Beruflich Dokumente
Kultur Dokumente
The issue is whether the provisions of the WTO Agreement contravene the ISSUE: W/N the provisions of the WTO contravene the Constitution? NO.
Constitution. The SC said that the Constitution did not intend to pursue an
isolationist policy. It did not shut out foreign investments, goods and services in RATIO:
the development of the Philippine economy. While the Constitution does not 1. The constitutional policy of a "self-reliant and independent national
encourage the unlimited entry of foreign goods, services and investments into the economy" does not necessarily rule out the entry of foreign investments,
country, it does not prohibit them either. goods and services. It contemplates neither "economic seclusion" nor
"mendicancy in the international community."
The basic principles underlying the WTO Agreement recognize the need of 2. The WTO reliance on "most favored nation," "national treatment," and
developing countries like the Philippines to "share in the growth in international "trade without discrimination" cannot be struck down as
trade commensurate with the needs of their economic development." The General unconstitutional as in fact they are rules of equality and reciprocity that
Agreement on Tariffs and Trade has provided built-in protection from unfair foreign apply to all WTO members. Aside from envisioning a trade policy based
on "equality and reciprocity," the fundamental law encourages industries
1
The WTO Agreement provides that" (e)ach Member shall ensure the conformity of
its laws, regulations and administrative procedures with its obligations as provided
in the annexed Agreements."
that are "competitive in both domestic and foreign markets," thereby
demonstrating a clear policy against a sheltered domestic trade
environment, but one in favor of the gradual development of robust
industries that can compete with the best in the foreign markets. Indeed,
Filipino managers and Filipino enterprises have shown capability and
tenacity to compete internationally. And given a free trade environment,
Filipino entrepreneurs and managers in Hongkong have demonstrated
the Filipino capacity to grow and to prosper against the best offered
under a policy of laissez faire.
violates the rule on uniformity since it only applies to those vehicles registered or “operating”
in MM but not tho those who are registered in another place but frequent MM. (a member of said association and operator of trucks in Manila) challenge
[32] ASSOCIATION OF CUSTOM BROKERS V. MUNICIPAL BOARD the validity of Ordinance No. 3379 on the following grounds: (1) while it
levies a property tax, it is in reality a license tax which is beyond the power
GR No. L-4376 | May 22, 1953 | Uniformity of Taxation | Irish of the Municipal Board of Manila; (2) the ordinance offends against the
Petitioner: ASSOCIATION OF CUSTOMS BROKERS, INC. and G. MANLAPIT, INC. rule of uniformity of taxation; and (3) it constitutes double taxation.
Respondents: THE MUNICIPALITY BOARD, THE CITY TREASURER, THE CITY 3. It is also contended that this power is broad enough to confer upon the
ASSESSOR and THE CITY MAYOR, all of the City of Manila City of Manila the power to enact an ordinance imposing the property tax
on motor vehicles operating within the city limits.
Recit-Ready: Municipal Board of Manila passed Ordinance No. 3379, which 4. The Municipal Board contends that the Ordinance imposes a property tax
imposes taxes on motor vehicles operating within Manila with the main purpose of which is within the power of the City of Manila to impose under its Revised
raising funds to be expended exclusively for the repair, maintenance and Charter [Section 18 (p) of R.A. 409], and that the tax in question does not
improvement of the streets and bridges in said city. The Association of Customs violate the rule of uniformity of taxation, nor does it constitute double
Brokers, Inc., composed of all brokers and public service operators of motor taxation.
vehicles in Manila, and G. Manlapit, Inc. (a member of said association and operator 5. The CFI of Manila dismissed the petition. Hence, this appeal.
of trucks in Manila) challenge the validity of the Ordinance as it infringes on the rule
of uniformity of taxation. ISSUES: WoN the imposition of a property tax on motor vehicles operating in
Manila infringed on the rule of uniformity of taxation – YES.
Doctrine: The Court held that the Ordinance also infringes the rule of the uniformity
of taxation ordained by our Constitution. Since the Ordinance exacts the tax upon RATIO:
all motor vehicles operating within Manila, it does not distinguish between a motor
vehicle registered in Manila and one registered in another place but occasionally 1. Sec. 70(b) of the Motor Vehicles Law provides that no fees may be
exacted or demanded for the operation of any motor vehicle other than
comes to Manila and uses its streets and public highways.
those therein provided, the only exception being that which refers to the
A distinction is important since the purpose of the Ordinance is only to burden those property tax which may be imposed by a municipal corporation. This
registered in Manila. The ordinance equally applies to motor vehicles who come to provision applies to all motor vehicles.
Manila for a temporary stay or for short errands, and it cannot be denied that they 2. Hence, Sec. 70(b) of the Motor Vehicles Law should be construed as
contribute in no small degree to the deterioration of the streets and public highway. limiting the broad grant of power conferred upon the City of Manila by its
The fact that they are benefited by their use they should also be made to share the Charter to impose taxes.
corresponding burden. And yet such is not the case. This is an inequality which 3. While the Ordinance refers to property tax and it is fixed ad valorem, it is
renders it offensive to the Constitution. merely levied on motor vehicles operating within Manila with the main
purpose of raising funds to be expended exclusively for the repair,
maintenance and improvement of the streets and bridges in said city.
FACTS: 4. The Motor Vehicle Law intends to prevent this, as the municipal
corporation already raises proceeds for the same purpose. Thus, this
1. The Municipal Board of the City of Manila passed Ordinance No. 3379
prohibition is intended to prevent duplication in the imposition of fees for
under the authority conferred by section 18 (p) of Republic Act No. 409
the same purpose. The Ordinance merely imposes a license fee although
(Charter), which confers upon the municipal board the power "to tax motor
under the cloak of an ad valorem tax to circumvent the prohibition.
and other vehicles operating within the City of Manila the provisions of
5. The Ordinance also infringes the rule of the uniformity of taxation
any existing law to the contrary notwithstanding."
ordained by our Constitution (Art. VI, Sec. 28).
2. The Association of Customs Brokers, Inc., composed of all brokers and
6. Since the Ordinance exacts the tax upon all motor vehicles operating
public service operators of motor vehicles in Manila, and G. Manlapit, Inc.
within Manila, it does not distinguish between a motor vehicle for hire and
one which is purely for private use. Neither does it distinguish between a
motor vehicle registered in Manila and one registered in another place but
occasionally comes to Manila and uses its streets and public highways.
7. A distinction is important since the purpose of the Ordinance is only to
burden those registered in Manila as may be inferred from the word
"operating" used therein.
8. The word "operating" denotes a connotation which is akin to a Operating connotes registration because a motor
registration, for under the Motor Vehicle Law no motor vehicle can be vehicle cannot be operated without paying the pr-
oper registration fees.
operated without previous payment of the registration fees.
9. The ordinance equally applies to motor vehicles who come to Manila for
a temporary stay or for short errands, and it cannot be denied that they
contribute in no small degree to the deterioration of the streets and public
highway.
10. The fact that they are benefited by their use they should also be made to
share the corresponding burden. And yet such is not the case. This is an
inequality which renders it offensive to the Constitution.
The uniformity rule does not forbid classification as long as it’s not arbitrary. The legislature has the
power to decide the nature, object, coverage, rate, and place of taxation.
a. Article 6, Section 26(1) — Every bill passed by the Congress
[33] Tan v Del Rosario shall embrace only one subject… (Not IMPT)
G.R. No. 109289 | October 3, 1994 | Uniformity of Taxation | Abi b. Article 6, Section 28(1) — The rule of taxation shall be uniform
and equitable. The Congress shall evolve a progressive system
G.R. No. 109289
of taxation.
PETITIONER: Rufino R. Tan
c. Article 3, Section 1 — No person shall be deprived of . . .
G.R. No. 109446
property without due process of law… (NOT IMPT)
PETITIONER: Carag, Caballes, Jamora snd Somera Law Offices, Carlo A. Carag,
3. G.R. No. 109446: Assails Section 6 of Revenue Regulations No. 2-93,
Manuelito O. Caballes, Elpidio C. Jamora, Jr. and Benjamin A. Somera, Jr
argue that respondents have exceeded their rule-making authority in
vs
applying S NIT to general professional partnerships.
RESPONDENT: Ramon R. Del Rosario, Jr., as Secretary of Finance & Jose U. Ong,
4. Petitioners intimates that SNIT desecrates the constitutional
as Commissioner Of Internal Revenue
requirement that taxation "shall be uniform and equitable" in that the law
would now attempt to tax single proprietorships and professionals
Recit-Ready: 2 petitions were filed challenging the constitutionality of RA 7496 or
differently from the manner it imposes the tax on corporations and
the Simplified Net Income Taxation Scheme ("SNIT"). The petitioners assails that
partnerships. ISSUES: Whether taxing single proprietorship and
the SNIT violates the constitutional rule on Uniformity of Taxation by taxing single
professional different from corporations and panterships violate the rule
proprietorship and professionals differently from corporations and partnerships.
on uniformity of taxation? No.
The SC ruled that there is no constitutional violation on the uniformity of taxation.
