R.A. 1371

REPUBLIC ACT No. 1371

AN ACT TO DEFINE, CLASSIFY, FIX AND REGULATE THE AMOUNT OF ALL CHARGES AND FEES IN PHILIPPINE PORTS, OTHER THAN CUSTOMS DUTIES, INTERNAL REVENUE TAXES AND TONNAGE DUES.

Section 1. Definitions. As used in this Act:

PART I
Harbor Fees

Section 2. The following schedule of fees for each entrance into or departure from a port of entry in the Philippines is hereby established:

Provided, That the following are exempt from the payment of such fees:

PART II
Wharfage Charges

Section 3. There shall be levied, collected and paid on all articles imported or brought into the Philippines, and on products of the Philippines, except coal, lumber, creosoted and other pressure treated materials as well as other minor forest products, cement, guano, natural rock asphalt, the minerals and ores of base metals (e.g., copper, lead, zinc, iron, chromite, manganese, magnesite and steel), and sugar molasses, exported from the Philippines, a charge of two pesos per gross metric ton as a fee for wharfage: Provided, That in the case of logs, or flitches twelve inches square or equivalent cross-sectional area, or over, a charge of sixty centavos per cubic meter shall be collected: Provided, further, That such wharfage fee shall not be levied on articles imported or brought into the Philippines which are unloaded on private wharves.

PART III
Berthing Charges

Section 4. Vessels in Foreign Trade. (a.) Every vessel engaged in foreign trade which berths at a pier, wharf, bulkhead-wharf, river or channel marginal wharf at any national port in the Philippines provided with cargo sheds, or which makes fast to any vessel lying at such wharf or pier, for the purpose of discharging and/or loading cargo shall pay a berthing fee of four centavos per registered gross ton of the vessel for the first twenty-four hours or part thereof, and for each succeeding twenty-four hours or part thereof exceeding three hours: Provided, That the maximum charge shall not exceed four hundred pesos per day;

Section 5. Non-Cargo Vessels. Every vessel engaged in foreign trade which berths at a pier, wharf, bulkhead-wharf, river or channel marginal wharf at any national port in the Philippines, or which makes fast to any vessel lying at such wharf or pier, for the sole purpose of landing and/or taking passengers, or for taking fresh water or fuel for bunkers shall pay a berthing fee of two centavos per registered gross ton of the vessel: Provided, That such vessel does not remain at such berth more than eight hours; but if such vessel remains at such berth more than eight hours, the same berthing fee shall be paid as is provided in section four, subsection (a), hereof for cargo vessels whether the wharf or pier is with or without cargo shed: Provided, further, That the maximum charge shall not exceed two hundred pesos per day.

Section 6. Vessels in the Philippine Coastwise Trade. (a.) Every vessel propelled by steam or internal combustion engine and engaged in the Philippine coastwise trade, excepting boats of five tons gross or less or pleasure or non-commercial craft, which berths at a pier, wharf, bulkhead wharf, river or channel marginal wharf at any national port in the Philippines provided with cargo sheds or which makes fast to any vessel at such wharf, or pier, for the purpose of loading or discharging cargo or for any other purpose except when in distress shall pay a berthing fee of one centavo per registered gross ton of the vessel for the first twenty-four hours or part thereof, and one-half centavo per registered gross ton for each succeeding twenty-four hours or part thereof: Provided, That the maximum charge shall not exceed one hundred pesos for the first day and fifty pesos for each succeeding day or part thereof, nor shall the minimum charge be less than ten pesos for the first day and five pesos for each succeeding day or part thereof: Provided, further, That steam or motor vessels subject to berthing fees as herein prescribed, of less than one hundred gross tons, shall be subject to a minimum charge of not less than two pesos for the first day and one peso for each succeeding day or part thereof.

PART IV
Storage Charges

Section 7. At Manila. (a.) Consignments of merchandise, or parts thereof, which remain in any of the government piers or other customs premises shall be entitled to a free storage period of six working days after the cargo of the vessel from which such merchandise was landed has been officially declared as discharged. After the said free storage period, the storage rate per ton, per day shall be as follows:

Per ton

Merchandise not designated for Examination

Provided, That if an importer or broker demands delivery within the free storage period of six working days by filing his delivery permit and having sufficient means of transportation to withdraw his merchandise from the piers, is prevented from withdrawing the merchandise because of the congestion of the cargo and/or traffic in the piers, the six-day free storage period herein provided shall be extended for the duration of such congestion upon certification by the wharfinger to the Collector of Customs of the existence of such congestion. The Surveyor of the Port, acting in behalf of the Collector of Customs, may, from time to time, extend the six-day free storage period, upon the petition of the importers or brokers, if in his opinion the condition of the piers does not permit movement of merchandise due to congestion or other causes beyond the control of the importers or brokers during that period: Provided, further, That the storage charges on consignments of merchandise for which no entries are filed within ten days after the cargo of the importing vessels has been officially declared as discharged shall be assessed as provided in section ten (i) hereof: Provided, further, That in no case shall storage charged be assessed at less than one peso on any single package of less than 3.334 tons or at less than two pesos on any consignment consisting of two or more packages of less than 6.667 tons for any day or fraction thereof: Provided, finally, That storage charges shall not be collected on merchandise designated for examination, except as provided in subsection (b) hereof.

