Beruflich Dokumente
Kultur Dokumente
TAXATION
VER. 2010.08.12
copyrighted 2010
How to use the “BAR STAR NOTES.” The “BAR STAR NOTES” in the form of
questions and answers as well as textual discussion were specially prepared by Prof.
Domondon for the exclusive use of Bar Reviewees who attended the 2010 Wrap-Up
Lectures on TAXATIONconducted by Primus Information, Center, Inc., and the Bar
Reviewees of various law schools and Review Centers where he was invited to lecture on
Taxation. Included in the presentation are doctrines contained in Supreme Court decisions
up to April 2010.
The purpose of the ‘BAR STAR NOTES” is to provide the Bar Reviewee with a handy
review material which serves as “memory-joggers” for the September 12, 2010 Bar
Examinations in Taxation. The author tries to second guess what would be included in the Bar
Exams using statistical analysis. The actual Bar questions may not be formulated in the same
manner as the “BAR STAR NOTES”. However, the doctrines tested in the Bar would in all
probability be included in these Notes.
If pressed for time, the author suggests that the reader should focus his attention on
the following:
Nice to know
Should know
Must know and master
It is further suggested that the reader should merely browse those without stars.
The BAR STAR NOTES in TAXATION is the 4 th in the series of Bar Star Notes
the author has prepared for all the eight Bar subjects. The other Bar Star Notes may
be availed of by enrolling in the 2010 Wrap-Up lectures conducted by PRIMUS
INFORMATION CENTER, INC. Please feel free to call Baby, Tel. No. 816-07-68 or 817-84-
49; Leon, Mobile No. 0917-793-6169; Atty. Celia, Mobile No. 0917-790-8406, or Venny,
Mobile No. 0917-337-6479.
WARNING:
These materials are copyrighted and/or based on the writer’s books on Taxation and
future revisions. It is prohibited to reproduce any part of these Notes in any form or any
means, electronic or mechanical, including photocopying without the written permission of
the author. These materials are authorized for the use only of PRIMUS Reviewees and others
who attended the author’s lectures on Taxation. Unauthorized users shall not be prosecuted
but SHALL BE SUBJECT TO THE LAW OF KARMA SUCH THAT THEY WILL NEVER PASS
THE BAR OR WOULD BE UNHAPPY IN LIFE for stealing the intellectual property of the
author.
TAXATION
TAXATION, IN GENERAL
2. What is the nature of the State’s power to tax ? Explain briefly.
SUGGESTED ANSWER: The nature of the state’s power to tax is two-fold. It is both
an inherent power and a legislative power. It is inherent in nature being an attribute of
sovereignty. This is so, because without the taxes, the state’s existence would be imperiled.
There is thus, no need for a constitutional grant for the state to exercise this power. It is a
legislative power because it involves the promulgation of rules. Taxation is a set of rules,
how much is the tax to be paid, who pays the tax, to whom it should be paid, and when the
tax should be paid.
3. What is the underlying theory of taxation ? Explain briefly.
SUGGESTED ANSWER: Taxes are the lifeblood of the nation. Without revenue
raised from taxation, the government will not survive, resulting in detriment to
society. Without taxes, the government would be paralyzed for lack of motive power to
activate and operate it. (Commissioner of Internal Revenue v. Algue, Inc. et al., 158 SCRA
8, 16-17)
4. Marshall said that, “the power to tax involves the power to destroy.” On the
other hand, Holmes stated that “the power to tax is not the
power to destroy while the court sits.” Reconcile the statements. In the
alternative, what are the implications that flow from the above statements ?
SUGGESTED ANSWERS: Marshall’s view refers to a valid tax while the Holmes’ view refers to
an invalid tax.
A. The imposition of a valid tax could not be judicially restrained merely because it would
prejudice taxpayer’s property.
B. An illegal tax could be judicially declared invalid and should not work to prejudice a
taxpayer’s property.
8. How may the power to tax be utilized to carry out the social justice
program of our government ?
SUGGESTED ANSWER: The compensatory purpose of taxation is to implement the social
justice provisions of the constitution through the progressive system of taxation, which would
result to equal distribution of wealth, etc.