RATIO:
5. Uniformity of taxation merely requires that all subjects or objects of
Doctrine: Uniformity of taxation, like the kindred concept of equal protection,
taxation, similarly situated, are to be treated alike both in privileges and
merely requires that all subjects or objects of taxation, similarly situated, are to be
liabilities. Uniformity does not forfend classification as long as:
treated alike both in privileges and liabilities. Uniformity does not forfend
a. the standards that are used therefor are substantial and not
classification as long as:
arbitrary,
1. the standards that are used therefor are substantial and not arbitrary,
b. the categorization is germane to achieve the legislative purpose,
2. the categorization is germane to achieve the legislative purpose,
c. the law applies, all things being equal, to both present and
3. the law applies, all things being equal, to both present and future
future conditions, and
conditions, and
d. the classification applies equally well to all those belonging to
4. the classification applies equally well to all those belonging to the same
the same class
class
6. The legislative intent is to increasingly shift the income tax system
[This is a repeat case. See case number 10. This Digest will focus on the doctrine
towards the schedular approach in the income taxation of individual
emphasized in the Book.
taxpayers and to maintain the present global treatment on taxable
corporations. We certainly do not view this classification to be arbitrary
FACTS: and inappropriate.
7. Petitioners gives a fairly extensive discussion on the merits of the law,
1. Two consolidated special civil actions for prohibition challenge the illustrating, in the process, what he believes to be an imbalance between
constitutionality of Republic Act No. 7496, also commonly known as the the tax liabilities of those covered by the amendatory law and those who
Simplified Net Income Taxation Scheme ("SNIT"), amending certain are not. However, It should be noted that it is with the legislature
provisions of the National Internal Revenue Code and the validity of primarily lies the discretion to determine the nature (kind), object
Section 6, Revenue Regulations No. 2-93, promulgated by CIR pursuant (purpose), extent (rate), coverage (subjects) and situs (place) of
to said law. taxation. This court cannot freely delve into those matters which, by
2. G.R. No. 109289: it is asserted that the enactment of Republic Act constitutional fiat, rightly rest on legislative judgment.
No. 7496 violates the following provisions of the Constitution:
The Cabinet’s resolution is valid. Royalty fees can take the form of tariffs. They acted
within the authority provided by CA 728.
2. The President thereafter promulgated Executive Order No. 3, prohibiting
[34] Marc Donnelly v Agregado the exportation of materials therein enumerated (such as scrap metal)
unless an export license is first obtained from the Philippine Sugar
GR No. L-4510 | 1954 May 31 | Constitutional Provisions on Tax | Francis Administration.
Petitioner: 3. The Chief of the Executive Office, by authority of the President, sent a
Respondents: communication to the Philippine Sugar Administration authorizing the
exportation of scrap metals upon payment of a fee of PHP 10 per ton of
Recit-Ready: the metals to be exported. Subsequently, the Cabinet, upon
recommendation of the National Development Company, approved a
1. Congress enacted CA No. 728 which made unalwful the exportation of resolution fixing the schedule of royalty rates to be charged on metal
agricultural or indusrtrial products without a permit from the President. exports.
2. The President promulgated EO No. 3 prohibiting the exportation of scrap 4. Marc Donnelly and Associates (MDA) exported large amounts of scrap
metals (among others) without an export license. iron, brass, copper, and aluminum during the period from December
3. Cabinet thereafter issued a resolution fixing the schedule of royalty rates 1947 to September 1948, for which it paid by way of royalty fees the
chargable on metal exports. total amount of PHP 54,862.84.
4. Having paid almost PHP 55 K on royalty fees, Marc Donnelly and 5. The amount was collected by the Sugar Quota Office under the authority
Associates questioned the validity of the authority of the Cabinet to fix granted by the Chief of the Executive Office and the resolution of the
royalty fees as such they allege, constitutes an a
d valorem tax. Cabinet above mentioned.
5. The SC held that the Cabinet was well within its authority as they issued 6. MDA appealed to the SC the decision of the Auditor General who denied
the resolution pursuant to CA No. 728 which gave the President authoriry the request for refund of the royalty fees.
to regulate the export of products. 7. MDA contends that the resolution of the Cabinet fixing the schedule of
6. Further the Constitution itself allowed the President to fix export quotas royalty rates on metal exports and providing for their collection
and tonnage and wharfage dues. constitutes an undue delegation of legislative powers as it creates and
imposes an a d valorem tax.
ISSUES:
1. WON the Cabinet resolution fixing the schedule of royalty rates on metal
Doctrine:
exports and providing for their collection constitutes an undue
1. The Congress may by law authorize the President, subject to such
delegation of legislative powers as it creates and imposes an a d valorem
limitations and restrictions, as it may impose, to fix, within specified limits,
tax.
tariffs rates, import or export quotas, and tonnage and wharfage dues.
- NO!
RATIO:
FACTS:
1. Commonwealth Act No. 728, made it unlawful for to export agricultural 1. Article VI, section 22 (2), of the 1935 Constitution provides:
or industrial products without a permit from the President of the The Congress may by law authorize the President, subject to such
Philippines. The Act confers upon the President authority to "regulate, limitations and restrictions, as it may impose, to fix, within specified
curtail, control, and prohibit the exportation of materials abroad and to limits, tariffs rates, import or export quotas, and tonnage and wharfage
issue such rules and regulations as may be necessary to carry out the dues.
provisions of this Act, through such department or office as he may 2. Congress may by law authorize the President, subject to certain
designate." limitations, to fix, within specified limits, tariff rates, import or export
quotas, and tonnage and wharfage dues. Congress validly approved
Commonwealth Act No. 728.
3. Implementing this broad authority, the Cabinet approved the resolution
authorizing the levy and collection of royalty fees as a condition for the
exportation of scrap metals and other merchandise.
4. The rule which forbids delegation of legislative power is not absolute.
This case however is an exception in that the Constitution expressly
authorizes such delegation. This is so because the royalty rates may
take the form of tariff rates. Commonwealth Act No. 728 confers upon
the President authority to regulate, curtail, control, and prohibit the
exportation of scrap metals, and in this authority is deemed included the
power to exact royalties for permissive or lawful use of property right.
Even though YMCA is an exempt organisation, the constitution provides that any of its
income from activities conducted for profit is subject to income tax.
2. YMCA earned an income of P676,829.80 from leasing out a portion of its
35 CIR v. CA premises to small shop owners, like restaurants and canteen operators, and
P44,259 from parking fees collected from non-members.
GR 124043 | Oct. 14, 1998 | Tax exemption | Reina 3. The commissioner of internal revenue (CIR) issued an assessment to private
Petitioner: COMMISSIONER OF INTERNAL REVENUE respondent including surcharge and interest, for deficiency income tax,
Respondent: COURT OF APPEALS, COURT OF TAX APPEALS and YOUNG MEN'S deficiency expanded withholding taxes on rentals and professional fees and
CHRISTIAN ASSOCIATION OF THE PHILIPPINES, INC. (YMCA) deficiency withholding tax on wages.
4. YMCA formally protested the assessment and, as a supplement to its basic
Recit-Ready: protest. The CIR denied the claims of YMCA.
YMCA is a non-stock, non-profit institution, which conducts various programs and 5. The YMCA filed a petition for review at the Court of Tax Appeals (CTA) and the
activities that are beneficial to the public. YMCA earned income from leasing out a latter ruled in favor of YMCA stating that he leasing of [private respondent's]
portion of its premises to small shop owners, like restaurants and canteen operators, facilities to small shop owners, to restaurant and canteen operators and the
and from parking fees collected from non-members. CIR issued an assessment to operation of the parking lot are reasonably incidental to and reasonably
YMCA for deficiency income tax, deficiency expanded withholding taxes on rentals and necessary for the accomplishment of the objectives of the YMCA and that there
professional fees and deficiency withholding tax on wages. was no legal basis for the imposition of deficiency fixed tax and contractor's tax.
6. CIR elevated the case to the CA where it initially decided in favor of the CIR but
The issue is w/n the income derived from rentals of YMCA’s real property is subject to then reversed itself and decided that the CTA did not err in saying that the rental
income tax. (YES) from small shops and parking fees do not result in the loss of the exemption.
ISSUES:
The exemption claimed by the YMCA is expressly disallowed by the very wording of the
last paragraph of then Sec. 27 which mandates that the income of exempt
Whether or not the income derived from rentals of real property owned by YMCA is
organizations from any of their properties be subject to the tax imposed by the same
subject to income tax. (YES)
Code. As for the exemption of charitable institutions, what is exempted is not the
institution itself because those exempted from real estate taxes are only lands,
RATIO:
buildings and improvements actually, directly and exclusively used for religious,
Sec. 27 of the NIRC provides that, “The following organizations shall not be taxed
charitable or educational purposes. YMCA is exempt from the payment of property tax,
under this Title in respect to income received by them as such —
BUT not income tax on the rentals from its property.
(g) Civic league or organization not organized for profit but operated exclusively for
Doctrine:
the promotion of social welfare;
Justice Davide stressed during the Concom debates that what is exempted is not the
(h) Club organized and operated exclusively for pleasure, recreation, and other
institution itself; those exempted from real estate taxes are lands, buildings and
non-profitable purposes, no part of the net income of which inures to the benefit of
improvements actually, directly and exclusively used for religious, charitable or
any private stockholder or member;
educational purposes. Father Bernas adhered to the same view that the exemption
created by said provision p ertained only to property taxes.
