Republic Act No. 9640

AN ACT AMENDING SECTION 140 (A) OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS "THE LOCAL GOVERNMENT CODE OF 1991"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. Section 140 of Republic Act No. 7160, otherwise known as "The Local Government Code of 1991", is hereby amended to read as follows:

"SEC. 140. Amusement Tax. - (a) The province may levy an amusement tax to be collected from the proprietors, lessees, or operators of theaters, cinemas, concert halls, circuses, boxing stadia, and other places of amusement at a rate of not more than ten percent (10%) of the gross receipts from the admissions fees

"(b) In the case of theaters or cinemas, the tax shall first be deducted and withheld by their proprietors, lessees, or operators and paid to the provincial treasurer before the gross receipts are devided between said proprietors, lessees, or operators and the distributors of the cinematographic films.

"(c) The holding of operas, concerts, dramas, recitals, paintings, and art exhibitions, flower shows, musical programs, literary and oratorical presentations, except pop, rock, or similar concerts shall be exempt from the payment of the tax herein imposed.

"(d) The sangguniang panlalawigan may prescribe the time, manner, terms and conditions for the payment of tax. In case of fraud or failure to pay the tax, the sangguniang panlalawigan may impose such surcharges, interest and penalties as it may deem appropriate.

"(e) The proceeds from the amusement tax shall be shared equally by the province and the municipality where such amusement places are located."

Section 2. Repealing Clause. - All laws, executive orders, presidential decrees, ordinances, rules and regulations or parts thereof which are inconsistent with any of the provisions of this Actt are hereby repealed, or modified accordingly.

Section 5. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) national newspapers of general circulation.

Approved,

<table data-cellspacing="0" data-border="0" data-cellpadding="3" width="470"> <colgroup> <col style="width: 50%" /> <col style="width: 50%" /> </colgroup> <tbody> <tr> <td width="50%" data-valign="top" height="13"><p>(Sgd.) <strong>JUAN PONCE ENRILE</strong><br /> President of the Senate</p></td> <td width="50%" data-valign="top" height="13"><p>(Sgd.) <strong>PROSPERO C. NOGRALES</strong><br /> Speaker of the House of Representatives</p></td> </tr> </tbody> </table>

This Act which is a consolidation of House Bill No. 5624 and Senate Bill No. 2325 was finally passed by the House of Representatives and the Senate on February 25, 2009 and June 11, 2008, respectively.

<table data-cellspacing="0" data-border="0" data-cellpadding="3" width="470"> <colgroup> <col style="width: 50%" /> <col style="width: 50%" /> </colgroup> <tbody> <tr> <td width="50%" data-valign="top" height="13"><p>(Sgd.) <strong>EMMA LIRIO-REYES</strong><br /> Secretary of Senate</p></td> <td width="50%" data-valign="top" height="13"><p>(Sgd.) <strong>MARILYN B. BARUA-YAP</strong><br /> Secretary General<br /> House of Represenatives</p></td> </tr> </tbody> </table>

Approved:

(Sgd.) GLORIA MACAPAGAL-ARROYO President of the Philippines

Lapsed into law on <u>May 21, 2009</u> Without the signature of the President, In accordance with Article VI, Section 27 (1) of the Constitution