Progressive income taxes alleviate the margin between rich and poor. (Southern Cross
Cement Corporation v. Cement Manufacturers Association of the Philippines, et al., G. R. No.
158540, August 3, 2005)
In recent years, the increasing social challenges of the times expanded the scope of
the state activity, and taxation has become a tool to realize social justice and the equitable
distribution of wealth, economic progress and the protection of local industries as well as
public welfare and similar objectives. (Batangas Power Corporation v. Batangas City, et
al., G. R. No. 152675, and companion case, April 28, 2004 citing National Power Corporation
v. City of Cabanatuan, G. R. No. 149110, April 9, 2003)
12. What are the three basic principles of a sound tax system? Explain
each briefly. SUGGESTED ANSWER: The canons of a
sound tax system, also known as the characteristics or, principles of a sound tax system, are
used as a criteria in order to determine whether a tax system is able to meet the purposes or
objectives of taxation. They are:
a. Fiscal adequacy.
b. Administrative feasibility.
c. Theoretical justice.
15. What are the classes or kinds of taxes according to the subject matter or
object ?
SUGGESTED ANSWER:
a. Personal, poll or capitalization – imposed on all residents, whether citizen or
not. Example – Community Tax.
b. Property - Imposed on property. Example – Real property tax.
c. Excise – imposed upon the performance of an act, the enjoyment of a
privilege or the engaging in an occupation. Example – income tax, estate tax.
16. What are the kinds of taxes classified as to who bears the burden
? Explain each briefly.
SUGGESTED ANSWER:
Based on the possibility of shifting the incidence of taxation, or as to who shall bear the burden
of taxation, taxes may be classified into:
a. Direct taxes. Those that are extracted from the very person who, it is
intended or desired, should pay them (Commissioner of Internal Revenue v. Philippine Long
Distance Telephone Company, G. R. No. 140230, December 15, 2005); they are impositions
for which a taxpayer is directly liable on the transaction or business he is engaged in,
(Commissioner of Internal Revenue v. Philippine Long Distance Telephone Company,
supra) which liability cannot be shifted or transferred to another. Example – income tax,
estate tax, donor’s tax, etc.
b. Indirect taxes are those that are demanded in the first instance, from, or
are paid by, one person in the expectation and intention that he can shift the burden to
(Commissioner of Internal Revenue v. Philippine Long Distance Telephone Company, supra)
to someone else not as a tax but as part of the purchase price. (Commissioner, of Internal
Revenue v. American Express International, Inc. (Philippine Branch), G. R. No. 152609, June
29, 2005 citing various cases and authorities) Example – value added tax (VAT), documentary
stamp tax, excise tax, percentage tax, etc.
Is Silkair entitled to the tax refund or credit it seeks ? Reason out your
answer.
SUGGESTED ANSWER: Silkair is not entitled to tax refund or credit for the following
reasons:
a. The excise tax on aviation fuel is an indirect tax. The proper party to question,
or seek a refund of, an indirect tax is the statutory taxpayer, the person on whom the tax is
imposed by law and who paid the same even if he shifts the burden thereof to
another. (Philippine Geothermal, Inc. v. Commissioner of Internal Revenue, G.R. No. 154028,
July 29, 2005, 465 SCRA 308, 317-318) The NIRC provides that the excise tax should be
paid by the manufacturer or producer before removal of domestic products from place of
production. Thus, Petron Corporation, not Silkair, is the statutory taxpayer which is entitled
to claim a refund based on Section 135 of the NIRC of 1997 and Article 4(2) of the Air
Transport Agreement between RP and Singapore.
Even if Petron Corporation passed on to Silkair the burden of the tax, the additional
amount billed to Silkair for jet fuel is not a tax but part of the price which Silkair had to pay
as a purchaser. [Philippine Acetylene Co., Inc. v. Commissioner of Internal Revenue, 127 Phil.
461, 470 (1967)]
b. Silkair could not seek refuge under Maceda v. Macaraig, Jr., G.R. No. 88291,
May 31, 1991, 197 SCRA 771.which upheld the claim for tax credit or refund by the National
Power Corporation (NPC) on the ground that the NPC is exempt even from the payment of
indirect taxes.