Notwithstanding the provisions in the preceding paragraphs, the income of whatever
kind and character of the foregoing organizations from any of their properties, real
FACTS: or personal, or from any of their activities conducted for profit, regardless of the
disposition made of such income, shall be SUBJECT TO THE TAX imposed under
1. YMCA is a non-stock, non-profit institution, which conducts various programs this Code.”
and activities that are beneficial to the public, especially the young people,
pursuant to its religious, educational and charitable objectives. The exemption claimed by the YMCA is expressly disallowed by the very wording of
the last paragraph of then Sec. 27 which mandates that the income of exempt
organizations (such as the YMCA) from any of their properties, real or personal, be "By-Laws" of YMCA, but it found nothing in them that even hints that YMCA is a
subject to the tax imposed by the same Code. Because the last paragraph of said school or an educational institution.
section unequivocally subjects to tax the rent income of the YMCA from its real
property, the Court is duty-bound to abide strictly by its literal meaning and to refrain The SC also stated that the former did not submit proof of the proportionate amount
from resorting to any convoluted attempt at construction. of the subject income that was actually, directly and exclusively used for educational
purposes. Article XIII, Section 5 of the YMCA by-laws, which formed part of the
YMCA’s argument: last paragraph of Sec. 27 should be "subject to the qualification that evidence submitted, is patently insufficient, since the same merely signified that "[t]he
the income from the properties must arise from activities 'conducted for profit' before it net income derived from the rentals of the commercial buildings shall be apportioned
may be considered taxable" to the Federation and Member Associations as the National Board may decide." In
This argument is erroneous. A reading of said paragraph shows that the income from sum, there is no basis for granting the YMCA exemption from income tax under the
any property of exempt organizations, as well as that arising from any activity it constitutional provision invoked.
conducts for profit, is taxable. The phrase "any of their activities conducted for profit"
does not qualify the word "properties." This makes from the property of the
organization taxable, regardless of how that income is used — whether for profit or
for lofty non-profit purposes.
YMCA’s argument: NIRC and Article VI, Sec. 28 of the Constitution exempts "charitable
institutions" from the payment not only of property taxes but also of income tax from
any source
Justice Davide, a former constitutional commissioner, stressed during the Concom
debates that what is exempted is not the institution itself; those exempted from real
estate taxes are lands, buildings and improvements actually, directly and exclusively
used for religious, charitable or educational purposes." Father Bernas adhered to the
same view that the exemption created by said provision pertained only to property
taxes.
YMCA’s argument: under Article XIV, Sec. 4, par. 3 of the Constitution, it is a non-stock,
non-profit educational institution whose revenues and assets are used actually, directly
and exclusively for educational purposes so it is exempt from taxes on its properties
and income
YMCA is exempt from the payment of property tax, BUT not income tax on the rentals
from its property. Laws allowing tax exemption are construed strictissimi juris.
Hence, for the YMCA to be granted the exemption, it must prove with substantial
evidence that:
(1) it falls under the classification non-stock, non-profit educational institution;
(2) the income it seeks to be exempted from taxation is used actually, directly,
and exclusively for educational purposes.
However, YMCA did NOT submit any evidence to prove that it met the said requisites.
YMCA is not an educational institution within the purview of Article XIV, Sec. 4, par. 3
of the Constitution. The Court examined the "Amended Articles of Incorporation" and
Used exclusively has been extended to incidental use. Abra Valley should be taxed because of
its leasing a portion of its lot to commercial enterprises.
[36] ABRA VALLEY V. AQUINO 3. Petitioner contends that the primary use of the lot and building for
educational purposes, and not the incidental use thereof, determines and
G.R. No. L-39086 | June 15, 1988 | Tax Exemption | Dee exemption from property taxes under Section 22 (3), Article VI of the 1935
Constitution. Hence, the seizure and sale of subject college lot and building,
Petitioner: Abra Valley College, Inc. which are contrary thereto as well as to the provision of Commonwealth Act
Respondents: Hon. Juan P. Aquino, Judge, Court Of First Instance, Abra; Armin No. 470, otherwise known as the Assessment Law, are without legal basis
M. Cariaga, Provincial Treasurer, Abra; Gaspar V. Bosque, Municipal Treasurer, and therefore void.
Bangued, Abra; Heirs Of Paterno Millare
! 4. On the other hand, private respondents maintain that the college lot and
building in question which were subjected to seizure and sale to answer for
Recit-Ready:
the unpaid tax are used: (1) for the educational purposes of the college; (2)
Abra Valley College filed a complaint to annul and declare void the Notice of as the permanent residence of the President and Director thereof, Mr. Pedro
Seizure and Notice of Sale of its lot and building for its non-payment of real V. Borgonia, and his family including the in-laws and grandchildren; and (3)
estate taxes and penalties. The petitioner contends that it should be exempted for commercial purposes because the ground floor of the college building is
from property taxes as its primary use of the lot and building is for educational being used and rented by a commercial establishment, the Northern
purposes. The respondents, on the other hand, contend that Abra Valley should Marketing Corporation.
be answerable to unpaid taxes, as its college lot and building are used for the
residence of the school’s Director and its ground floor is used for commercial ISSUES:
purposes, as it is rented by a commercial establishment. The issue is WON the
Whether or not the lot and building in question are used exclusively for
lot and building in question are used exclusively for educational purposes
educational purposes. (NO)
(NO). The SC ruled that Abra Valley College should be taxed not because the
second floor of the same is being used by the Director and his family for
residential purposes, as it may be considered as incidental use, but because RATIO:
the first floor thereof is being used for commercial purposes. Due to its time frame, the constitutional provision which finds application in the
case at bar is Section 22, paragraph 3, Article VI, of the then 1935 Philippine
Doctrine: Constitution, which expressly grants exemption from realty taxes for "Cemeteries,
The phrase “used exclusively” is not limited to property actually indispensable churches and parsonages or convents appurtenant thereto, and all lands,
therefor, but extends to facilities, which are incidental to and reasonably buildings, and improvements used exclusively for religious, charitable or
necessary for the accomplishment of said purposes. However, while the Court educational purposes.
allows a more liberal and non-restrictive interpretation of the phrase
"exclusively used for educational purposes,” reasonable emphasis has always Relative thereto, Section 54, paragraph c, Commonwealth Act No. 470 as
been made that exemption extends to facilities which are incidental to and amended by Republic Act No. 409, otherwise known as the Assessment Law,
reasonably necessary for the accomplishment of the main purposes. provides that the following are exempted from real property tax under the
Otherwise stated, the use of the school building or lot for commercial Assessment Law:
purposes is neither contemplated by law, nor by jurisprudence.
(c) churches and parsonages or convents appurtenant thereto, and all
lands, buildings, and improvements used exclusively for religious,
FACTS: charitable, scientific or educational purposes.
1. Abra Valley College, an educational corporation and institution of higher
In a long line of cases, the SC clarified that the phrase “used exclusively” also
learning filed a complaint to annul and declare void the "Notice of Seizure'
considers incidental use. It must be stressed however, that while this Court
and the "Notice of Sale" of its lot and building located at Bangued, Abra, for
allows a more liberal and non-restrictive interpretation of the phrase "exclusively
non-payment of real estate taxes and penalties amounting to P5, 140.31.
used for educational purposes" as provided for in Article VI, Section 22,
2. Said "Notice of Seizure" of the college lot and building by respondents paragraph 3 of the 1935 Philippine Constitution, reasonable emphasis has
Municipal Treasurer and Provincial Treasurer was issued for the satisfaction always been made that exemption extends to facilities which are incidental to
of the said taxes thereon. and reasonably necessary for the accomplishment of the main purposes.
Otherwise stated, the use of the school building or lot for commercial purposes is
neither contemplated by law, nor by jurisprudence. Thus, while the use of the
second floor of the main building in the case at bar for residential purposes of
the Director and his family, may find justification under the concept of incidental
use, which is complimentary to the main or primary purpose—educational, the
lease of the first floor thereof to the Northern Marketing Corporation cannot by
any stretch of the imagination be considered incidental to the purpose of
education.
Under the 1935 Constitution, the trial court correctly arrived at the conclusion
that the school building as well as the lot where it is built, should be taxed, not
because the second floor of the same is being used by the Director and his family
for residential purposes, but because the first floor thereof is being used for
commercial purposes. However, since only a portion is used for purposes of
commerce, it is only fair that half of the assessed tax be returned to the school
involved.
!
Decree No. 1823. It is the registered owner of a parcel land in Quezon
[G.R. No. 144104] LUNG CENTER OF PH v QUEZON CITY City and erected on said lot is a hospital known as the Lung Center of the
PH.
G.R. No. 144104| June 29, 2004| Tax Exemption for Charitable Institutions | 2. LCP caters to both paying and non-paying patients and it also receives
De Jesus annual subsidies from the government.
3. On June 7, 1993, both the land and the hospital building of the LCP
Petitioner: Lung Center of the Philippines
were assessed for real property taxes in the amount of P4,554,860 by
Respondents: Quezon City and CONSTANTINO P. ROSAS, in his capacity as
City Assessor of the City Assessor of QC. Wherein, two tax declarations was issued for
Quezon City the land and the hospital building.
