Do existing Philippine laws take precedence over UN documents?
Wrong viewpoint: UN documents have no bearing on the Philippine unless the Philippine has agreed to sign it. But once The Philippine governement *signed* the agreement, that agreement becomes part of the Philippine law and the Philippines must follow it, in the same way that when you make an agreement with someone you have to respect it. Otherwise, what would be the point of making an agreement?

According to the Florence agreement, article XIV, the Philippine governement can request to cancel this agreement in writing, and the cancellation would then take effect 1 year thereafter, so if the Philippine ruling bodies believe that this agreement is not in the best interest of the Philippines, they can cancel it by following the procedures laid out to that effect.

But until such a time this agreement is cancelled, it has force of law, and it is a shame that the authorities in charge of applying the law are the ones violating it.

I’d like to simplify things re: this Book Blockade. From what I read, the Florence Agreement is already incorporated into Sec. 105 (s) of Pres. Decree No. 1464. Even the Customs Bureau acknowledged this. It’s just that the DOF inserted provisions or “conditions to be met” in their Doc. Order which are UNLAWFUL.

The law [Sec. 105 (s)] clearly states specific imported books tax exemption. Whether commercial or private use is NOT specified; NOT even the quantity of the imported books.

If we follow the guidelines by the DOF, does religion fall under the education department? no right? so the bible should be one of those things taxed. so too will be books by Pope John Paul II, Mother Theresa, the Dalai Lama, etc.

(Reference: importation_of_books_FAQ pdf downloaded from customsdotgovdotph)

there is repeated mention of the condition “provided that they are not for sale, barter or hire.” This phrase sets the condition when tax is free. But this condition was set NOT by law but only by a Department Order No. 17-09 because…

This particular condition was NEVER mentioned in item “(s)” of the Tariff Law cited above. The same Tariff Law in which the Florence Agreement is already incorporated into its “Section 105 (s).”

The law, I believe, only says that as long as the economic, technical, vocational, scientific, philosophical, historical, and cultural books and/or publications are imported and sold, bartered, hired or used for purposes that they were intended for THEN they are exempted from the payment of import duties.

Joe

If they had taxed THE BIBLE our country would have been swimming in surplus!!!!!

http://www.chanrobles.com/presidentialdecreeno1464.htm

Item (f).
“Provided, That the personal and household effects shall neither be in commercial quantities nor intended for barter, sale or hire…”

Item (g) re: Wearing apparel etc.
“Provided, That this exemption shall not apply to articles intended for other persons or for barter, sale or hire…”

Item (g-1) re: Personal and household effects and vehicles belonging to foreign consultants and experts hired by, and/or rendering service to, the government.
“…for their own use and not for barter, sale or hire…”

Item (h) re: Professional instruments and implements, tools of trade, occupation or employment, wearing apparel, domestic animals, and personal and household effects belonging to persons coming to settle in the Philippines…
“…for their own use and not for barter or sale…”

Item (t) re: Philippine articles previously exported from the Philippines and returned…
“…and not for sale, barter or hire…”

For Item (s), it was ONLY the Department Order No. 17-09 that supplied the phrase “the imported article shall not be for sale, barter, or hire” or, conversely (depending on usage), “intended for sale, barter, or hire.”

No such phrase was specified in Item (s)…

(Reference: importation_of_books_Section_105 pdf downloaded from customsdotgovdotph)

for it is an encompassing provision that Economic, technical, vocational, scientific, philosophical, historical, and cultural books and/or publications ARE EXEMPTED from tax.