In Commissioner of Internal Revenue v. Philippine Long Distance Telephone Company,
G.R. No. 140230, December 15, 2005, 478 SCRA 61 the Supreme Court clarified the ruling
in Maceda v. Macaraig, Jr., viz: It may be so that in Maceda vs. Macaraig, Jr., the Court held
that an exemption from “all taxes” granted to the National Power Corporation (NPC) under
its charter includes both direct and indirect taxes.
An exemption from “all taxes” excludes indirect taxes, unless the exempting statute,
like NPC’s charter, is so couched as to include indirect tax from the exemption. The
amendment under Republic Act No. 6395 enumerated the details covered by NPC’s
exemption. Subsequently, P.D. 380, made even more specific the details of the exemption
of NPC to cover, among others, both direct and indirect taxes on all petroleum products used
in its operation. Presidential Decree No. 938 [NPC’s amended charter] amended the tax
exemption by simplifying the same law in general terms. It succinctly exempts NPC from “all
forms of taxes, duties, fees…” The use of the phrase “all forms” of taxes demonstrates the
intention of the law to give NPC all the tax exemptions it has been enjoying before.
The exemption granted under Section 135 (b) of the NIRC of 1997 and Article 4(2) of
the Air Transport Agreement between RP and Singapore cannot, without a clear showing of
legislative intent, be construed as including indirect taxes. Statutes granting tax exemptions
must be construed in strictissimi juris against the taxpayer and liberally in favor of the taxing
authority, and if an exemption is found to exist, it must not be enlarged by
construction. (Silkair (Singapore) PTE, Ltd., v. Commissioner of Internal Revenue, G.R. No.
173594, February 6, 2008)
INHERENT LIMITATIONS
c. For voters, there must be a showing of obvious interest in the validity of the
election law in question.
d. For concerned citizens, there must be a showing that the issues raised are of
transcendental importance which must be settled early.
e. For legislators, there must be a claim that the official action complained of
infringes upon their prerogatives as legislators. (David, et al., v. President Gloria Macapagal-
Arroyo, etc., et al., G. R. No. 171396, May 3, 2006)
5. Only those directly affected have locus standi to impugn the alleged
encroachment by the executive department into the legislative domain of Congress.
a. Only those who shall be directly affected by such executive encroachment,
such as for example employees who would find themselves subject to disciplinary powers that
may be imposed under the questioned Executive Order as they have a direct and specific
interest in raising the substantive issue therein (Automotive Industry Workers Alliance
(AIWA),etc., et al., v. Romulo, etc. ,et al., G. R. No. 157509, January 18, 2005) or employees
who are going to be demoted, transferred or otherwise affected by any personnel action
subject o the rule on exhaustion of administrative remedies.
b. Moreover, and if at all, only Congress, can claim any injury from the alleged
executive encroachment of the legislative function to amend, modify and/or repeal laws.
(Automotive Industry Workers Alliance (AIWA),etc., et al., supra, citing Gonzales v.
Narvasa, G. R. No. 140835, August 14,2000, 337 SCRA 733, 741)
7. The VAT law provides that, the President, upon the recommendation of
the Secretary of Finance, shall, effective January 1, 2006, raise the rate of value-
added tax to twelve percent (12%) after any of the following conditions have been
satisfied. “(i) value-added tax collection as a percentage of Gross Domestic Product
(GDP) of the previous year exceeds two and four-fifth percent (2 4/5%) or
(ii) national government deficit as a percentage of GDP of the previous year exceeds
one and one-half percent (1 ½%).”
Was there an invalid delegation of legislative power ?
SUGGESTED ANSWER: No. There is no undue delegation of legislative power but only
of the discretion as to the execution of the law. This is constitutionally permissible.
Congress does not abdicate its functions or unduly delegate power when it describes
what job must be done, who must do it, and what is the scope of his authority. In the above
case the Secretary of Finance becomes merely the agent of the legislative department, to
determine and declare the even upon which its expressed will takes place. The President cannot
set aside the findings of the Secretary of Finance, who is not under the conditions acting as the
execute alter ego or subordinate. . [Abakada Guro Party List (etc.) v. Ermita, etc., et al., G.