4. LCP filed a Claim for Exemption from real property taxes with the City
Recit-Ready: Lung Center of the Philippines (LCP) is a non-stock and non-profit Assessor, based on its claim that it is a charitable institution.
entity established by PD. 1823. The City Assessor of QC assessed the land and 5. LCP’s request was denied, consequently it filed a petition before the
building of LCP for its real property taxes. LCP filed a Claim for Exemption from Local Board of Assessment Appeals of Quezon City (QC-LBAA) for
real property taxes with the City Assessor, based on its claim that it is a the reversal of the resolution of the City Assessor.
charitable institution. But this was denied by QC-LBAA and subsequently by
QC-LBAA. LCP contends that it should be exempted from real estate taxes 6. LCP alleged that under Section 28, paragraph 3 of the 1987
since it is a charitable institution. Constitution, the property is exempt from real property taxes. Since it’s
ISSUES: 1) W/N LCP is a charitable institution and 2) W/N the real properties of a charitable institution and thus, exempt from real property taxes. It
LCP are exempt from real property taxes. argued that a minimum of 60% of its hospital beds are exclusively
RULING: The Court held that – while LCP is indeed a charitable institution within used for charity patients and that the major thrust of its hospital
the context of the 1973 and 1987 Constitutions. According to the SC, LCP is still operation is to serve charity patients
burdened to prove, by clear and unequivocal proof, that (a) it is a charitable
7. However, QC-LBAA dismissed the petition of LCP and ruled that it is
institution; and (b) its real properties are ACTUALLY, DIRECTLY and
EXCLUSIVELY used for charitable purposes, pursuant to the constitution. liable to pay the real property taxes. This decision was affirmed on
However, LCP failed to prove that its ENTIRE real property is actually, directly appeal by the Central Board of Assessment Appeals of QC which
and exclusively used for charitable purposes Therefore, only those portions of the ruled that LCP was not a charitable institution and that its real
land occupied by the hospital and portions of the hospital used for its patients, properties were not actually, directly and exclusively used for
whether paying or non-paying, are exempt from real property taxes. While, those charitable purposes
portions of its real property that are leased to private entities are NOT exempt
from real property taxes as these are not actually, directly and exclusively used
ISSUES:
for charitable purposes.
1) W/N LCP is a charitable institution. – Yes, LCP is a charitable institution
Doctrine:
within the context of the 1973 and 1987 Constitutions
The settled rule in this jurisdiction is that laws granting exemption from tax are
2) W/N the real properties of LCP are exempt from real property taxes.
construed strictissimi juris against the taxpayer and liberally in favor of the taxing
power. Taxation is the rule and exemption is the exception. The effect of an - Those portions of its real property that are leased to private entities
exemption is equivalent to an appropriation. Hence, a claim for exemption from are NOT exempt from real property taxes as these are not actually,
tax payments must be clearly shown and based on language in the law too plain directly and exclusively used for charitable purposes. While, the
to be mistaken. portions of the land occupied by the hospital and portions of the
hospital used for its patients, whether paying or non-paying, are
FACTS: exempt from real property taxes.
[Type here]
RATIO:
1. Local governments do not have the inherent power to tax 4 except to the
extent that such power might be delegated to them either by the basic law or by
statute. Presently, under Article X of the 1987 Constitution, a general delegation
of that power has been given in favor of local government units.
2. The 1991 Code explicitly authorizes provincial governments, notwithstanding
"any exemption granted by any law or other special law, . . . (to) impose a tax on
businesses enjoying a franchise."
3. While the Court has, not too infrequently, referred to tax exemptions contained
in special franchises as being in the nature of contracts and a part of the
inducement for carrying on the franchise, these exemptions, nevertheless, are far
from being strictly contractual in nature. Contractual tax exemptions, in the real
sense of the term and where the non-impairment clause of the Constitution can
rightly be invoked, are those agreed to by the taxing authority in contracts, such
as those contained in government bonds or debentures, lawfully entered into by
them under enabling laws in which the government, acting in its private capacity,
sheds its cloak of authority and waives its governmental immunity. Truly, tax
exemptions of this kind may not be revoked without impairing the obligations of
contracts. These contractual tax exemptions, however, are not to be confused
with tax exemptions granted under franchises. A franchise partakes the nature
of a grant which is beyond the purview of the non-impairment clause of the
Constitution.
4. Indeed, Article XII, Section 11, of the 1987 Constitution, like its precursor
provisions in the 1935 and the 1973 Constitutions, is explicit that no franchise for
the operation of a public utility shall be granted except under the condition that
such privilege shall be subject to amendment, alteration or repeal by Congress as
and when the common good so requires.
[Type here]
The ordinances are valid since the power of taxation may be delegated to local government units
since they may be permitted to tax subjects which the state has not deemed to tax for more
general purposes. The power of the congress to create LGUs carries with it the power to give
them the authority to tax. The ordinances do not violate the due process clause just because the
said that the taxing power may be delegated to municipalities and the like, it
rate is higher than what it was before. [42] Pepsi v Tanauan
is meant that there may be delegated such measure of power to impose and
collect taxes as the legislature may deem expedient. Thus, municipalities
GR No.L-31156 | February 27, 1976 | Due Process | Genoveza
may be permitted to tax subjects which for reasons of public policy the State
Petitioner: PEPSI-COLA BOTTLING COMPANY OF THE PHILIPPINES, INC.||| has not deemed wise to tax for more general purposes. This is not to say
Respondents:MUNICIPALITY OF TANAUAN, LEYTE, THE MUNICIPAL MAYOR, though that the constitutional injunction against deprivation of property
ET AL||| without due process of law may be passed over under the guise of the taxing
Recit-Ready: power, except when the taking of the property is in the lawful exercise of the
Pepsi-Cola Bottling Company of the Philippines, Inc., filed a complaint with taxing power, as when (1) the tax is for a public purpose; (2) the rule on
preliminary injunction before the Court of First Instance of Leyte to declare uniformity of taxation is observed; (3) either the person or property taxed is
Section 2 of R.A. No. 2264, (known as the Local Autonomy Act) within the jurisdiction of the government levying the tax; and (4) in the
unconstitutional as an undue delegation of the taxing authority and declare assessment and collection of certain kinds of taxes notice and opportunity
null and void Municipal Ordinance No. 23, which levies and collects from soft for hearing are provided. Due process is usually violated where the tax
drinks producers and manufactures a tax of 1/16 of a centavo for every bottle imposed is for a private as distinguished from a public purpose; a tax is
of soft drinks corked, and Municipal Ordinance No. 27 which levies and imposed on property outside the State, i.e., extra-territorial taxation; and
collects on soft drinks produced or manufactured within the territorial arbitrary or oppressive methods are used in assessing and collecting taxes.
jurisdiction a tax of one centavo on each gallon of volume capacity. The trial But, a tax does not violate the due process clause, as applied to a particular
court dismissed the complaint and upheld the constitutionality of Sec. 2 of taxpayer, although the purpose of the tax will result in an injury rather than a
R.A. No. 2264 and declared Municipal Ordinances Nos. 27 valid and benefit to such taxpayer. Due process does not require that the property
constitutional. It ratiocinated that the power of taxation is an essential and subject to the tax or the amount of tax to be raised should be determined by
inherent attribute of sovereignty, belonging as a matter of right to every judicial inquiry, and a notice and hearing as to the amount of the tax and the
independent government, without being expressly conferred by the people.It is manner in which it shall be apportioned are generally not necessary to due
a power that is purely legislative and which the central legislative body cannot process of law
delegate either to the executive or judicial department of the government
Doctrine: Due process is usually violated where the tax imposed is for a
without infringing upon the theory of separation of powers. The exception,
private as distinguished from a public purpose; a tax is imposed on property
however, lies in the case of municipal corporations, to which, said theory does
outside the State, i.e., extra-territorial taxation; and arbitrary or oppressive
not apply. Legislative powers may be delegated to local governments in
methods are used in assessing and collecting taxes. But, a tax does not
respect of matters of local concern. By necessary implication, the legislative
violate the due process clause, as applied to a particular taxpayer, although
power to create political corporations for purposes of local self-government
the purpose of the tax will result in an injury rather than a benefit to such
carries with it the power to confer on such local governmental agencies the
taxpayer.
power to tax. Under the New Constitution, local governments are granted the
autonomous authority to create their own sources of revenue and to levy
taxes. Section 5, Article XI provides: "Each local government unit shall have the FACTS:
power to create its sources of revenue and to levy taxes, subject to such
limitations as may be provided by law." Withal, it cannot be said that Section 2 1.Pepsi filed a complaint before the CFI to declare SEC 2 ofRA No. 2264 (Local
of Republic Act No. 2264 emanated from beyond the sphere of the legislative Autonomy Act) as unconstitutional andas an undue delegation of taxing
power to enact and vest in local governments the power of local taxation. authority. Pepsi also sought to have Ordinances 23 and 27 by the Municipality
ofTanauan be declared as null and void
The plenary nature of the taxing power thus delegated, contrary to
plaintiff-appellant's pretense, would not suffice to invalidate the said law as
2. In a Stipulation of Facts entered into by the parties:a.Ordinances No. 23 and
confiscatory and oppressive. In delegating the authority, the State is not
27 cover the same subject matter and the imposed production tax are the
limited to the exact measure of that which is exercised by itself. When it is
same.b.The Municipal Treasurer is seeking to enforce compliance by Pepsi of No. 2264 emanated from beyond the sphere of the legislative power to enact and
Ordinance No. 27 alone vest in local governments the power of local taxation.||| Second Issue:
3.Ordinance No. 23 - levies and collects from soft drinks producers and The plaintiff-appellant submits that Ordinance Nos. 23 and 27 constitute double
manufacturers at tax of 1/16 of a centavo for every bottle of soft drink corked. taxation, because these two ordinances cover the same subject matter and
impose practically the same tax rate. The thesis proceeds from its assumption
4.Ordinance No. 27 – levies and collects “on soft drinks produced or that both ordinances are valid and legally enforceable. This is not so. As earlier
manufactured within the territorial jurisdiction of the municipality a tax of 1 quoted, Ordinance No. 23, which was approved on September 25, 1962, levies or
centavo on each gallon of volume capacity. collects from soft drinks producers or manufacturers a tax of one-sixteen (1/16)
of a centavo for every bottle corked, irrespective of the volume contents of the
5.Tax imposed on both Ordinances No. 23 and 27 is denominated as “municipal bottle used. When it was discovered that the producer or manufacturer could
production tax” increase the volume contents of the bottle and still pay the same tax rate, the
Municipality of Tanauan enacted Ordinance No. 27, approved on October 28,
ISSUES: 1962, imposing a tax of one centavo (P0.01) on each gallon (128 fluid ounces,
1. Is Section 2, Republic Act No. 2264 an undue delegation of power, U.S.) of volume capacity. The difference between the two ordinances clearly lies
confiscatory and oppressive? in the tax rate of the soft drinks produced: in Ordinance No. 23, it was 1/16 of a
centavo for every bottle corked; in Ordinance No. 27, it is one centavo (P0.01) on
2. Do Ordinances Nos. 23 and 27 constitute double taxation and impose
each gallon (128 fluid ounces, U.S.) of volume capacity. The intention of the
percentage or specific taxes?
