Legislation, Executive Orders, and court decisions

Title

Creator

Janda, Robert

Language

English

Source

The American Chamber of Commerce Journal Volume XXIV (No. 1) January 1948

Year

1948

Rights

In Copyright - Educational Use Permitted

Fulltext

The large arrivals caused a softening in local prices and while sales volume was generally satisfactory, prices were in some cases below replacement. Some importers with connections in nearby countries wanted to re-export at prices higher than obtainable locally, but were not suc cessful in obtaining export licenses. The New York market continued firm and in many cases rises were noted. New bookings for the month were well below those of October. Automobiles and Trucks By G. E. Shingledecker Assistant Manager, Ford Motor Company, Manila Branch AUTOMOTIVE production in the United States for the first two weeks of November, 1947, averaged over 102,000 passenger cars and trucks. If this production rate continues through the end of 1947, the industry as a whole will have produced 5,000,000 new units. If the 5,000,000 mark is reached this year, it will be the fifth time in the history of the industry and the first since 1941. Steel-shortages continue to slow all manufacturers’ operations and vital parts are now transported by air express in order to prevent the stopping of assembly lines. With the increased cost of production due to shortages of material, and increased labor and distribution costs, the industry at this time cannot foresee any -decrease in retail prices. The "Big Three” (Ford, General Motors, and Chrysler) are expected to announce several post-war models during the late spring and summer of 1948. Most of the new models will feature streamlined, pontoon-sided bodies, with maxi mum interior room. The industry as a whole is pointed to greater produc tion in 1948, and if the steel situation improves, as it is hoped, total production should be in excess of 5,500,000 units for the next year. Legislation, Executive Orders, and Court Decisions By Robert Janda Ross, Selph, Carrascoso Janda THE Congress of the Philippines will go into session during January of next year and already there are indications of certain legislative trends. According to newspaper reports, the President announced from Baguio the intention of the Administration to introduce legislation substantially raising tax-rates and, particularly sales-tax rates on so-called “luxury” goods. It appears from the statement that the Administration would adopt the tax program outlined in the report of the Joint Philippine American Finance Commission. While the greatly in creased rates are of vital interest to the business community, of even greater importance are the indications that the Administration was adopting a tax program designed for economic ratijer than revenue purposes. There have been reports that legislation proposing much-needed changes in the Securities Act, the Corpora tion Law, and the Mining Law, would be introduced in the coming session of Congress. Tn the cases of Henares v. Cordova and Ma-ao Sugar *■ Central Co. Inc. v. Barrios, the Supreme Court held that the debt moratorium proclaimed in Executive Order No. 25, as amended by Executive Order No. 32, did not have the effect of divesting the courts of jurisdiction to try and to hear claims covered by the orders. The mora torium conferred a personal right upon the debtors which the debtors could waive. However, the Court held that if the defense of the moratorium is raised by the debtor, the effect of such defense is not merely to suspend execu tion of a judgment which might be recovered but to com pletely bar action on the obligation; the Court held that when this defense is raised the trial court must dismiss the case. Tn the case of Tiacho v. Tan Si Kok et al., the Supreme A Court held that Emergency Civilian Administration Order No. 12, prohibiting the increase of the rental of houses and buildings in the City of Greater Manila to more than 25% over the rental prevailing as of the last semester of the year 1941, conferred a right upon the lessee which he could waive. The Court held that the finding of the trial court,—that the rental agreed upon between the parties was reasonable, which was sustained by the Court of Appeals, could no longer be passed upon by the Supreme Court, and that since the parties had agreed upon the same, the fact that it was in excess of the rental allowed by Order No. 12 did not invalidate the agreement. Mr. Justice Perfecto, in a concurring opinion, stated that in his opinion Order No. 12 is unconstitutional and void. T'xuring the past two months, the Director of the Bureau of Commerce has been circulating the Manila repre sentatives of foreign steamship-lines advising them that foreign lines owning vessels calling at Manila ports were engaged in business in the Philippines and must register in accordance with Section 69 of the Corporation Law. Several of the lines have referred the matter to their diplomatic representatives for discussion with the Philip pine Government, contending that international law and usage sanctions the allowance of free access to the ports of a country by vessels registered under the laws of a friendly nation subject only to customs, revenue, and police regula tions, and that the requirement being imposed by the Director of Commerce is contrary to such international law and usage. The matter is still pending between the various governments concerned. It is understood that the Office of the American Ambassador has referred the ques tion to Washington for instructions. 'T'he President, by Executive Order No. 105, authorized A the acting airport administrator at Nichols Field, to sign all contracts of lease involving real properties within the airport on behalf of the Philippine Government. Executive Order No. 106 extended until February 28, 1948, the period within which treasury certificates without the official seal of the Republic stamped, printed, or superimposed thereon may be circulated. Executive Order No. 107 prohibits advance payments on government contracts for services or supplies. Executive Order No. 112 permits the export of sawn lumber on the same terms as the export of logs is now per mitted. Other Chambers of Commerce Chamber of Commerce of the Philippines AFTER listening to the speech of Ambassador Emmet O’Neal of the United States of America, delivered at the luncheon tendered in his honor by the Chamber of Commerce of the Philippines, the members who crowded the elegant Champagne Room of the Manila Hotel, where the gathering was held on November 4, 1947, felt a close attachment to him and to the American Embassy. Who ever is privileged to meet Ambassador O’Neal is instantly attracted to him, because of his simple and unassuming manners and the depth of his cordiality and understanding. Devoid of any vestige of arrogance, his personality, radiat ing sympathy, has endeared him to the Filipinos since his assumption of the important post of American Ambassador. 20

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