R. No. 168056, September 1, 2005 and companion cases citing various cases]]
10. Taxing power of the local government is limited. The taxing power of
local governments is limited in the sense that Congress can enact legislation granting tax
exemptions.
While the system of local government taxation has changed with the onset of the 1987
Constitution, the power of local government units to tax is still limited.
While the power to tax by local governments may be exercised by local legislative
bodies, no longer merely by virtue of a valid delegation as before, but pursuant to direct
authority conferred by Section 5, Article X of the Constitution, the basic doctrine on local
taxation remains essentially the same, “the power to tax is [still] primarily vested in the
Congress.” (Quezon City, et al., v. ABS-CBN Broadcasting Corporation, G. R. No. 166408,
October 6, 2008 citing City Government of Quezon City, et al. v. Bayan Telecommunications,
Inc., G.R. No. 162015, March 6, 2006, 484 SCRA 169 in turn referring to Mactan Cebu
International Airport Authority, v. Marcos, G.R. No. 120082, September 11, 1996, 261 SCRA
667, 680)
18. Obama Airlines, Inc., a foreign airline company which does not
maintain any flight to and from the Philippines sold air tickets in the Philippines,
through a general sales agent, relating to the carriage of passengers and cargo
between two points, both outside the Philippines.
a. Is Obama, Inc., subject to income taxes on the sale of the tickets ?
SUGGESTED ANSWER: Yes. The source of income which is taxable is that “activity”
which produced the income. The ”sale of tickets” in the Philippines is the activity that
determines whether such income is taxable in the Philippines.
The tickets exchanged hands here and payments for fares were also made here in
Philippine currency. The situs of the source of payments is the Philippines. the flow of wealth
proceeded from and occurred, within the Philippine territory, enjoying the protection accorded
by the Philippine Government. In consideration of such protection, the flow of wealth should
share the burden of supporting the government. [Commissioner of Internal Revenue v. British
Overseas Airways Corporation (BOAC), 149 SCRA 395]
Off-line air carriers having general sales agents in the Philippines are engaged in or
doing business in the Philippines and their income from sales of passage documents here is
income from within the Philippines. Thus, the off-line air carrier liable for the 32% (now 30%)
tax on its taxable income. [South African Airways v. Commissioner of Internal Revenue, G.R.
No. 180356, February 16, 2010 citing Commissioner of Internal Revenue v. British Overseas
Airways Corporation (British Overseas Airways), No. L-65773-74, April 30, 1987, 149 SCRA
395]
b. Supposing that Obama, Inc., sells tickets outside of the Philippines for
passengers it carry from Gold City, South Africa to the Philippines but returns to South
Africa without any cargo or passengers. Would it then be subject to any Philippine
tax on such sales ?
SUGGESTED ANSWER: It would not be subject to any tax. It is not subject to any
income tax because the activity which generated the income (the sale of the tickets) was
performed outside of the Philippines.
It is not subject to the carrier’s tax based on gross Philippine billings because there were
no lifts that originated from the Philippines. “Gross Philippine Billings” refers to the amount of
gross revenue derived from carriage of persons, excess baggage, cargo and mail originating
from the Philippines in a continuous and uninterrupted flight, irrespective of the place of sale
or issue and the place of payment of the ticket or passage document.” [NIRC of 1997, Sec.
28(A)(3)(a)]
c. Would your answer be the same if Obama, Inc. sold tickets outside of
the Philippines for travelers who are going to picked up by Obama, Inc., planes from
the Diosdado Macapagal Intl. Airport at Clark, Angeles, Pampanga, bound for Nairobi,
Kenya ? Reason out your answer.
SUGGESTED ANSWER: No more. This time Obama, Inc., would be subject to the
carrier’s tax based on Gross Philippine Billings. (GPB).
“Gross Philippine Billings” refers to the amount of gross revenue derived from carriage
of persons, excess baggage, cargo and mail originating from the Philippines in a continuous
and uninterrupted flight, irrespective of the place of sale or issue and the place of payment
of the ticket or passage document.” [NIRC of 1997, Sec. 28(A)(3)(a)]
The place of sale is irrelevant; as long as the uplifts of passengers and cargo occur
from the Philippines, income is included in GPB. (South African Airways v. Commissioner of
Internal Revenue, G.R. No. 180356, February 16, 2010)
10. The strict scrutiny (or compelling interest) test used in order to
determine the validity of the classification. Government regulation that intentionally
discriminates against a “suspect class” such as racial or ethnic minorities, is subject to strict
scrutiny and considered to violate the equal protection clause unless found necessary to
promote a compelling state interest.