Municipal Council of Tanauan in enacting Ordinance No. 27 is thus clear: it was
3. Are Ordinances Nos. 23 and 27 unjust and unfair? intended as a plain substitute for the prior Ordinance No. 23, and operates as a
repeal of the latter, even without words to that effect.|||
Ratio:
Third Issue:
First Issue:
The tax of one centavo (P0.01) on each gallon (128 fluid ounces, U.S.) of volume
The power of taxation is an essential and inherent attribute of sovereignty, capacity on all soft drinks, produced or manufactured, or an equivalent of 1-1/2
belonging as a matter of right to every independent government, without being centavos per case, cannot be considered unjust and unfair. An increase in the
expressly conferred by the people. It is a power that is purely legislative and tax alone would not support the claim that the tax is oppressive, unjust and
which the central legislative body cannot delegate either to the executive or confiscatory. Municipal corporations are allowed much discretion in determining
judicial department of the government without infringing upon the theory of the rates of imposable taxes. This is in line with the constitutional policy of
separation of powers. The exception, however, lies in the case of municipal according the widest possible autonomy to local governments in matters of local
corporations, to which, said theory does not apply. Legislative powers may be taxation, an aspect that is given expression in the Local Tax Code (PD No. 231,
delegated to local governments in respect of matters of local concern. 7 This is July 1, 1973). Unless the amount is so excessive as to be prohibitive, courts will
sanctioned by immemorial practice. By necessary implication, the legislative go slow in writing off an ordinance as unreasonable. Reluctance should not
power to create political corporations for purposes of local self-government deter compliance with an ordinance such as Ordinance No. 27 if the purpose of
carries with it the power to confer on such local governmental agencies the the law to further strengthen local autonomy were to be realized.
power to tax. Under the New C onstitution, local governments are granted the
autonomous authority to create their own sources of revenue and to levy taxes.
Section 5, Article XI provides: "Each local government unit shall have the power to
create its sources of revenue and to levy taxes, subject to such limitations as
may be provided by law." Withal, it cannot be said that Section 2 of R epublic Act
The custom regulations were struck down for not being published and circulated as this violates the
due process clause. The regulations were substantive and not merely interpretative.
Depending on these factors, wheat would be further classified as food
[43] COC v Hypermix Feeds Corporation grade or feed grade
2. The tariff rates are as follows:
GR No. 179579 | 2012 February 1 | Tax - Due Process | Vince a. Food Grade = 3%
Petitioner: b. Feed Grade = 7%
Respondents: 3. Nutrimix filed a petition for Declaratory Relief before the RTC
4. It argued the following
Recit-Ready: a. The regulation was issued without following provisions of the
Admin Code such as public participation, prior notice, and
The COC issued a regulation imposing a tariff on wheat depending on factors such publication (important)
as the importer, country of origin, and port of discharge. Food grade wheat has a b. Violation of the equal protection clause (Not as important)
rate of 3%. Feed Grade wheat has a rate of 7%. 5. The RTC granted the petition and declared the regulation invalid
6. Hence, this case
Nutrimix assails this regulation, arguing that it does not comply with the
ISSUES:
requirements said in the Administrative Code.
W/N the COC regulation is valid. NO.
The court ruled that the regulation is invalid. The administrative code requires that
rules that affect substantive rights of citizens must be published in at least 2
RATIO:
NOGCs, notices thereof be circulated to interested parties, and a copy thereof
submitted to the UP Law Center. The importance of this is to give the interested
The Regulation is Invalid for
parties a chance to be heard, for it would be the “height of injustice to punish or
Not following the provisions of
otherwise burden a citizen for a transgression of a law which he had no notice
The Administrative Code
whatsoever, not even constructive.”
The admin code requires that every agency shall file with the UP Law centers
Doctrine:
copies of rules adopted by it. It also requires the agency to publish and circulate
notices of the proposed rules to interested parties. With regard to publication, it
When an administrative rule is merely interpretative in nature, its applicability
must be published in at least 2 NOGCs before the first hearing.
needs nothing further than its bare issuance, for it gives no real consequence more
than what the law itself has already prescribed. When, on the other hand, the
When an administrative rule is merely interpretive, the applicability needs only its
administrative rule goes beyond merely providing for the means that can facilitate
bare issuance. On the other hand, when an administrative rule goes beyond and
or render least cumbersome the implementation of the law but substantially
increases the burden on those governed, t he concerned agency must at least
increases the burden of thhose governed, it behooves the agency to accord at
afford those affected a chance to be heard and informed before the rule is given
least to those directly affected a chance to be heard, and thereafter to be duly
the force and effect of law
informed, before that new issuance is given the force and effect of law
Citing Tanada v Tuvera
It is important to give notice to the public because it would be the height of
FACTS: injustice to punish or burden citizens for a violation of law which they had no
notice of. Without publication, the public has no knowledge that a law has been
1. The Commissioner of Customs issued a Memorandum classifying passed.
wheat according to importer, country of origin and port of discharge.
Because the COC failed to follow the requirements in the Admin Code, the
regulation must be struck down
Over P20,000 but not over P40,000 P875 + 11% of excess over P20,000
Over P40,000 but not over P60,000 P3,075 + 15% of excess over P40,000
[44] Sison v. Ancheta Over P60,000 but not over P100,000 P6,075 + 19% of excess over P60,000
G.R. No. L-59431| July 25, 1984 | Equal Protection | Sha Over P100,000 but not over P250,000 P13,657 + 24% of excess over P100,000
Over P250,000 but not over P500,000 P49,675 + 29% of excess over P250,000
Petitioner: ANTERO M. SISON, JR. Over P500,000 P122,175 + 35% of excess over P500,000
Respondents: RUBEN B. ANCHETA, Acting Commissioner, Bureau of Internal
Revenue; ROMULO VILLA, Deputy Commissioner, Bureau of Internal Revenue; (b) On taxable net income.
TOMAS TOLEDO Deputy Commissioner, Bureau of Internal Revenue; MANUEL XXXX
ALBA, Minister of Budget, FRANCISCO TANTUICO, Chairman, Commissioner on Not over P10,000 5%
Over P10,000 but not over P30,000 P500 + 15% of excess over P10,000
Audit, and CESAR E. A. VIRATA, Minister of Finance
Over P30,000 but not over P150,000 P3,500 + 30% of excess over P30,000
difference in the treatment between net income and
Over P150,000 but not over P500,000 P39,500 + 45% of excess over P150,000
Recit-Ready: compensation income Over P500,000 P197,000 + 60% of excess over P500,000
Petitioner assails Sec. 1 of BP Blg. 135 as it is a transgression of equal protection,
due process and the rule on uniformity in taxation (basically he was questioning why XXXX”
there are different treatments for compensation income and net income).
The issue is WON it is a valid exercise of the State’s Power to tax. (Yes) ISSUES: WON BP blg. 135 is a valid exercise of the State’s power to tax
(YES, it does not violate equal protection)
What misled petitioner is his failure to take into consideration the distinction
between a tax rate and a tax base. Taxpayers may be classified into different RATIO: Equal protection- It suffices then that the laws operate equally and
categories. It is enough that the classification must rest upon substantial uniformly on all persons under similar circumstances or that all persons must be
distinctions. Taxpayers who are recipients of compensation income are set apart treated in the same manner, the conditions not being different, both in the
as a class. As there is practically no overhead expense, these taxpayers are not
privileges conferred and the liabilities imposed. Favoritism and undue preference
entitled to make deductions for income tax purposes. On the other hand, in the
case of professionals in the practice of their calling and businessmen, there is no cannot be allowed. For the principle is that equal protection and security shall be
uniformity in the costs or expenses necessary to produce their income. It would not given to every person under circumstances which if not identical are analogous. If
be just then to disregard the disparities by giving all of them zero deduction and law be looked upon in terms of burden or charges, those that fall within a
indiscriminately impose on all alike the same tax rates on the basis of gross class should be treated in the same fashion, whatever restrictions cast on
income. some in the group equally binding on the rest." That same formulation applies
as well to taxation measures. In Lutz V. Araneta, this Court held that “at any rate,
Doctrine: Equality and uniformity in taxation means that all taxable articles or kinds
it is inherent in the power to tax that a state be free to select the subjects of
of property of the same class shall be taxed at the same rate. The taxing power has
the authority to make reasonable and natural classifications for purposes of taxation, and it has been repeatedly held that 'inequalities which result from
taxation. a singling out of one particular class for taxation, or exemption infringe no
constitutional limitation.”
