Presidential Decree No. 1889
LEVYING A SURTAX ON EXTRAORDINARY GAINS REALIZED BY OIL COMPANIES FROM PETROLEUM PRODUCTS
WHEREAS, the immediate price increases on the whole range of refined or 
blended petroleum products have brought about extraordinary gains for oil 
companies on account of the sale at higher prices of finished products, 
processed from crude oil and other base stocks, purchased or acquired by them 
before the price adjustment; and  
WHEREAS, a part of such extraordinary and unearned gains should be utilized 
for the benefit of a greater number of our people.
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 the 
following:  
SECTION 1.  Surtax on Extraordinary Gains; Rate of Surtax.   In 
addition to the income tax imposed under Title II of the National Internal 
Revenue Code, there is hereby imposed a surtax of sixty-five (65%) per cent 
on extraordinary gains realized by oil companies as a result of price increases 
authorized for petroleum products, which surtax shall be allowed as part of the 
cost of petroleum product sold on or after November 3, 1983.    
SEC. 2.  Computation of Extraordinary Gains.   The extraordinary 
gains shall be measured by the difference between the approved wholesale posted 
prices of refined petroleum products immediately before the authorized price 
increases and the new posted prices multiplied by the number of units of 
petroleum products existing as of the day of effectivity of the price 
increases.  Extraordinary gains shall also refer to the aggregate increases in 
the value of crude oil and base stocks.   
SEC. 3.  Time, Manner and Place of Payment.   The surtax herein 
imposed shall be paid within thirty (30) days following the promulgation of this 
Decree.  The rules and regulations authorized under Section 5 hereof may provide 
for installment payments.
A return shall be filed at the time of payment with the
Commissioner of Internal Revenue.  
 
SEC. 4.  Penalties.   Failure to pay the tax and to file the 
corresponding tax return as hereinabove specified, as well as any other 
violations of this Decree, shall be subject to surcharges, interests and 
penalties provided under Title II of the National Internal Revenue Code. 
SEC. 5. Rules and Regulations.  The Minister of Finance upon recommendation of the Commissioner of Internal Revenue and in consultation with the Minister of Energy shall promulgate rules and regulations to implement the provisions of this Decree.
SEC. 6.  Repealing Clause.   All acts, decrees, executive and 
administrative orders and other issuances which are inconsistent herewith, are 
hereby repealed or modified accordingly.   
SEC. 7.  Effectivity.   This Decree shall take effect immediately.
Done in the City of Manila, this 3rd day of November nineteen hundred and 
eighty-three.
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