A classification is necessary when it is narrowly drawn so that no alternative, less
burdensome means is available to accomplish the state interest.
Thus, it was held that denial of free public education to the children of illegal aliens
imposes an enormous and lasting burden based on a status over which the children have no
control is violative of equal protection because there is no showing that such denial furthers
a “substantial” state goal. (Plyler v. Doe, 457 U.S. 202)
11. The intermediate level of scrutiny (or quasi-suspect class) test used
in order to determine the validity of he classification. Classification based on gender
or legitimacy are not “suspect,” but neither are they judged by the traditional or rational basis
test.
Intentional discriminations against members of a quasi-suspect class violate equal
protection unless they are substantially related to important government objectives. (Craig
v. Boren, 429 U.S. 190)
Thus, a state law granting a property tax exemption to widows, but not widowers,
has been held valid for it furthers the state policy of cushioning the financial impact of spousal
loss upon the sex for whom that loss usually imposes a heavier burden. (Kahn v. Shevin, 416
U.S. 351)
12. Equality and uniformity of taxation may mean the same as equal
protection. In such a case, the terms would mean that all subjects and objects of taxation
which are similarly situated shall be subject to the same burdens and granted the same
privileges without any discrimination whatsoever.
13. It is inherent in the power to tax that the State be free to select the
subjects of taxation, and it has been repeatedly held that, "inequalities which result from a
singling out of one particular class of taxation, or exemption, infringe no constitutional
limitation." (Commissioner of Internal Revenue, et al., v. Santos, et al., 277 SCRA 617)
10. The rewards law to tax collectors does not violate equal
protection. The equal protection clause recognizes a valid classification, that is, a
classification that has a reasonable foundation or rational basis and not arbitrary. With respect
to RA 9335, it’s expressed public policy is the optimization of the revenue-generation
capability and collection of the BIR and the BOC. Since the subject of the law is the revenue-
generation capability and collection of the BIR and the BOC, the incentives and/or sanctions
provided in the law should logically pertain to the said agencies. Moreover, the law concerns
only the BIR and the BOC because they have the common distinct primary function of
generating revenues for the national government through the collection of taxes, customs
duties, fees and charges.
Indubitably, such substantial distinction is germane and intimately related to the
purpose of the law. Hence, the classification and treatment accorded to the BIR and the BOC
under RA 9335 fully satisfy the demands of equal protection. (ABAKADA Guro Party List, etc.,
v. Purisima, etc., et al., G. R. No. 166715, August 14, 2008)
11. The prosecution of one guilty person while others equally guilty are
not prosecuted, however, is not, by itself, a denial of the equal protection of the
laws. Where the official action purports to be in conformity to the statutory classification, an
erroneous or mistaken performance of the statutory duty, although a violation of the statute,
is not without more a denial of the equal protection of the laws.
The unlawful administration by officers of a statute fair on its face, resulting in its
unequal application to those who are entitled to be treated alike, is not a denial of equal
protection unless there is shown to be present in it an element of intentional or purposeful
discrimination. This may appear on the face of the action taken with respect to a particular
class or person, or it may only be shown by extrinsic evidence showing a discriminatory design
over another not to be inferred from the action itself.
(Santos v. People, et al, G. R. No. 173176, August 26, 2008)
14. A lawful tax on a new subject, or an increased tax on an old one, does
not interfere with a contract or impairs its obligation, within the meaning of the
constitution. (Tolentino v. Secretary of Finance, et al., and companion cases, 235 SCRA 630)
18. The primary reason for the withdrawal of tax exemption privileges
granted to government owned and controlled corporations and all other units of
government was that such privilege resulted to serious tax base erosion and distortions in the
tax treatment of similarly situated enterprises, hence resulting in the need for these entities to
share in the requirements of development, fiscal or otherwise, by paying the taxes and other
charges due them. (Philippine Ports Authority v. City of Iloilo, G. R. No. 109791, July 14, 2003)
20. “In lieu of all taxes” in the franchise of ABS-CBN does not exempt it
from local franchise taxes. It does not expressly provide what kind of taxes ABS-CBN is
exempted from. It is not clear whether the exemption would include both local, whether
municipal, city or provincial, and national tax. Whether the “in lieu of all taxes provision”
would include exemption from local tax is not unequivocal.