Higher rates are imposed on income arising from the practice of a profession as
FACTS: compared to those imposed on fixed income or salaried individual taxpayers.
1. Petitioner as taxpayer alleges that Sec. 1 of BP Blg. 135 discriminates Uniformity- This requirement is met when the tax "operates with the same force
against him by the imposition of higher rates of tax on his income arising and effect in every place where the subject may be found XXXX The rule of
from the exercise of his profession vis-à-vis those which are imposed uniformity does not call for perfect uniformity or perfect equality, because this is
upon fixed income or salaried individual taxpayers. hardly attainable." (Philippine Trust Company v. Yatco) Moreover, the SC held:
a. For petitioner, there is a transgression of both the equal "Equality and uniformity in taxation means that all taxable articles or kinds
protection and due process clauses of the Constitution as of property of the same class shall be taxed at the same rate. The taxing
well as of the rule requiring uniformity in taxation. power has the authority to make reasonable and natural classifications for
2. Section I of Batas Pambansa Blg. 135 purposes of taxation.
"Sec. 21. Rates of tax on citizens or residents. –
(a) On taxable compensation income Due process- It is undoubted that the due process clause may be invoked where
XXXX
Not over P2,500 0% a taxing statute is so arbitrary that it finds no support in the Constitution. An obvious
Over P2,500 but not over P5,000 1% example is where it can be shown to amount to the confiscation of property. That
Over P5,000 but not over P10,000 P25 + 3% of excess over P5,000
Over P10,000 but not over P20,000 P175 + 7% of excess over P10,000
would be a clear abuse of power. It has also been held that where the assailed tax
measure is beyond the jurisdiction of the state, or is not for a public purpose, or, in
case of a retroactive statute is so harsh and unreasonable, it is subject to attack
on due process grounds.
Petitioner failed to consider the distinction between a tax rate and tax
What misled petitioner is his failure to take into consideration the distinction base.
between a tax rate and a tax base. There is no legal objection to a broader tax
base or taxable income by eliminating all deductible items and at the same time
reducing the applicable tax rate. Taxpayers may be classified into different
categories. It is enough that the classification must rest upon substantial
distinctions that make real differences. In the case of the gross income taxation
embodied in BP Blg. 135, the discernible basis of classification is the susceptibility
of the income to the application of generalized rules removing all deductible items Taxpayers who are recipients of compensation income have no overhead expense, hence
for all taxpayers within the class and fixing a set of reduced tax rates to be applied they are not entitled to make deductions for income tax purposes because they are in the
to all of them. Taxpayers who are recipients of compensation income are set same situation, more or less.
apart as a class. As there is practically no overhead expense, these
On the other hand, those professionals in their practice have no uniformity in the costs or
taxpayers are e not entitled to make deductions for income tax purposes
expenses necessary to produce their income.
because they are in the same situation more or less. On the other hand, in
the case of professionals in the practice of their calling and businessmen,
there is no uniformity in the costs or expenses necessary to produce their
income. It would not be just then to disregard the disparities by giving all of them
zero deduction and indiscriminately impose on all alike the same tax rates on the
basis of gross income.
There is ample justification then for the Batasang Pambansa to adopt the gross
system of income taxation to compensation income, while continuing the system
of net income taxation as regards professional and business income.
The imposition of taxes and requirement of a license is inapplicable to ABS
since it impairs the free exercise of religion clause guaranteed by the BoR.
principal office located in the same city. It has been distributing and
[45] AMERICAN BIBLE SOCIETY v. CITY OF MANILA selling bibles and/or gospel portions thereof.
allegedly conducting general merchandise
without permit.
GR No. L-9637 | April 30, 1957 | Constitutional Provisions | Mart 2. The City Treasurer of Manila informed ABS that it was conducting the
Petitioner: AMERICAN BIBLE SOCIETY business of general merchandise without providing itself with the
Respondents: CITY OF MANILA necessary Mayor’s permit and municipal license, in violation of
Ordinance No. 3000, 2529, 3028, and 3364.
Recit-Ready: Petitioner ABS is engaged in the selling of bibles. It is registered
in the City of Manila. The city classified it as a dealer in general merchandise 3. ABS protested, but the City Treasurer demanded payment, forcing
without securing the necessary Mayor’s permit and municipal license in violation ABS to pay under protest, and at the same time giving notice to the
of the City’s ordinances, forcing it to pay penalties. ABS paid under protest, City Treasurer that suit would be taken in court.
giving notice that a suit will be filed. During the hearing, ABS proved that it was
never required to pay any municipal license fee or tax before the war. The lower 4. When the case was set for hearing, ABS proved that it was never
court dismissed the case. Hence, this case which was certified by the CA to the required to pay any municipal license fee or tax before the war, nor
Supreme Court. IS ABS COVERED BY THE ORDINANCES – NO. The Bill of does the ABS in the United States pay any license fee or sales tax for
Rights guarantees the free exercise of religion, and the free exercise and the sale of bibles therein. The lower court dismissed the case. Hence
enjoyment of religious profession and worship. Any restraint can only be justified this petition, which the CA certified to the Supreme Court
on the ground that there is a clear and present danger of any substantive evil
which the State has the right to prevent. In another case, the court held that “It ISSUES: W/N THE PROVISIONS OF SAID ORDINANCES ARE
is one thing to impose a tax on the income or property of a preacher. It is quite APPLICABLE OR NOT TO ABS – NO.
another to exact a tax from him for the privilege of delivering a sermon. The
RATIO:
power to tax the exercise of a privilege is the power to control or suppress its
enjoyment.” Further, the Tax Code at the time exempts from tax religious
1. ABS IS NOT COVERED BY THE ORDINANCES BECAUSE OF THE
associations or corporations. Thus, the Court held that the license fees under
BILL OF RIGHTS.
the ordinances, as amended, cannot be applied to appellant, for in doing so it
would impair its free exercise and enjoyment of its religious profession and
worship as well as its rights of dissemination of religious beliefs. Section 1, subsection (7) of Article III of the Constitution of the Republic of
the Philippines, provides that:
Doctrine: The Bill of Rights guarantees the free exercise of religion, and
the free exercise and enjoyment of religious profession and worship. Any (7) No law shall be made respecting an establishment of religion, or
restraint can only be justified on the ground that there is a clear and prohibiting the free exercise thereof, and the free exercise and enjoyment of
present danger of any substantive evil which the State has the right to religious profession and worship, without discrimination or preference, shall
prevent. forever be allowed. No religion test shall be required for the exercise of civil
or political rights.
FACTS:
The records show that the City Treasurer required ABS to secure a mayor’s
1. The American Bible Society (ABS) is a foreign, non-stock, non-profit, permit in connection to its business of selling bibles, and to pay permit dues
religious, missionary corporation duly registered and doing business required by Ordinance No. 3000, which provides that “It shall be unlawful for
in the Philippines through its Philippine Agency in Manila, with its any person or entity to conduct or engage in any of the businesses, trades, or
occupations enumerated in Section 3 of this Ordinance or other businesses,
trades, or occupations for which a permit is required WITHOUT FIRST this religious practice can make its exercise so costly as to deprive it of the
HAVING OBTAINED A PERMIT THEREFOR FROM THE MAYOR AND THE resources necessary for its maintenance. Those who can tax the privilege of
NECESSARY LICENSE FROM THE CITY TREASURER. engaging in this form of missionary evangelism can close all its doors to all
those who do not have a full purse.” And concluding that “When we balance
The business of ABS is not mentioned in Section 3. But said section contains the constitutional rights of owners of property against those of the people to
item No. 79, which covers all other businesses, trades, or occupations not enjoy freedom of press and religion, as we must here, we remain mindful of
mentioned, except those the City is not empowered to license or Tax. the fact that the latter occupy a preferred position.”
As to the license fees, Ordinance No. 2529, as amended by Ordinances No. Further, The Tax Code at the time exempts Corporations or associations
2779, 2821, and 3028 prescribe that “there shall be paid to the City Treasurer organized and operated exclusively for religious purposes. Provided that
for engaging in any of the businesses or occupations below enumerated, income from any activity conducted for profit will be taxed.
quarterly, license fees based on gross sales or receipts realized during the
preceding quarter in accordance with the rates herein prescribed” and covers It may be true that in the case at bar the price asked for the bibles and other
retailers in general merchandise. It is not directly imposed upon any religious religious pamphlets was in some instances a little bit higher than the actual
institution but only upon dealers of general merchandise, which allegedly cover cost of the same but this cannot mean that appellant was engaged in the
the business of selling of bibles. business or occupation of selling said "merchandise" for profit. For this reason
We believe that the provisions of City of Manila Ordinance No. 2529, as
ABS contends that the Ordinance is unconstitutional because it restrains the amended, cannot be applied to appellant, for in doing so it would impair its free
free exercise and enjoyment of the religious profession and worship of ABS. exercise and enjoyment of its religious profession and worship as well as its
rights of dissemination of religious beliefs.
The Constitution guarantees the freedom of religious profession and worship.
