated September 22, 1972 and in order to assure a sustained and accelerated implementation of our development program, do hereby order to amend further certain sections of Republic Act Numbered Four Thousand eight hundred sixty, as amended, and not to adopt this decree as part of the law of the land.
Section 1. Section one of Republic Act Numbered Four Thousand eight hundred sixty, as amended, is further amended to read as follows:
"Sec. 1. The President of the Philippines is hereby authorized, in behalf of the Republic of the Philippines, to contract such loans, credits, including supplier's credit, deferred payment arrangements, and to enter into and conclude bilateral agreements involving other forms of official assistance such as grants and commodity credit arrangements or indebtedness as may be necessary and upon such terms and conditions as may be agreed upon, not inconsistent with this Act, with Governments of foreign countries with whom the Philippines has diplomatic or trade relations or which are members of the United Nations, their agencies, instrumentalities or financial institutions or with reputable international lending institutions or firms extending supplier's credit or deferred payment arrangements to enable the government of the Republic of the Philippines to:
"(A) Undertake, through any government, office, agency or instrumentality, or government-owned/or controlled corporation, industrial, agricultural or other economic and social development projects and feasibility studies, which are authorized by law including but not limited to those enumerated in Annex "A" including lists 1, 2, 3, and 4 hereof, which are made integral parts of the Act and such projects which may from time to time recommended by the National Economic and Development Authority and approved by the President of the Philippines; Provided, That at least seventy-five per cent of the loans, credits or indebtedness authorized to be obtained under this paragraph shall be spent for projects which are income-generating. Such foreign loans, credits or indebtedness shall be used to meet the direct and indirect foreign exchange requirements and peso costs of the project including studies, technical surveys, equipment, machineries, supplies, construction, installation and related technical services: Provided, further, That whenever necessary, part of the proceeds of such loans, credits or indebtedness shall be used for environmental, health and ecological management and control;
"(B) Lend the proceeds of such loans, credits or indebtedness to government-owned or controlled corporations to finance development projects which are authorized by the charters of such corporations or by law: Provided, That the proceeds of said loans, credits or indebtedness shall likewise be used to meet the direct and indirect foreign exchange requirements and peso costs of the projects including students, technical surveys, equipment, machineries, supplies, construction installation and related technical services;
"(C) Lend the proceeds of such loans, credits or indebtedness to the Development Bank of the Philippines which shall administer said proceeds in "accordance with the agreement with the foreign creditor for relending to individuals, partnerships, cooperatives associations or private corporations, whose capital stock, if not fully subscribed, is open to subscription by the general public to meet the direct and indirect foreign exchange requirements including peso costs for such industrial, agricultural and other economic development projects, subject to the provisions of the charter, rules and regulations of said bank and to the terms and conditions agreed upon by the government and the institution providing financing for the projects: Provided, That the Development Bank of the Philippines shall pay the Republic of the Philippines at least for the principal, interests and other charges on such loans, credits or indebtedness turned over to it: Provided, further, That the total authorized borrowing for relending to the private sector shall be allocated by the National Economic and Development Authority such that a proper balance of allocation is attained among the industrial, public utility, and agricultural projects: Provided, finally, That industrial and public utility projects shall respectively, be approved by the Board of Investments and the pertinent specialized regulatory Boards and that agricultural projects shall be recommended by the Department of Agriculture and Natural Resources and shall be duly approved by the National Economic and Development Authority.
"The proceeds of the loans, credits or indebtedness under this paragraph shall not be re-loaned to any individual, partnership, cooperative, association or private corporation, the account of which with the Development Bank of the Philippines or with any government financial institutions, is in-arrears for three or more installments for causes other than force majeure or those beyond its control, nor shall paid proceeds or portions thereof be used for any purpose other than that for which the loan, credit or indebtedness has been granted. The failure of any debtor to meet three amortization payments of its loan when due, for causes other than force majeure or those beyond its control, will render the entire obligation on any balance thereof due and demandable, and the debtor shall pay a special penalty of two per centum of the amount due.
"The authority of the President of the Philippines, as hereby provided in this Section shall include the power to issue, for the purposes stated, bonds, debentures, securities or other evidences of indebtedness for sale in the international market the income from which shall be fully tax exempt in the Philippines.
Section 2. A new section to be known as Section 4-A is hereby inserted into the same Act to read as follows:
"Sec. 4-A. Upon the recommendation of the Secretary of Finance, in consultation with the National Economic and Development Authority and approval of the President of the Philippines, loan agreements, as well as contracts involving the availment of or utilization of the proceeds of loans, credits or indebtedness obtained under the provisions of this Act, may provide for the exemption from taxes, charges, or other levies."
Section 3. Any provision of Republic Act Numbered Four thousand eight hundred sixty, as amended, and other pertinent laws which are inconsistent with this Decree are hereby modified or repealed accordingly.
Section 4. This Decree shall effect immediately.
Done in the City of Manila, this 13th day of March, in the year of Our Lord, nineteen hundred and seventy-three.
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