The right to exemption from local franchise tax must be clearly established and cannot
be made out of inference or implications but must be laid beyond reasonable doubt. Verily,
the uncertainty in the “in lieu of all taxes” provision should be construed against ABS-
CBN. ABS-CBN has the burden to prove that it is in fact covered by the exemption so claimed
but has failed to do so. (Quezon City, et al., v. ABS-CBN Broadcasting Corporation, G. R. No.
166408, October 6, 2008)
NOTES AND COMMENTS: This is practically the same holding in an earlier
case involving another telecommunications company Smart Communications, Inc. v. The
City of Davao, etc., et al., G. R. No. 155491, September 16, 2008. The author opines that
since practically all franchises granted to telecommunications companies are similarly worded
that the above doctrine finds application to the others.)
21. “In lieu of all taxes” refers to national internal revenue taxes and
not to local taxes. The “in lieu of all taxes” clause applies only to national internal revenue
taxes and not to local taxes. As appropriately pointed out in the separate opinion of Justice
Antonio T. Carpio in a similar case involving a demand for exemption from local franchise
taxes:
[T]he "in lieu of all taxes" clause in Smart's franchise refers only to taxes, other than
income tax, imposed under the National Internal Revenue Code. The "in lieu of all taxes"
clause does not apply to local taxes. The proviso in the first paragraph of Section 9 of Smart's
franchise states that the grantee shall "continue to be liable for income taxes payable under
Title II of the National Internal Revenue Code." Also, the second paragraph of Section 9
speaks of tax returns filed and taxes paid to the "Commissioner of Internal Revenue or his
duly authorized representative in accordance with the National Internal Revenue Code."
Moreover, the same paragraph declares that the tax returns "shall be subject to audit by the
Bureau of Internal Revenue." Nothing is mentioned in Section 9 about local taxes. The clear
intent is for the "in lieu of all taxes" clause to apply only to taxes under the National Internal
Revenue Code and not to local taxes. Even with respect to national internal revenue taxes,
the "in lieu of all taxes" clause does not apply to income tax.
If Congress intended the "in lieu of all taxes" clause in Smart's franchise to also apply
to local taxes, Congress would have expressly mentioned the exemption from municipal and
provincial taxes. Congress could have used the language in Section 9(b) of Clavecilla's old
franchise, as follows:
x x x in lieu of any and all taxes of any kind, nature or description levied, established
or collected by any authority whatsoever, municipal, provincial or national, from which the
grantee is hereby expressly exempted, x x x. (Emphasis supplied).
However, Congress did not expressly exempt Smart from local taxes. Congress used
the "in lieu of all taxes" clause only in reference to national internal revenue taxes. The only
interpretation, under the rule on strict construction of tax exemptions, is that the "in lieu of
all taxes" clause in Smart's franchise refers only to national and not to local taxes. [Smart
Communications, Inc. v. The City of Davao, etc., et al., G. R. No. 155491, September 16,
2008 citing Philippine Long Distance Telephone Company, Inc. v. City of Davao, 447 Phil. 571,
594 (2003)]
NOTES AND COMMENTS: The author opines that the above finds application to all
telecommunications companies.
22. The “in lieu of all taxes” clause in the franchise of ABS-CBN has
become functus officio with the abolition of the franchise tax on broadcasting
companies with yearly gross receipts exceeding Ten Million Pesos. The clause “in
lieu of all taxes” does not pertain to VAT or any other tax. It cannot apply when what is paid
is a tax other than a franchise tax. Since the franchise tax on the broadcasting companies
with yearly gross receipts exceeding ten million pesos has been abolished, the “in lieu of all
taxes” clause has now become functus officio, rendered inoperative. (Quezon City, et al., v.