The Surveyor of the Port, immediately upon receipt of advice of the wharfinger as to the time of the completion of discharge of cargo from a vessel lying alongside the pier or bulkhead, shall cause to be posted a notice at the piers and in the customhouse announcing that fact and giving the date upon which storage charged on cargo from such vessel will begin.

Section 8. At Cebu, Iloilo, Zamboanga, Davao, Jolo, Tabaco, Legaspi, Jose Panganiban, Aparri, Tacloban, San Fernando, and Cagayan de Oro. (a.) Consignments of merchandise, or parts thereof, not designated for examination, which remain on customs premises, government warehouses, or on the piers for more than four working days after the discharge of the last package of the consignment upon the customs wharf or piers, shall pay at the rate of ten centavos per ton per day: Provided, That in no case shall storage charges be assessed at less than thirty-five centavos on any single package of less than 3.334 tons or at less than seventy centavos on any consignment consisting of two or more packages of less than 6.667 tons on any day or fraction thereof.

Section 9. At all Ports of Entry. Packages known as baggage or arriving as such, which remain in customs custody after their receipt on customs premises at any port of entry in the Philippines, including the customs office at Aparri, Tacloban and Jose Panganiban, shall be free from storage charges during the first forty-eight hours after their receipt therein. Thereafter, there shall be paid the following rates per day, including Sundays and holidays:

Provided, That all steamer chairs and wooden frames covered with can, cloth, or canvas, of the folding variety, shall pay at the rate of two centavos each per day, the minimum to be not less than fifteen centavos: Provided, further, That if such baggage, steamer chairs, and wooden frames are held in bond for a period of more than thirty days, storage charges shall accrue thereon from the time of their delivery into customs custody.

Section 10. General Provisions. (a.) Merchandise, supplies or materials imported by any branch of the Philippine Government, except those imported by Philippine government entities which are intended for commercial or profit making purposes, shall be exempt from storage charges: Provided, That whenever such consignments shall have been imported by other than the Philippine Government or branches thereof, or for sale thereto, storage shall be charged thereon as hereinabove provided.

PART V
Arrastre Charges

Section 11. Port of Manila.

Section 12. Port of Cebu.

Section 13. Port of Zamboanga.

Section 14. Port of Davao. (a.) Import Cargo (including transit import cargo.) (1) For receiving imported merchandise, including transit import cargo, from ship's tackle or ex-lighters to the pier or wharf, and rehandling same from said pier or wharf onto consignee's or agent's transportation during the regular office hours, per ton of 40 cu. ft. or 1,000 kilos P2: Provided, That when the service is rendered after office hours or during Sundays or legal holidays, the rate shall be, per ton of 40 cu. ft. or 1,000 kilos P3: Provided, further, That there shall be collected a minimum charge of P1 on merchandise consisting of a single consignment and weighing less than one ton.

Section 15. Port of Iloilo.

Section 16. In all other Ports. The office or agency of the government charged with the supervision, administration and management of all ports in the Philippines, upon the approval of the Department Head, shall fix the rates for the handling, receiving and custody of imported or exported merchandise or the baggages of passengers in all other ports of entry, taking into account the facilities, machinery and equipment available in such port of entry.

Section 17. The provisions of sections eleven, twelve, thirteen, fourteen, fifteen, and sixteen to the contrary notwithstanding, the office or agency of the government charged with the supervision, administration and management of all ports in the Philippines, upon prior approval of the Department Head, may increase or decrease the rates fixed therein in any port of the Philippines, by not more than fifty per cent when such increase or decrease is necessary to protect the interest of the government: Provided, however, That nothing herein contained shall be understood to amend, alter or revoke any contract existing at the time this Act becomes effective.

PART VI
Final Provisions

Section 18. Nothing herein contained shall preclude the agency or office of the government charged with the supervision, administration and management of all ports in the Philippines, upon the approval of the Department Head, from imposing other charges and fees which it may find to be reasonable.

Section 19. The agency or office of the government charged with the supervision, administration and management of all ports in the Philippines, upon approval of the Department Head, shall promulgate all rules and regulations for the collection of all the fees and charges herein provided.

Section 20. Section fourteen of the Philippine Tariff Act of nineteen hundred and nine, as amended; section twelve hundred and fifty-seven and subsections (b) and (c), and paragraphs 1 to 8 of subsection (d) of section fourteen hundred and fourteen of the Revised Administrative Code; Executive Order Numbered Two hundred and fifty-five, dated February twenty-one, nineteen hundred and forty, as amended by Executive Orders Numbered Two hundred seventy, dated April twenty-five, nineteen hundred and forty, and Three hundred sixty-six, dated August thirty, nineteen hundred and forty-one; and Customs Administrative Order Numbered One hundred and ninety, dated December twenty, nineteen hundred and fifty-four, of the Commissioner of Customs, are hereby repealed.

Section 21. This Act shall take effect on July first, nineteen hundred and fifty-five.

Approved: June 18, 1955