Article 125p. 125

NATIONAL INTERNAL REVENUE CODE TAXATION, TARIFF and CUSTOMS LAWS

collected on vessels entering through stress of weather,

duress or other urgent necessities.

SECTION 1214. Entry and Clearance of Vessels of a

Foreign Government. — The entry and clearance of

transport or supply ship of a foreign government shall be

in accordance with the agreement by and between the

Philippines and the foreign government.

SECTION 1215. Clearance of Vessel for Foreign Port.

— Before a clearance shall be granted to any vessel

bound to a foreign port, the master or the agent thereof

shall

present

to

the

District

Collector the following

properly authenticated documents:

(a) A bill of health from the quarantine officer or

officer of the public health service in the port;

(b) Three (3) copies of the manifest of export cargo,

one of which, upon certification by the customs officer as

to the correctness of the copy, shall be returned to the

master;

(c) Two (2) copies of the passengers list, showing

foreigners and other passengers;

(d) The register and shipping goods, if the vessel is of

Philippine registry;

(e) Clearance issued by the last port of entry; and

(f)

A

certificate

from

the

Philippine

Postal

Corporation to the effect that it received timely notice of

the sailing of the vessel: Provided, That the District

Collector shall not permit any vessel to sail for a foreign

port if the master or agent thereof refuses to receive bags

of mail delivered to the same by the Philippine Postal

Corporation for transport upon reasonable compensation.

In case the Postmaster General and the master or agent

do not come to an agreement concerning the amount of

the compensation to be paid for the carriage of the mail,

the matter shall be submitted for decision to a Board of

Referees

to

be

composed

of

three

(3)

members

appointed,

respectively,

by

the

Philippine

Postal

Corporation, the agency of the company to which the

vessel concerned belongs, and the Bureau, who shall fix a

reasonable rate of compensation.

SECTION

1216.

Detention

of

Warlike

Vessel

Containing Arms and Munitions. — District Collectors

shall report to the proper authorities or detain any vessel

of

commercial

registry

manifestly

built

for

warlike

purposes and about to depart from the Philippines with a

cargo consisting principally of arms and munitions of war,

when the number of men shipped on board or other

circumstances render it probable that such vessel is

intended to be employed by the owner or owners to

cruise or commit hostilities upon the subjects, citizens, or

property of any foreign principality or state, or of any

colony, district, or people with whom the Philippines is at

peace,

until

the

decision

of

the

President

of

the

Philippines is rendered thereon, or until the owner or

owners shall give a security, in double the value of the

vessel and cargo, that it will not be so employed, if in the

discretion of the District Collector such security will

prevent the violation of the provisions of this section.

SECTION 1217. Oath of Master of Departing Vessel.

— The master of a departing vessel shall state under oath

that:

(a) All cargoes conveyed on the vessel, destined for

the Philippines, have been duly discharged or accounted

for;

(b) A true copy of the outgoing cargo manifest has

been furnished to the Bureau;

(c) No letters or packets, not enclosed in properly

stamped envelope sufficient to cover postage, have been

received or will be conveyed, except those relating to the

vessel; and that all mails placed on board the vessel

before its last clearance from the Philippines have been

delivered at the proper foreign port; and

(d) If clearing without passenger, the vessel will not

carry upon the instant voyage, from the Philippine port,

any passenger of any class, or other person not entered

upon the ship's declaration.

SECTION 1218. Extension of Time for Clearance. — At

the time of clearance, the master of a departing vessel

shall

be

required

to

indicate

the time of intended

departure,

and

if

the

vessel should remain in port

forty-eight (48) hours after the time indicated, the master

shall report to the District Collector for an extension of

time

of

departure,

and without such extension the

original clearance shall be nullified.

SECTION 1219. Advance Notice of Aircraft Arrival. —

(A) Nonscheduled Arrivals. — Before an aircraft comes

into any area in the Philippines from any place outside

thereof, a timely notice of the intended flight shall be

furnished to the District Collector or other customs

officer-in-charge at or nearest the intended place of first

landing,

and

to

the

quarantine

and

immigration

officers-in-charge at or nearest such place of landing. If

dependable facilities for giving notice are not available

before departure, the use of any radio equipment shall be

appropriate as long as it will result in the giving of

adequate and timely notice of the aircraft's approach,

otherwise landing shall be made at a place equipped

with navigational facilities. If, upon landing in any area,

the

government

officers

have

not

arrived,

the

pilot-in-command

shall

hold

the

aircraft

and

any

baggage

and

goods

thereon

intact

and

keep

the

passengers and crew members in a segregated place

until the inspecting officers arrive.

(B) Scheduled Arrivals. — Such advance notice will not

be required in the case of an airline arriving in accordance

with the regular schedule filed with the District Collector

for the Customs District in which the place of first landing

area

is

situated,

and

also with the quarantine and

immigration officers-in-charge of such place.

SECTION 1220. Landing at International Airport of

Entry. — Except in case of emergency or forced landings,

aircraft arriving in the Philippines from any foreign port or

place shall make the first landing at an international

airport of entry, unless permission to land elsewhere

other than at an international airport of entry is first

obtained from the Commissioner. In such cases, the

owner, operator, or person in charge of the aircraft shall

pay the expenses incurred in inspecting the aircraft,

goods, passengers, and baggage carried thereon, and

such aircraft shall be subject to the authority of the

District

Collector

at

the

airport

while

within

its

jurisdiction.

Should an emergency or forced landing be made by

an aircraft coming into the Philippines at a place outside

the jurisdiction of the latter, the pilot-in-command shall

not allow goods, baggage, passenger, or crew member to

be removed or to depart from the landing place without

permission of a customs officer, unless such removal or

departure

is

necessary

for

purposes

of

safety,

communication with customs officers, or preservation of

life, health, or property. As soon as practicable, the

pilot-in-command, or a member of the crew-in-charge, or

the owner of the aircraft, shall communicate with the

customs officer at the intended place of first landing or at

the nearest international airport or other customs port of

entry

in

the

area

and

make

a

full

report

of

the

circumstances of the flight and of the emergency or

forced landing.

SECTION 1221. Report of Arrival and Entry of Aircraft.

— The pilot-in-command of any aircraft arriving from a

foreign port or place shall immediately report its arrival to

the District Collector at the airport of entry or to the

customs officer detailed to meet the aircraft at the place

of

first

landing.

Upon

arrival, such aircraft shall be

boarded by a quarantine officer, and after pratique or

health

clearance

is

granted, shall be boarded by a

customs

officer;

subsequently

no

person

shall

be

permitted to board or leave the aircraft without the

permission of the customs officer. The pilot-in-command

or any other authorized agent of the owner or operator of

the aircraft shall make the necessary entry. No such

© Compiled by RGL

125 of 201