ABS-CBN Broadcasting Corporation, G. R. No. 166408, October 6, 2008)
NOTES AND COMMENTS: This is practically the same holding in an earlier
case involving another telecommunications company. Smart Communications, Inc. v. The
City of Davao, etc., et al., G. R. No. 155491, September 16, 2008. The author opines that
since practically all franchises granted to telecommunications companies are similarly worded
that the above doctrine finds application to the others.)
23. Double taxation in its generic sense, this means taxing the same
subject or object twice during the same taxable period. In its particular sense, it may
mean direct duplicate taxation, which is prohibited under the constitution because it violates
the concept of equal protection, uniformity and equitableness of taxation. Indirect duplicate
taxation is not anathematized by the above constitutional limitations.
authority, etc., there is no violation of the equal protection clause because all subjects and
objects that are similarly situated are subject to the same burdens and granted the same
privileges without any discrimination whatsoever,
The presence of the 2nd element, taxing all of the subjects and objects for the first time,
without taxing all for the second time, results to discrimination among subjects and objects that
are similarly situated, hence violative of the equal protection clause.
25. Double taxation a valid defense against the legality of a tax measure if the
double taxation is direct duplicate taxation, because it would violate the equal protection
clause of the constitution.
26. When an item of income is taxed in the Philippines and the same
income is taxed in another country, this would be known as international juridical
double taxation which is the imposition of comparable taxes in two or more states on the
same taxpayer in respect of the same subject matter and for identical grounds. (Commissioner
of Internal Revenue v. S.C. Johnson and Son, Inc., et al., G.R. No. 127105, June 25, 1999)
28. Tax credit generally refers to an amount that is subtracted directly from one’s
total tax liability, an allowance against the tax itself, or a deduction from what is owned.
A tax credit reduces the tax due, including –whenever applicable – the income tax that
is determined after applying the corresponding tax rates to taxable income. (Commissioner of
Internal Revenue v. Central Luzon Drug Corporation, G. R. No. 159647, April 15, 2005)
29. A tax deduction is defined as a subtraction fro income for tax purposes, or
an amount that is allowed by law to reduce income prior to the application of the tax rate to
compute the amount of tax which is due.
A tax deduction reduces the income that is subject to tax in order to arrive at taxable
income. (Commissioner of Internal Revenue v. Central Luzon Drug Corporation, G. R. No.
159647, April 15, 2005)
30. The petitioners allege that the R-VAT law is constitutional because the
Bicameral Conference Committed has exceeded its authority in including provisions
which were never included in the versions of both the House and Senate such as
inserting the stand-by authority to the President to increase the VAT from 10% to
12%; deleting entirely the no pass-on provisions found in both the House and Senate
Bills; inserting the provision imposing a 70% limit on the amount of input tax to be
credited against the output tax; and including the amendments introduced only by
Senate Bill No. 1950 regarding other kinds of taxes in addition to the value-added
tax. Thus, there was a violation of the constitutional mandate that revenue bills shall
originate exclusively from the House of Representatives.
Are the contentions of such weight as to constitute grave abuse of discretion
which may invalidate the law ? Explain briefly.
SUGGESTED ANSWER: No. There was no grave abuse of discretion because all the
changes and modifications made by the Bicameral Conference Committee were germane to
subjects of the provisions referred to it for reconciliation.
The Bicameral Conference Committee merely exercised the judicially recognized long-
standing legislative practice of giving said conference committee ample latitude for
compromising differences between the Senate and the House. [Abakada Guro Party List (etc.)
v. Ermita, etc., et al., G. R. No. 168056, September 1, 2005 and companion cases]
31. The VAT while regressive is NOT violative of the mandate to evolve a
progressive system of taxation. Do you agree ? The mandate to Congress is not to
prescribe but to evolve a progressive system of taxation. Otherwise, sales taxes which perhaps
are the oldest form of indirect taxes, would have been prohibited with the proclamation of the
constitutional provision. Sales taxes are also regressive. . [Abakada Guro Party List (etc.) v.
Ermita, etc., et al., G. R. No. 168056, September 1, 2005 and companion cases citing Tolentino
v. Secretary of Finance, et al., G. R. No. 115455, August 25, 1994, 235 SCRA 630]