It carries with it the right to disseminate religious information. Any restraint can With respect to Ordinance No. 3000, as amended, which requires the
only be justified on the ground that there is a clear and present danger of any obtention the Mayor's permit before any person can engage in any of the
substantive evil which the State has the right to prevent. In this case, the businesses, trades or occupations enumerated therein, We do not find that it
license fee is imposed for ABS’ distribution and sale of bibles. imposes any charge upon the enjoyment of a right granted by the Constitution,
nor tax the exercise of religious practices, citing Coleman v. Griffin, which said
In Murdock v. Pennsylvania, the court held that an ordinance requiring that a that “An ordinance declaring a nuisance the selling of literature of any kind
license be obtained before a person could canvass or solicit orders for goods, without first obtaining permission from the city manager, does not deprive
paintings, pictures, wares or merchandise cannot be made to apply to defendant in his constitutional right of the free exercise and enjoyment of
members of Jehovah's Witnesses who went about from door to door religious profession and worship.
distributing literature and soliciting people to "purchase" certain religious books
and pamphlets, all published by the Watch Tower Bible & Tract Society, saying It seems clear, therefore, that Ordinance No. 3000 cannot be considered
that “We have here something quite different, for example, from a tax on the unconstitutional, even if applied to plaintiff Society. But as Ordinance No. 2529
income of one who engages in religious activities or a tax on property used or of the City of Manila, as amended, is not applicable to plaintiff-appellant and
employed in connection with activities. It is one thing to impose a tax on the defendant-appellee is powerless to license or tax the business of plaintiff
income or property of a preacher. It is quite another to exact a tax from him for Society involved herein for, as stated before, it would impair plaintiff's right to
the privilege of delivering a sermon. The tax imposed by the City of Jeannette the free exercise and enjoyment of its religious profession and worship, as well
is a flat license tax, payment of which is a condition of the exercise of these as its rights of dissemination of religious beliefs, We find that Ordinance No.
constitutional privileges. The power to tax the exercise of a privilege is the 3000, as amended is also inapplicable to said business, trade or occupation
power to control or suppress its enjoyment. Those who can tax the exercise of of the plaintiff.
[46] CIR v. Central Luzon Drug Corporation purposes and from their gross sales for value-added tax or other
GR No. 159647 | April 15, 2005 | Payment of Just Compensation | Menghrajani percentage tax purposes"
3. CLDC filed its annual Income Tax Return for taxable year 1996 declaring
net losses.
Petitioner: COMMISSIONER OF INTERNAL REVENUE
4. CLDC then filed with petitioner a claim for tax refund/credit of ₱
904,769.00 allegedly arising from the 20% sales discount. Unable to
Respondents: CENTRAL LUZON DRUG CORPORATION [CLDC]
obtain affirmative response from the CIR, CLDC elevated its claim to the
Court of Tax Appeals.
Recit-Ready: CLDC is a private company that is engaged in selling medicines.
5. The CTA upon reconsideration of an initial dismissal of the case, ordered
Pursuant to RA 7432, CLDC granted 20% discount to all senior citizen customers.
the CIR to issue a Tax Credit Certificate in favor of CLDC citing the CA
In one of the years they reported a loss, CLDC claimed for a tax credit to which the
decision in a similar case that said “Sec. 229 of RA 7432 deals
CIR refuted such claim because of a revenue regulation that provided for tax
exclusively with illegally collected or erroneously paid taxes but that
credits as a subtraction from gross income instead of its use in the business
there are other situations which may warrant a tax credit/refund.
sense, which is a deduction from the tax due. The CIR also opined that the tax
6. The CA affirmed the CTA’s decision reasoning that RA 7432 required
credit may not be claimed when an entity incurs a net loss. The SC ruled that the
neither a tax liability nor a payment of taxes by private establishments
revenue regulation by the BIR is void for it instead defines a tax deduction but RA
prior to the availment of a tax credit. Moreover, such credit is not
7432 contemplates a tax credit. The tax credits may be claimed despite the net
tantamount to an unintended benefit from the law, but rather a just
loss incurred by a corporation but it cannot be availed of during a period of net
compensation for the taking of private property for public use.
loss. Further, the tax credits are deemed to be a form of just compensation for the
taking of private property for public use or subsidy.
ISSUES:
1. Whether or not respondent, despite incurring a net loss, may still claim
Doctrine:
the 20% sales discount as a tax credit – YES.
The 20 percent discount required by the law to be given to senior citizens is a tax
2. Whether the tax credit serves as just compensation for the taking of
credit, not merely a tax deduction from the gross income or gross sale of the
private property for public use - YES.
establishment concerned. A tax credit is used by a private establishment only after
the tax has been computed; a tax deduction, before the tax is computed. RA 7432
RATIO:
unconditionally grants a tax credit to all covered entities. Thus, the provisions of
1. CLDC may still claim the tax credit despite it incurring a net loss for the
the revenue regulation that withdraw or modify such grant are void. Basic is the
year.
rule that administrative regulations cannot amend or revoke the law.
a. Sec. 4a of RA 7432 is a tax credit.
i. The law grants to senior citizens the privilege of
The permanent reduction in their total revenues is a forced subsidy corresponding
obtaining a 20% discount on their purchase of medicine
to the taking of private property for public use or benefit. As a result of the 20 from any private establishment in the country. The
percent discount imposed by RA 7432, respondent becomes entitled to a just latter may then claim the cost of the discount as a tax
compensation. This term refers not only to the issuance of a tax credit certificate credit. Such credit can be claimed even if the
indicating the correct amount of the discounts given, but also to the promptness in establishment operates at a loss.
its release. ii. Tax credit - refers to an amount that is “subtracted
directly from one’s total tax liability.” It is an “allowance
against the tax itself” or “a deduction from what is
FACTS: owed” by a taxpayer to the government.
1. CLDC operated 6 drugstores in the name of “Mercury Drug.” From b. Difference between tax credit and tax deduction
January to December 1996 respondent granted 20% sales discount to i. Tax deduction is a subtraction “from income for tax
qualified senior citizens on their purchases of medicines pursuant to RA purposes,” or an amount that is “allowed by law to
7432 for a total of ₱ 904,769. reduce income prior to the application of the tax rate to
2. The BIR, on the other hand, provided for guidelines on claiming tax compute the amount of tax which is due
credits from RA 7432. One of the guidelines defined tax credits as “the ii. A tax credit reduces the tax due, tax deduction reduces
amount representing the 20 percent discount that "shall be deducted by the income subject to tax in order to arrive at the
the said establishments from their gross income for income tax taxable income
iii. A tax credit is used to reduce directly the tax that is indeed become a most effective tool to realize social
due, there ought to be a tax liability before the tax credit justice, public welfare, and the equitable distribution of wealth.
can be applied e. A private establishment that merely breaks even - without the
iv. Without that liability, any tax credit application will be
discounts yet - - will surely start to incur losses because of such
useless. There will be no reason for deducting the latter
when there is, to begin with, no existing obligation to discounts. The same effect is expected if its mark-up is less
the government than 20 percent, and if all its sales come from retail purchases
c. Tax liability is required for tax credit by senior citizens. It will also be grossly unfair to an
i. If a net loss is reported by, and no other taxes are establishment if the discounts will be treated merely as
currently due from, a business establishment, there will deductions from either its gross income or its gross sales.
obviously be no tax liability against which any tax credit f. Operating at a loss through no fault of its own, it will realize that
can be applied.
the tax credit limitation under RR 2-94 is inutile, if not improper.
ii. For the establishment to choose the immediate
availment of a tax credit will be premature and Worse, profit-generating businesses will be put in a better
impracticable. position if they avail themselves of tax credits denied those that
d. The existence of a tax credit or its grant by law is not the same are losing, because no taxes are due from the latter.
as the availment or use of such credit
i. While the grant is mandatory, the availment or use is
not.
ii. The existence or grant solely of such credit, neither a
tax liability nor a prior tax payment is needed. The Tax
Code is in fact replete with provisions granting or
allowing tax credits, even though no taxes have been
previously paid.
2. The tax credit benefit deemed just compensation
a. The permanent reduction in their total revenues is a forced
subsidy corresponding to the taking of private property
for public use or benefit.
b. As a result of the 20 percent discount imposed by RA 7432,
respondent becomes entitled to a just compensation. This term
refers not only to the issuance of a tax credit certificate
indicating the correct amount of the discounts given, but also to
the promptness in its release.
c. Equivalent to the payment of property taken by the State, such
issuance - - when not done within a reasonable time from the
grant of the discounts - - cannot be considered as just
compensation. In effect, respondent is made to suffer the
consequences of being immediately deprived of its revenues
while awaiting actual receipt, through the certificate, of the
equivalent amount it needs to cope with the reduction in its
revenues.
d. Taxation power can also be used as an implement for the
exercise of the power of eminent domain. Tax measures are but
"enforced contributions exacted on pain of penal sanctions" and
"clearly imposed for a public purpose." The power to tax has
[47] COMMISSIONER OF INTERNAL REVENUE v. CENTRAL LUZON DRUG 4. On 19 March 1999, respondent filed with the CIR a claim for refund or
CORPORATION credit of overpaid income tax for taxable year 1997 in the amount of
P2,660,829.00.
GR No. 159610| June 12, 2008 |Tax Deduction | Sam
ISSUES:
Petitioner: Commissioner of Internal Revenue
Respondents: Central Luzon Drug Corporation 1. W/N the 20% discount to senior citizens granted by the Central Luzon
under the Expanded Senior Citizens Act of 2003 is a tax credit? [NO]
Recit-Ready:
Central Luzon Drug Corp., a domestic corporation engaged in the retail of RATIO:
medicines and other pharmaceutical products under the business name of 1. The Court ruled that the senior citizen’s discount is now treated as a tax
“Mercury Drug”, filed with the CIR a claim for refund or credit of overpaid income deduction.
tax for taxable year 1997 in the amount of P2,660,829.00 since the sales discount 2. RA 9257 amended RA 7432. It provides that the establishments may
it granted to senior citizens totaled to P2,798,508.00. claim discounts granted under (a)1, (f), (g) and (h) as tax deduction
The issue in this case is W/N the 20% discount to senior citizens granted by the based on the net cost of the goods sold or service rendered: Provided,
Central Luzon under the Expanded Senior Citizens Act of 2003 is a tax credit? The that the cost of the discount shall be allowed as deduction from gross
Court ruled that RA 9257 specifically provides that the discount should be treated income for the same taxable year that the discount is granted.
as tax deduction from gross income and not anymore a tax credit as was granted 3. RA 9257specifically provides that the discount should be treated as tax
in RA 7432 (old law). However, since the contested taxable year was in 1997 the deduction from gross income. However, since the contested taxable
old law, RA 7432 which considers the discounts as tax credit, should apply year was in 1997 the old law, RA 7432 which considers the discounts as
because RA 9257 only became effective on March 21, 2004. tax credit should apply because RA 9257 only became effective on
March 21, 2004.
Doctrine:
RA 9257 provides that the establishments may claim discounts granted under (a)
The grant of 20% discount from all establishments relative to the purchase of
medicines in all establishments for the exclusive use of enjoyment of senior citizens as
tax deduction based on the net cost of the goods sold or service rendered
FACTS:
The stabilization and subsidy of domestic prices of petroleum product and fuel oil
— clearly critical in importance considering, among other things, the continuing
high level of dependence of the country on imported crude oil — are appropriately
regarded as public purposes.
Jose Campos, as registered owner of MPLDC, surrendered the company
[50] CITY OF PASIG V REPUBLIC to the Republic of the Philippines in 1986.
2. Pasig City sent MPLDC 2 Notices of Tax Delinquency for failure to pay
GR No. 185023 | Aug 24 2011 | LGC RPT Exemption | Jacob RPTs. MPLDC replied that it was exempt from tax from 1987.
3. MPLDC received 2 warrants of levy on the properties in 2005.
Petitioner: CITY OF PASIG, REPRESENTED BY THE CITY TREASURER AND
4. The RoP, through the PCGG, filed a petition for prohibition to enjoin Pasig
THE CITY ASSESSOR
City from auctioning the properties.
Respondents: REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE
a. The properties were actually acquired by the PCGG since the
PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT
properties were identified as ill-gotten wealth by President
Marcos, but named under Jose Campos.
Recit-Ready:
5. At public auction, since there were no other bidders. Pasic City bought the
MPLDC was acquired by the RoP as the PCGG identified it as ill-gotten wealth of
properties.
President Marcos. Portions of its properties were leased to several businesses.
6. PCGG filled with the RTC an amended petition for certiorari, prohibition,
Pasig City sent notices of tax delinquency to MPLDC, and eventually bought the
and mandamus against Pasig City.
properties at public auction since MPLDC did not pay the taxes, insisting it is tax
7. RTC granted the petition of the PCGG.
exempt. The PCGG filed a petition for prohibition against Pasig City, which was
a. “FURTHER, the City of Pasig is hereby PROHIBITED from
granted and upheld by the CA. Pasig City was ordered to collect the taxes from the
further:
lessees and not MPLDC.
i. 1) Assessing real property taxes and penalties charges
[sic] on the said properties;
W/N Pasig City should collect the RPT from the lessees – NO
ii. 2) Collecting said taxes and penalty charges from the
State;
Portions leased by MPLDC to taxable persons are subject to RPT and can be sold
iii. 3) Disposing or encumbering the subject properties or
to satisfy the tax delinquency. The portions are not part of the public dominion since
any portion thereof;
they are not for public use or service. MPLDC leases portions of the properties to
b. FURTHER, the City of Pasig is hereby COMMANDED:
different business establishments. Thus, the portions of the properties leased to
i. 1) To return or effect the refund of the amount of Two
taxable entities are not only subject to real estate tax, they can also be sold at public
Million Pesos (Php2,000,000.00) paid under protest by
auction to satisfy the tax delinquency.
Mid-Pasig Land Development Corporation on October
20, 2005, or credit the same amount to any outstanding
Doctrine:
tax liability that said corporation may have with the City
No tax exemption for taxable persons with beneficial use
of Pasig; and
• Section 234 (a) of Republic Act No. 7160 states that properties owned by
the Republic of the Philippines are exempt from real property tax "except ii. 2) To assess and collect from the actual occupants or
when the beneficial use thereof has been granted, for consideration or beneficial users of the subject properties, and not from
otherwise, to a taxable person." the State, whatever real property taxes and penalties
• Thus, the portions of the properties not leased to taxable entities are that may be due on the respective areas occupied by
exempt from real estate tax while the portions of the properties leased to them.”
taxable entities are subject to real estate tax. The law imposes the liability 8. The CA set aside the RTC decision. PCGG filed an MR, the CA reversed
to pay real estate tax on the Republic of the Philippines for the portions of
itself.
the properties leased to taxable entities
a. “We are convinced that the subject properties were not
sequestered by the government so as to amount to a deprivation
FACTS: of property without due process of law; instead, they were
voluntarily surrendered to the State by Campos, a self admitted
1. Mid-Pasig Land Development Corporation (MPLDC) owned 2 parcels of crony of the then President Marcos. The relinquishment of the
land in Pasig City, portions of which are leased to different businesses. subject properties to the State as ill-gotten wealth of Marcos, as
recognized by the Supreme Court, makes a judicial declaration o The real property tax assessments issued by the City of Iloilo
that the same were ill-gotten unnecessary. By virtue of said should be upheld only with respect to the portions leased to
relinquishment, the State correctly exercised dominion over the private persons. In case the Authority fails to pay the real property
taxes due thereon, said portions cannot be sold at public auction
subject properties. Indubitably, the subject properties, being ill
to satisfy the tax delinquency.
gotten wealth, belong to the State. By its nature, ill-gotten wealth o In Chavez v. Public Estates Authority, it was held that reclaimed
is owned by the State. As a matter of fact, the Republic continues lands are lands of the public dominion and cannot, without
to exercise dominion over the subject properties.” Congressional fiat, be subject of a sale, public or private
9. Pasig City filed this present petition for review on certiorari
Portions leased by MPLDC to taxable persons are subject to RPT and can be
ISSUES: sold to satisfy the tax delinquency
• In the present case, the parcels of land are not properties of public
W/N Pasig City should assess and collect real property tax from the lessees of the dominion because they are not "intended for public use, such as roads,
properties - NO canals, rivers, torrents, ports and bridges constructed by the State, banks,
shores, roadsteads."
RATIO: • Neither are they "intended for some public service or for the development
of the national wealth."
• MPLDC leases portions of the properties to different business
The RoP owns MPLDC and its properties establishments. Thus, the portions of the properties leased to taxable
• The Republic of the Philippines owns the properties. Campos voluntarily entities are not only subject to real estate tax, they can also be sold at
surrendered MPLDC, which owned the properties, to the Republic of the public auction to satisfy the tax delinquency.
Philippines.
• In Republic of the Philippines v. Sandiganbayan, the Court stated: Pasig City must issue new RPT assessments
o “Undoubtedly, this resolution embodies a compromise • In sum, only those portions of the properties leased to taxable entities are
agreement between the PCGG on one hand and Jose Y. subject to real estate tax for the period of such leases.
Campos on the other. Hence, in exchange for the voluntary • Pasig City must, therefore, issue to respondent new real property tax
surrender of the ill-gotten properties acquired by the then assessments covering the portions of the properties leased to taxable
President Ferdinand E. Marcos and his family which were in Jose entities.
Campos' control, the latter and his family were given full immunity • If the Republic of the Philippines fails to pay the real property tax on the
in both civil and criminal prosecutions” portions of the properties leased to taxable entities, then such portions
may be sold at public auction to satisfy the tax delinquency.
No tax exemption for taxable persons with beneficial use
• Section 234 (a) of Republic Act No. 7160 states that properties owned by “WHEREFORE, the petition is PARTIALLY GRANTED. The Court SETS ASIDE
the Republic of the Philippines are exempt from real property tax "except the 17 October 2008 Decision of the Court of Appeals in CA-G.R. SP No. 97498
when the beneficial use thereof has been granted, for consideration or and declares VOID the 30 September 2002 real property tax assessment issued
otherwise, to a taxable person." by Pasig City on the subject properties of Mid-Pasig Land Development
• Thus, the portions of the properties not leased to taxable entities are Corporation, the 8 November 2005 warrants of levy on the properties, and the 2
exempt from real estate tax while the portions of the properties leased to December 2005 auction sale.
taxable entities are subject to real estate tax. The law imposes the liability
to pay real estate tax on the Republic of the Philippines for the portions of Pasig City is DIRECTED to issue to respondent new real property tax assessments
the properties leased to taxable entities. covering only the portions of the properties actually leased to taxable entities, and
• It is, of course, assumed that the Republic of the Philippines passes on only for the period of such leases. Interests and penalties on such new real
the real estate tax as part of the rent to the lessees. property tax assessment shall accrue only after receipt of such new assessment
by respondent.”
Only portions held by taxable persons can be answerable to tax delinquency
• In Philippine Fisheries Development Authority v. Court of Appeals, the
Court held: