prefinals cases
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OTHER PERCENTAGE TAXES
CASE No. 1
[G.R. No. 146749. June 10, 2003]CHINA BANKING CORPORATION, petitioner, vs. COURT
OF APPEALS, COURT OF TAX APPEALS, and COMMISSIONER OF INTERNAL REVENUE,respondents.
[G.R. No. 147938. June 10, 2003]COMMISSIONER OF INTERNAL REVENUE, petitioner, vs.
CHINA BANKING CORPORATION, respondent.
FACTS: CBC paid P12,354,933.00 as gross receipts tax on its income from interests on loan investments, commissions, services, etc. during the second quarter of 1994.
Thereafter, Court of Tax Appeals in Asian Bank Corporation v. Commissioner of Internal Revenue[4] ruled that the 20% final withholding tax on a banks passive interest income does not form part of its taxable gross receipts.
CBC filed with the CIR a formal claim for tax refund or credit of P1,140,623.82 from the P12,354,933.00 gross receipts tax that CBC paid for the second quarter of 1994. CBC also filed on the same day a petition for review with the Court of Tax Appeals. Citing Asian Bank, CBC argued that it was not liable for the gross receipts tax - amounting to P1,140,623.82 - on the sums withheld by the Bangko Sentral ng Pilipinas as final withholding tax on CBCs passive interest incomehttp://sc.judiciary.gov.ph/jurisprudence/2003/jun2003/146749.htm - _ftn7 in 1994.
ISSUE: WON the 20% final withholding tax on interest income should form part of CBCs gross receipts in computing the gross receipts tax on banks?
RULING: YES. The amount of interest income withheld in payment of the 20% final withholding tax forms part of CBCs gross receipts in computing the gross receipts tax on banks.
CBC relied on the Tax Courts ruling in Asian Bank that Section 4(e) of Revenue Regulations No. 12-80 authorizes the exclusion of the final tax from the banks taxable gross receipts. Section 4(e) provides that the rates of taxes to be imposed on the gross receipts of such financial institutions shall be based on all items of
income actually received. The final tax, not having been received by the petitioner but instead went to the coffers of the government, should no longer form part of its gross receipts for the purpose of computing the GRT.
The Supreme Court, however, ruled that the final withholding tax on interest comes from the banks income and is money the bank owns that is used to pay the banks tax liability. The bank can only pay with money it owns, or with money it is authorized to spend. In either case, such money comes from the banks revenues or receipts, and certainly not from the government’s coffers. Thus, the amount constituting the final tax, being originally owned by CBC as part of its interest income, should form part of its taxable gross receipts.
CBCs argument will create tax exemptions where none exist. If the amount of the final withholding tax is excluded from taxable gross receipts, then the amount of the creditable withholding tax should also be excluded from taxable gross receipts. For that matter, any withholding tax should be excluded from taxable gross receipts because such withholding would qualify as earmarking by regulation. Under Section 57(B) of the Tax Code, the Commissioner, with the approval of the Secretary of Finance, may by regulation impose a withholding tax on other items of income to facilitate the collection of the income tax. Every time the Commissioner expands the withholding tax, he will create tax exemptions where the law provides for none. Obviously, the Court cannot allow this.
CASE No. 2
CIR vs. PAL (OPT #2)
Facts: A franchise is a legislative grant to operate a public utility. In the present case, P.D. 1590 granted PAL an option to pay the lower of two alternatives: (a) “the basic corporate income tax based on PAL’s annual net taxable income computed in accordance with the provisions of the NIRC” or (b) “a franchise tax of 2% of gross revenues.” Availment of either of these two alternatives shall exempt the airline from the payment of “all other taxes” including the 20 percent final withholding tax on bank deposits. On Nov. 5, 1997, PAL’s AVP-Revenue filed with the CIR a written request for refund in the amount of P2M, which represents the
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total amount of 20% final withholding tax withheld from the respondent by various withholding agent banks. CTA ruled PAL was not entitled to refund. The CA held that PAL was bound to pay only either (A) or (B); that Sec. 13 of PD 1590 exempts respondent form paying all other taxes, duties, royalties and other feeds of any kind. Having chosen to pay its corporate income tax liability, respondent should now be exempt from paying all other taxes including the final withholding tax.
Issue: Whether the CA erred on a question of law ruling that the “in lieu of all other taxes” provisions in Sec. 13 of PD No. 1590 applies even if there were in fact no taxes paid under any of subsections (A) and (B) of the said decree.
Held: Note that the tax liability of PAL under the option it chose (Item ‘a’ of Sec. 13 of PD 1590) is to be “computed in accordance with the provisions of the NIRC”. “Taxable income” means the pertinent items of gross income specified in the Tax Code, less the deductions and/or personal and additional exemptions, if any, authorized for these types of income. Under Sec. 32 of the Tax Code, gross income means income derived from whatever source, including compensation for services; the conduct of trade or business or the exercise of a profession; dealings in property; interests; rents; royalties; dividends; annuities; prizes and winnings; pensions; and a partner’s distributive share in the net income of a general professional partnership. Sec. 34 enumerates the allowable deductions; Sec. 35, personal and additional exemptions.
The definition of gross income is broad enough to include all passive incomes subject to specific rates or final taxes. However, since these passive incomes are already subject to different rates and taxed finally at source, they are no longer included in the computation of gross income, which determines taxable income.
Thus, PAL’s franchise exempts it from paying any tax other than the option it chooses: either the “basic corporate income tax” or the 2% gross revenue tax.
CASE No. 3
CIR v Solidbank
Facts: Solidbank has previously paid its 1995 quarterly percentage tax returns for its gross receipts tax inclusive of its interest income. However, in 1996 [the Court of Tax Appeals] rendered a decision in CTA Case No. 4720 entitled Asian Bank Corporation vs. Commissioner of
Internal Revenue[,] wherein it was held that the 20% final withholding tax on [a] banks interest income should not form part of its taxable gross receipts for purposes of computing the gross receipts tax.
Thus, Solidbank filed a claim for refund or issuance of tax credit certificate with the BIR for the overpaid gross receipts tax for the year 1995.
Issue: Whether or not the 20% final withholding tax on [a] banks interest income forms part of the taxable gross receipts in computing the 5% gross receipts tax
Ruling: Yes.
1. FWT and GRT are two different taxes. The 5% GRT[15] is included under Title V. Other Percentage Taxes of the Tax Code and is not subject to withholding. The banks and non-bank financial intermediaries liable therefor shall, under Section 125(a)(1),[16] file quarterly returns on the amount of gross receipts and pay the taxes due thereon within twenty (20)[17] days after the end of each taxable quarter.
The 20% FWT is a Tax on Income. It is a tax on passive income, deducted and withheld at source by the payor-corporation and/or person as withholding agent pursuant to Section 50,[20] and paid in the same manner and subject to the same conditions as provided for in Section 51.[21]
A perusal of these provisions clearly shows that two types of taxes are involved in the present controversy: (1) the GRT, which is a percentage tax; and (2) the FWT, which is an income tax. As a bank, petitioner is covered by both taxes.
A percentage tax is a national tax measured by a certain percentage of the gross selling price or gross value in money of goods sold, bartered or imported; or of the gross receipts or earnings derived by any person engaged in the sale of services.[22] It is not subject to withholding.
An income tax, on the other hand, is a national tax imposed on the net or the gross income realized in a taxable year.[23] It is subject to withholding.
2. Solidbank argues that gross receipt tax can only be subjected on income actually received by the bank, invoking Section 4(e) of RR 12-80. The court overruled its argument by applying the provisions of possession under the civil code. Article 531 of the Civil Code clearly provides that the acquisition of the right of possession is through the proper acts and legal formalities
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established therefor. The withholding process is one such act. There may not be actual receipt of the income withheld; however, as provided for in Article 532, possession by any person without any power whatsoever shall be considered as acquired when ratified by the person in whose name the act of possession is executed.
In our withholding tax system, possession is acquired by the payor as the withholding agent of the government, because the taxpayer ratifies the very act of possession for the government. There is thus constructive receipt. The processes of bookkeeping and accounting for interest on deposits and yield on deposit substitutes that are subjected to FWT are indeed -- for legal purposes -- tantamount to delivery, receipt or remittance.[35] Besides, respondent itself admits that its income is subjected to a tax burden immediately upon receipt, although it claims that it derives no pecuniary benefit or advantage through the withholding process. There being constructive receipt of such income -- part of which is withheld -- RR 17-84 applies, and that income is included as part of the tax base upon which the GRT is imposed. (RR 12-80 – the regulation invoked by solidbank stating that only incomes actually received is subjected to GRT has already been superseded through implied repeal by RR 17-84, a regulation which no longer excepts incomes constructively received)
3. No double taxation.
Double taxation means taxing the same property twice when it should be taxed only once; that is, x x x taxing the same person twice by the same jurisdiction for the same thing.[117] It is obnoxious when the taxpayer is taxed twice, when it should be but once.[118] Otherwise described as direct duplicate taxation,[119] the two taxes must be imposed on the same subject matter, for the same purpose, by the same taxing authority, within the same jurisdiction, during the same taxing period; and they must be of the same kind or character.[120]
First, the taxes herein are imposed on two different subject matters. The subject matter of the FWT is the passive income generated in the form of interest on deposits and yield on deposit substitutes, while the subject matter of the GRT is the privilege of engaging in the business of banking.
A tax based on receipts is a tax on business rather than on the property; hence, it is an excise[121] rather than a property tax It is not an income tax, unlike the
FWT. In fact, we have already held that one can be taxed for engaging in business and further taxed differently for the income derived therefrom.[123] Akin to our ruling in Velilla v. Posadas, these two taxes are entirely distinct and are assessed under different provisions.
Second, although both taxes are national in scope because they are imposed by the same taxing authority -- the national government under the Tax Code -- and operate within the same Philippine jurisdiction for the same purpose of raising revenues, the taxing periods they affect are different. The FWT is deducted and withheld as soon as the income is earned, and is paid after every calendar quarter in which it is earned. On the other hand, the GRT is neither deducted nor withheld, but is paid only after every taxable quarter in which it is earned.
Third, these two taxes are of different kinds or characters. The FWT is an income tax subject to withholding, while the GRT is a percentage tax not subject to withholding.
In short, there is no double taxation, because there is no taxing twice, by the same taxing authority, within the same jurisdiction, for the same purpose, in different taxing periods, some of the property in the territory. Subjecting interest income to a 20% FWT and including it in the computation of the 5% GRT is clearly not double taxation.
CASE No. 4
CIR vs Lhuillier GR No. 15094 (15 July 2003)
FACTS:
On 1991, the CIR issued Revenue Memorandum Order (RMO) No. 15-91, which was clarified by RMO No. 43-91 imposing a 5% lending investors tax on pawnshops. It held that the principal activity of pawnshops is lending money at interest and incidentally accepting personal property as security for the loan. Since pawnshops are considered as lending investors effective, they also become subject to documentary stamp taxes.
On 1997, the Bureau of Internal Revenue (BIR) issued an Assessment Notice against Lhuillier demanding payment of deficiency percentage.
Lhuillier filed an administrative protest with the Office of the Revenue Regional Director contending that
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neither the Tax Code nor the VAT Law expressly imposes 5% percentage tax on the gross income of pawnshops; that pawnshops are different from lending investors, which are subject to the 5% percentage tax under the specific provision of the Tax Code; that RMO No. 15-91 is not implementing any provision of the Internal Revenue laws but is a new and additional tax measure on pawnshops, which only Congress could enact, and that it impliedly amends the Tax Code, and that it is a class legislation as it singles out pawnshops.On 1998, the BIR issued Warrant of Distraint and/or Levy against Lhuilliers property for the enforcement and payment of the assessed percentage tax.
When Lhuiller's protest was not acted upon, they elevated it to the CIR which was also not acted upon. Lhuiller filed a Notice and Memo on Appeal with the CTA.
On 2000, the CTA held the the RMOs were void and that the Assessment Notice should be cancelled.
The CIR filed a motion for review with the CA which only affirmed the CTA's decision thus this case in bar.
ISSUES: a. Whether pawnshops included in the
term lending investors for the purpose of imposing the 5% percentage tax under the NIRC.
b. Whether or not the RMOs in question are valid
RULING:a. While it is true that pawnshops are engaged in
the business of lending money, they are not considered lending investors for the purpose of imposing the 5% percentage taxes citing the following reasons: Pawnshops and lending investors were
subjected to different tax treatments as per the NIRC.
Congress never intended pawnshops to be treated in the same way as lending investors.
The BIR had ruled several times prior to the issuance of the RMOs that pawnshops were not subject to the 5% percentage tax imposed by Section 116 of the NIRC of 1977. As Section 116 of the NIRC of 1977 was practically lifted from Section 175 of the NIRC of 1986, and there being no
change in the law, the interpretation thereof should not have been altered.
Section 116 of the NIRC of 1977, as amended by E.O. No. 273, subjects to percentage tax dealers in securities and lending investors only. There is no mention of pawnshops.In the NIRC, the term lending investor includes all persons who make a practice of lending money for themselves or others at interest. A pawnshop, on the other hand, is defined under Section 3 of P.D. No. 114 as a person or entity engaged in the business of lending money on personal property delivered as security for loans.
b. The RMOs are not valid.
There are two kinds of administrative issuances: the legislative rule and the interpretative rule. A legislative rule is in the nature of subordinate legislation, designed to implement a primary legislation by providing the details thereof. An interpretative rule, on the other hand, is designed to provide guidelines to the law which the administrative agency is in charge of enforcing.
When an administrative rule is merely interpretative in nature, its applicability 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 administrative rule goes beyond merely providing for the means that can facilitate or render least cumbersome the implementation of the law but substantially increases the burden of those governed, it behooves the agency to accord at least to those directly affected a chance to be heard, and thereafter to be duly informed, before that new issuance is given the force and effect of law.
RMO No. 15-91 and RMC No. 43-91 cannot be viewed simply as implementing rules or corrective measures revoking in the process the previous rulings of past Commissioners. Specifically, they would have been amendatory provisions applicable to pawnshops. Without these disputed CIR issuances, pawnshops would not be liable to pay the 5% percentage tax,
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considering that they were not specifically included in Section 116 of the NIRC of 1977, as amended. In so doing, the CIR did not simply interpret the law. The due observance of the requirements of notice, hearing, and publication should not have been ignored.
Thus, the Supreme Court held that even though the RMOs were issued in accordance with the power of the CIR, they cannot issue administrative rulings or circulars not consistent with the law sought to be applied. It should remain consistent with the law they intend to carry out. Only Congress can repeal or amend the law.
CASE No. 5
TAMBUNTING PAWNSHOP V. CIR
Facts: The CIR sent Tambunting Pawnshop, Inc. (petitioner) an assessment notice dated January 15, 2003 for P3,055,564.34 deficiency value-added tax (VAT), P406,092.50 deficiency documentary stamp tax on pawn tickets, P67,201.55 deficiency withholding tax on compensation, and P21,723.75 deficiency expanded withholding tax, all inclusive of interests and surcharges for the taxable year 1999.
Petitioner protested the assessment. 2 As the protest merited no response, it filed a Petition for Review 3 with the Court of Tax Appeals. It contended that Pawn Tickets are not subject to DST.
The First Division of the CTA ruled that petitioner is liable for VAT and documentary stamp tax but not for withholding tax on compensation and expanded withholding tax.
Petitioner's Motion for Partial Reconsideration 11 having been denied, 12 it filed a Petition for Review 13 before the CTA En Banc which dismissed 14 it as it did petitioner's Motion for Reconsideration. 15
Issue: Whether Pawn Tickets are subject to DST.
Held: YES.
Section 195 of the National Internal Revenue Code provides:Section 195. On every mortgage or pledge of lands, estate or property, real or personal, heritable or
movable, whatsoever, where the same shall be made as a security for the payment of any definite and certain sum of money lent at the time or previously due and owing or forborne to be paid, being payable, and on any conveyance of land, estate, or property whatsoever, in trust or to be sold, or otherwise converted into money which shall be and intended only as security, either by express stipulation or otherwise,there shall be collected a documentary stamp tax . . . . (underscoring supplied)A D[ocumentary] S[tamp] T[ax] is an excise tax on the exercise of a right or privilege to transfer obligations, rights or properties incident thereto.
Pledge is among the privileges, the exercise of which is subject to DST. A pledge may be defined as an accessory, real and unilateral contract by virtue of which the debtor or a third person delivers to the creditor or to a third person movable property as security for the performance of the principal obligation, upon the fulfillment of which the thing pledged, with all its accessions and accessories, shall be returned to the debtor or to the third person.
Section 3 of the Pawnshop Regulation Act defines a pawn ticket as follows:
"Pawn ticket" is the pawnbrokers' receipt for a pawn. It is neither a security nor a printed evidence of indebtedness."
True, the law does not consider said ticket as an evidence of security or indebtedness. However, for purposes of taxation, the same pawn ticket is proof of an exercise of a taxable privilege of concluding a contract of pledge. There is therefore no basis in petitioner's assertion that a DST is literally a tax on a document and that no tax may be imposed on a pawn ticket. 23 (emphasis and underscoring supplied)
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CASE No. 6
MANILA ELECTRIC COMPANY VS. YATCO
“ The premium tax is due on a policy issued by a foreign insurance company, although perfected abroad, if the risk covered by the insurance is located in the Phils.”Facts:
Manila Electric Company (MERALCO) is a corporation organized and existing under the laws of the Phils. with its principal office and place of business in the City of Manila.
In 1953, it insured with the City of New York Insurance Company and the United States Guaranty Company, certain real and personal properties situated in the Phils. The insurance was entered into in behalf of MERALCO by its broker in New York City.
The insurance companies are foreign corporations not licensed to do business in the Phils. and having no agents therein.
MERALCO throught its broker, paid, in New York the insurance premiums in the sum of P91,696. The CIR, under the authority of Sec. 192 of Act. No. 2427, as amended, assessed and levied a tax of 1% on said premiums which MERALCO paid under protest.
SEC 192. xxx . . . In all cases where owners of
property obtain insurance directly with foreign companies, it shall be the duty of said owners to report to the insurance commissioner and to the CIR each case where insurance has been so effected, and shall pay the tax of one per centum on premium paid, in the manner required by law of insurance companies, and shall be subject to the same penalties for failure to do so.
MERALCO assailed the constitutionality of this provision relying upon a decision made by the Supreme Court of the United States (our SC said that the US case relied upon by MERALCO is not applicable in their case).
Issue: WON the disputed tax is one imposed by the Commonwealth of the Phils. upon a contract beyond its jurisdiction.
Held: The Commonwealth of the Phils. has the power to impose the tax upon the insured, regardless
of whether the contract is executed in a foreign country and with a foreign corporationwhere:a) Where the insured in the Phils. b) the risk insured against also within the
Phils. c) and certain incidents of the contract are to
be attended to in the Phils.such as:
payment of dividends when received in cash
sending of an adjuster into the Phils. in case of dispute
or making of proof of lossUnder such circumstances, substantial elements of the contract may be said to be so situated in the Phils. as to give its government the power to tax. And, even if it be assumed that the tax imposed upon the insured will ultimately be passed on to the insurer, thus constituting an indirect tax upon the foreign corporation, it would still be valid because the foreign corporation, by the stipulations of its contract, has subjected itself to the taxing jurisdiction of the Phils.
DOCUMENTARY STAMP TAX
CASE No. 1
Philippine Banking Corp. vs CIRG.R. No. 170574
Facts:Philippine Banking Corp. (PBC) is a banking institution which offered its SSDA to its depositors. The SSDA is a form of a savings deposit evidenced by a passbook and earning a higher interest rate than a regular savings account. PBC believes that the SSDA is not subject to Documentary Stamp Tax (DST) on the ground that such is in the nature of a regular savings account. CIR explains that certificates of deposits deriving interest are subject to the payment of DST. In addition, it reiterates that PBC’s passbook evidencing its SSDA is considered a certificate of deposit, and being very similar to a time deposit account, it should be subject to the payment of DST.
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Issue:Whether or not PBC’s SSDAs are "certificates of deposits drawing interest" which are subject to DST?Held:Yes, an SSDA is identical to a time deposit account and is therefore subject to DST.Documentary stamp tax is a tax on documents, instruments, loan agreements, and papers evidencing the acceptance, assignment, sale or transfer of an obligation, right or property incident thereto. A DST is actually an excise tax because it is imposed on the transaction rather than on the document. Hence, in imposing the DST, the Court considers not only the document but also the nature and character of the transaction.As correctly observed by the CTA, a certificate of deposit is a written acknowledgment by a bank of the receipt of a sum of money on deposit which the bank promises to pay to the depositor, to the order of the depositor, or to some other person or his order, whereby the relation of debtor or creditor between the bank and the depositor is created.Based on its features, it is clear that the SSDA is a certificate of deposit drawing interest subject to DST even if it is evidenced by a passbook and non-negotiable in character. A document to be deemed a certificate of deposit requires no specific form as long as there is some written memorandum that the bank accepted a deposit of a sum of money from a depositor. What is important and controlling is the nature or meaning conveyed by the passbook and not the particular label or nomenclature attached to it, inasmuch as substance, not form, is paramount.
CASE No. 2
Fort Bonifacio Development Corp., Petitioner vs. Commissioner of Internal Revenue (CIR)
Facts: Congress created the Bases Conversion Development Authority(BCDA) for the purpose of raising funds through the sale to private investors of military camps located in Metro Manila. To do this, BCDA established the Fort Bonifacio Development Corporation (FBDC ) to develop a 440-hectare area in Fort Bonifacio, Taguig City, for mixed residential, commercial, business, institutional, recreational, tourism, and other purposesThe Republic sold the Fort Bonifacio land to FBDC under a special patent and the latter paid for it with a promissory note. Subsequently, the Republic executed a
Deed of Absolute sale. Congress then, enacted R.A. 7917, declaring exempt from all forms of taxes the proceeds of the Government sale of the Fort Bonifacio land.More than three years later the CIR issued a Letter of Authority, providing for the examination of FBDC's books and other accounting records covering all its internal revenue liabilities for the 1995 taxable year, the year it came into being. It issued a Final Assessment Notice to FBDC for deficiency documentary stamp tax of P1,068,412,560.00 based on the Republic's 1995 sale to it of the Fort Bonifacio land.FBDC protested the assessment invoking R.A. 7917, which exempted the proceeds of the sale of the Fort Bonifacio land from all forms of taxes.CTA denied FBDC's petition and affirming the Commissioner's DST assessment. The CTA treated the Republic's issuance of the Special Patent separate and distinct from the Deed of Absolute Sale that it executed. The former, said the CTA, was tax exempt but the latter was not.During the pendency of these petitions or on December 17, 2004 the FBDC filed a manifestation and motion informing the Court that the disputed assessment had already been paid.
IssueWhether or not the FBDC is liable for the payment of the DST and a 20% delinquency interest on the Deed of Absolute Sale of the 214-hectare Fort Bonifacio land that the Republic executed in FBDC's favor
The Ruling of the Court
No.
The Republic's subsequent execution of a Deed of Absolute Sale cannot be regarded as a separate transaction subject to the payment of DST. The Republic's sale of the land to FBDC under the Special Patent was a complete and a valid sale that conveyed ownership of the land to the buyer.Clearly, in acknowledging that the Republic "has issued . . . a Special Patent which will absolutely and irrevocably grant and convey" the legal title over the land to FBDC, the Republic in effect admitted that the Deed of Absolute Sale was only a formality, not a vehicle for conveying ownership, that it thought essential for the issuance of an Original Certificate of Title (OCT) covering the land. The issuance of the OCT lent itself to unrestricted commercial use that helped attain the law's objective of raising through the BCDA and its subsidiaries the funds needed for specified government projects. Furthermore, the government warranted
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under the Deed of Absolute Sale it executed in FBDC's favor that "[T]here are no . . . taxes due and owing on or in respect of the subject property or the transfer thereof in favor of the buyer."
The sale of Fort Bonifacio land was not a privilege but an obligation imposed by law which was to sell lands in order to fulfill a public purpose. To charge DST on a transaction which was basically a compliance with a legislative mandate would go against its very nature as an excise tax.
CASE No. 3
COMMISSIONER OF INTERNAL REVENUE, Petitioner , v. MANILA BANKERS' LIFE INSURANCE CORPORATION, Respondent (G.R. No. 169103:March 16, 2011.)
FACTS: On December 14, 1999, based on the findings of its Revenue Officers, the petitioner BIR issued a Preliminary Assessment Notice against the respondent Manila Bankers Life Insurance Corporation for its deficiency internal revenue taxes for the year 1997.The respondent agreed to all the assessments issued against it except to the amount of P2,351,680.90 representing deficiency documentary stamp taxes on its policy premiums and penalties.Thus, on January 4, 2000, the petitioner issued against the respondent a Formal Letter of Demand with the corresponding Assessment Notices attached, one of which was pertaining to the documentary stamp taxes due on respondent’s policy premiums. On February 3, 2000, the respondent filed its Letter of Protest with the Bureau of Internal Revenue (BIR) contesting the assessment for deficiency documentary stamp tax on its insurance policy premiums. It remained unacted upon, and thus, on October 26, 2000, the respondent filed a Petition for Review with the CTA for the cancellation of Assessment Notice. The CTA granted the petition, which the CA affirmed. Thus, this petition filed by the CIR. The deficiency documentary stamp tax was assessed on the increases in the life insurance coverage of two kinds of policies: the "Money Plus Plan," which is an ordinary term life insurance policy; and the group life insurance policy. The increases in the coverage of the life
insurance policies were brought about by the premium payments made subsequent to the issuance of the policies. The Money Plus Plan is a 20-year term ordinary life insurance plan with a "Guaranteed Continuity Clause" which allowed the policy holder to continue the policy after the 20-year term subject to certain conditions. Under the plan, the policy holders paid their premiums in five separate periods, with the premium payments, after the first period premiums, to be made only upon reaching a certain age. The succeeding premium payments translated to increases in the sum assured. Thus, the petitioner believed that since the documentary stamp tax was affixed on the policy based only on the first period premiums, then the succeeding premium payments should likewise be subject to documentary stamp tax. In the case of respondents group insurance, the deficiency documentary stamp tax was imposed on the premiums for the additional members to already existing and effective master policies. The petitioner concluded that any additional member to the group of employees, who were already insured under the existing mother policy, should similarly be subjected to documentary stamp tax. ISSUE Whether or not documentary stamp tax should be imposed on increase due to additional premiums in the Money Plus Plan and the group insurance plan HELDThe petition is granted. TAXATION: Documentary stamp tax on insurance policies.Under Section 173 of the Tax Code, the documentary stamp tax becomes due and payable at the time the insurance policy is issued, with the tax based on the amount insured by the policy as provided for in Section 183. The provision which specifically applies to renewals of life insurance policies is Section 183, which states that on all policies of insurance or other instruments by whatever name the same may be called, whereby any insurance shall be made or renewed upon any life or lives, there shall be collected a documentary stamp tax.
DST on “Money Plus Plan”To argue that there was no new legal relationship created by the availment of the guaranteed continuity clause would mean that any option to renew,
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integrated in the original agreement or contract, would not in reality be a renewal but only a discharge of a pre-existing obligation. The truth of the matter is that the guaranteed continuity clause only gave the insured the right to renew his life insurance policy which had a fixed term of twenty years. And although the policy would still continue with essentially the same terms and conditions, the fact is, its maturity date, coverage, and premium rate would have changed. We cannot agree with the CTA in its holding that "the renewal, is in effect treated as an increase in the sum assured since no new insurance policy was issued." The renewal was not meant to restore the original terms of an old agreement, but instead it was meant to extend the life of an existing agreement, with some of the contract's terms modified. This renewal was still subject to the acceptance and to the conditions of both the insured and the respondent. This is entirely different from a simple mutual agreement between the insurer and the insured, to increase the coverage of an existing and effective life insurance policy.It is clear that the availment of the option in the guaranteed continuity clause will effectively renew the Money Plus Plan policy, which is indisputably subject to the imposition of documentary stamp tax under Section 183 as an insurance renewed upon the life of the insured.
DST on Group Life InsuranceWith regard to the group policy, the respondent asserts that since the documentary stamp tax, by its nature, is paid at the time of the issuance of the policy, “then there can be no other imposition on the same, regardless of any change in the number of employees covered by the existing group insurance.“However, every time the respondent registers and attaches another employee an existing master policy, it exercises its privilege to conduct its business of insurance and this is patently subject to documentary stamp tax as insurance made upon a life under Section 183. Whenever a master policy admits of another member, another life is insured and covered. Petition is GRANTED and the decisions of the CTA and CA are SET ASIDE. CASE No. 4
H. TAMBUNTING VS CIR
FACTS:• The case stemmed from a Pre-Assessment Notice[4] issued by the Commissioner of Internal Revenue (CIR) against H. Tambunting Pawnshop, Inc. (Tambunting) for, among others, deficiency documentary stamp tax (DST) of P50,910.• Tambunting filed its written protest to the assessment notice alleging that it was not subject to documentary stamp tax under Section 195[7] of the National Internal Revenue Code (NIRC) because documentary stamp taxes were applicable only to pledge contracts, and the pawnshop business did not involve contracts of pledge.AARGUMENTS:• SOLGEN: argues that Section 195 of the NIRC expressly provides that a documentary stamp tax shall be collected on every pledge of personal property as a security for the fulfillment of the contract of loan. Since the transactions in a pawnshop business partake of the nature of pledge transactions, then pawn transactions evidenced by pawn tickets, are subject to documentary stamp taxes.• PETITIONER TAMBUNTING: Petitioner contends that it is the document evidencing a pledge of personal property which is subject to the DST. A pawn ticket is defined under Section 3 of Presidential Decree No. 114[11] as the pawnbrokers receipt for a pawn [and] is neither a security nor a printed evidence of indebtedness. Petitioner argues that since the document taxable under Section 195 must show the existence of a debt, a pawn ticket which is merely a receipt for a pawn is not subject to DST.• Petitioner further contends that the DST is imposed on the documents issued, not the transactions so had or accomplished. It insists that the document to be taxed under the transaction contemplated should be the pledge agreement, if any is issued, not the pawn ticket.ISSUES:RULING:LEGAL PROVISION APPLICABLE:
“SEC. 195. Stamp Tax on Mortgages, Pledges and Deeds of Trust. On every mortgage or pledge of lands, estate, or property, real or personal, heritable or movable, whatsoever, where the same shall be made as a security for the payment of any definite and certain sum of money lent at the time or previously due and owing or forborne to be paid,….”
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• The law imposes DST on documents issued in respect of the specified transactions, such as pledge, and not only on papers evidencing indebtedness. Therefore, a pawn ticket, being issued in respect of a pledge transaction, is subject to documentary stamp tax.• Petitioners explanations fail to dissuade us from recognizing the pawn ticket as the document that evidences the pledge. True, the pawn ticket is neither a security nor a printed evidence of indebtedness. But, precisely being a receipt for a pawn, it documents the pledge. A pledge is a real contract, hence, it is necessary in order to constitute the contract of pledge, that the thing pledged be placed in the possession of the creditor, or of a third person by common agreement.[15] Consequently, the issuance of the pawn ticket by the pawnshop means that the thing pledged has already been placed in its possession and that the pledge has been constituted.
DECISION: TAMBUNTING is hereby ordered to pay petitioner Commissioner of Internal Revenue, the amount of Php50,910.00 as 1997 deficiency documentary stamp tax assessment. EXCLUDING SURCHARGES
CASE No. 5
COMMISSIONER OF INTERNAL REVENUE vs. LINCOLN PHILIPPINE LIFE INSURANCE COMPANY, INC. (now JARDINE-CMA LIFE INSURANCE COMPANY, INC.) and THE COURT OF APPEALSG.R. No. 119176 | March 19, 2002
Facts:In the years prior to 1984, private respondent issued a special kind of life insurance policy known as the "Junior Estate Builder Policy," the distinguishing feature of which is a clause providing for an automatic increase in the amount of life insurance coverage upon attainment of a certain age by the insured without the need of issuing a new policy. The clause was to take effect in the year 1984. Documentary stamp taxes due on the policy were paid by petitioner only on the initial sum assured.Subsequently, petitioner issued deficiency documentary stamps tax assessment for the year 1984 in the amount of P464,898.75 corresponding to the amount of automatic increase of the sum assured on the policy issued by respondent.Private respondent questioned the deficiency assessments and sought their cancellation in a petition
filed in the Court of Tax Appeals.The Court of Tax Appeals found no valid basis for the deficiency tax assessment on the insurance policy. The Court of Appeals affirmed the decision of the Court of Tax Appeals decision insofar as it nullified the deficiency assessment on the insurance policy.The Commissioner of Internal Revenue filed the present petition questioning that portion of the Court of Appeals’ decision which invalidated the deficiency assessment on the insurance policy.Petitioner claims that the "automatic increase clause" in the subject insurance policy is separate and distinct from the main agreement and involves another transaction; and that, while no new policy was issued, the original policy was essentially re-issued when the additional obligation was assumed upon the effectivity of this "automatic increase clause" in 1984; hence, a deficiency assessment based on the additional insurance not covered in the main policy is in order.Issues:1. Whether or not the automatic increase clause is a single agreement embodied in the policy or a separate agreement.2. Whether or not the Court of Appeals erred in not computing the amount of tax on the total value of the insurance assured in the policy including the additional increase assured by the automatic increase clause.Ruling:The petition is impressed with merit.It is clear from Section 173 that the payment of documentary stamp taxes is done at the time the act is done or transaction had and the tax base for the computation of documentary stamp taxes on life insurance policies under Section 183 is the amount fixed in policy, unless the interest of a person insured is susceptible of exact pecuniary measurement. The amount fixed in the policy is the figure written on its face and whatever increases will take effect in the future by reason of the "automatic increase clause" embodied in the policy without the need of another contract.Here, although the automatic increase in the amount of life insurance coverage was to take effect later on, the date of its effectivity, as well as the amount of the increase, was already definite at the time of the issuance of the policy. Thus, the amount insured by the policy at the time of its issuance necessarily included the additional sum covered by the automatic increase clause because it was already determinable at the time the transaction was entered into and formed part of the policy.
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The deficiency of documentary stamp tax imposed on private respondent is definitely not on the amount of the original insurance coverage, but on the increase of the amount insured upon the effectivity of the "Junior Estate Builder Policy."To claim that the increase in the amount insured (by virtue of the automatic increase clause incorporated into the policy at the time of issuance) should not be included in the computation of the documentary stamp taxes due on the policy would be a clear evasion of the law requiring that the tax be computed on the basis of the amount insured by the policy.
CASE No. 6
JAKA INVESTMENTS CORP. VS. CIR, GR NO. 147629, JULY 28, 2010
Facts:
Sometime in 1994, petitioner sought to invest in JAKA Equities Corporation (JEC), which was then planning to undertake an initial public offering (IPO) and listing of its shares of stock with the Philippine Stock Exchange. JEC increased its authorized capital stock from One Hundred Eighty-Five Million Pesos (P185,000,000.00) to Two Billion Pesos (P2,000,000,000.00). Petitioner proposed to subscribe to Five Hundred Eight Million Eight Hundred Six Thousand Two Hundred Pesos (P508,806,200.00) out of the increase in the authorized capital stock of JEC through a tax-free exchange under Section 34(c)(2) of the National Internal Revenue Code (NIRC) of 1977, as amended, which was effected by the execution of a Subscription Agreement and Deed of Assignment of Property in Payment of Subscription. Under this agreement the petitioner assigned and transferred to JEC all its shares from Republic Glass Holdings Corp., Phil. Global Communications, Inc., United Coconut Planters Bank and Far East Bank and Trust Company.
The intended IPO and listing of shares of JEC did not materialize. However, JEC still decided to proceed with the increase in its authorized capital stock and petitioner agreed to subscribe thereto, but under different terms of payment. Thus, petitioner and JEC executed the Amended Subscription Agreement[4] on September 5, 1994, wherein the above-enumerated RGHC, PGCI, and UCPB shares of stock were transferred to JEC. In lieu of the FEBTC shares, however, the amount of Three Hundred Seventy Million Seven
Hundred Sixty-Six Thousand Pesos (P370,766,000.00) was paid for in cash by petitioner to JEC.
On October 17, 1994, Revenue District Officer (RDO) Atty. Sixto S. Esquivias IV (RDO Esquivias) issued three Certifications. Petitioner, after seeing the RDOs certifications, the total amount of which was less than the actual amount it had paid as documentary stamp tax, concluded that it had overpaid. Petitioner subsequently sought a refund for the alleged excess documentary stamp tax and surcharges it had paid on the Amended Subscription Agreement in the amount of Four Hundred Ten Thousand Three Hundred Sixty-Seven Pesos (P410,367.00).
Petitioners main contention in this claim for refund is that the tax base for the documentary stamp tax on the Amended Subscription Agreement should have been only the shares of stock in RGHC, PGCI, and UCPB that petitioner had transferred to JEC as payment for its subscription to the JEC shares, and should not have included the cash portion of its payment, based on Section 176 of the National Internal Revenue Code of 1977, as amended by Republic Act No. 7660, or the New Documentary Stamps Tax Law (the 1994 Tax Code), the law applicable at the time of the transaction. Petitioner argues that the cash component of its payment for its subscription to the JEC shares, totaling Three Hundred Seventy Million Seven Hundred Sixty-Six Thousand Pesos (P370,766,000.00) should not have been charged any documentary stamp tax.CTA denied its petition for refund.CA sustained the CTA.
Issue: WON petitioner is entitled to a partial refund of the DST and surcharges it paid on the execution of the Amended Subscription Agreement.
Held: NO.
The court cited Compagnie Financiere Sucres Et Denrees v. Commissioner of Internal Revenue:
x x x Tax refunds are a derogation of the State's taxing power. Hence, like tax exemptions, they are construed strictly against the taxpayer and liberally in favor of the State. Consequently, he who claims a refund or exemption from taxes has the burden of justifying the exemption
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by words too plain to be mistaken and too categorical to be misinterpreted. x x x.
It was thus incumbent upon petitioner to show clearly its basis for claiming that it is entitled to a tax refund. This, to our mind, the petitioner failed to do.
Xxxxxxxxxx
Sec. 173. Stamp taxes upon documents, instruments, and papers. Upon documents, instruments, and papers, and upon acceptances, assignments, sales, and transfers of the obligation, or property incident thereto, there shall be levied, collected and paid for, and in respect of the transaction so had or accomplished, the corresponding documentary stamp taxes prescribed in the following sections of this Title, by the person making, signing, issuing, accepting, or transferring the same, whenever the document is made, signed, issued, accepted or transferred when the obligation or right arises from Philippine sources or the property is situated in the Philippines, and at the same time such act is done or transaction had: Provided, That whenever one party to the taxable document enjoys exemption from the tax herein imposed, the other party thereto who is not exempt shall be the one directly liable for the tax. (as amended by R.A. No. 7660)
The DST imposition is essentially addressed and directly brought to bear upon the DOCUMENT evidencing the transaction of the parties which establishes its rights and obligations. In the case at bar, the rights and obligations between petitioner JAKA Investments Corporation and JAKA Equities Corporation are established and enforceable at the time the Amended Subscription Agreement and Deed of Assignment of Property in Payment of Subscription were signed by the parties and their witness, so is the right of the state to tax the aforestated document evidencing the transaction. DST is a tax on the document itself and therefore the rate of tax must be determined on the basis of what is written or indicated on the instrument itself independent of any adjustment which the parties may agree on in the future x x x. The DST upon the taxable document should be paid at the time the contract is executed or at the time the transaction is accomplished. The overriding purpose of the law is the collection of taxes. So that when it paid in cash the amount of P370,766,000.00 in
substitution for, or replacement of the 1,313,176 FEBTC shares, its payment of P1,003,835.65 documentary stamps tax pursuant to Section 175 of NIRC is in order.
A documentary stamp tax is in the nature of an excise tax. It is not imposed upon the business transacted but is an excise upon the privilege, opportunity or facility offered at exchanges for the transaction of the business. It is an excise upon the facilities used in the transaction of the business separate and apart from the business itself. Documentary stamp taxes are levied on the exercise by persons of certain privileges conferred by law for the creation, revision, or termination of specific legal relationships through the execution of specific instruments. Thus, we have held that documentary stamp taxes are levied independently of the legal status of the transactions giving rise thereto. The documentary stamp taxes must be paid upon the issuance of the said instruments, without regard to whether the contracts which gave rise to them are rescissible, void, voidable, or unenforceable.
The relevant provisions of the Tax Code at the time of the transaction are quoted below: Sec. 175. Stamp tax on original issue of certificates of stock. On every original issue, whether on organization, reorganization or for any lawful purpose, of certificates of stock by any association, company, or corporations, there shall be collected a documentary stamp tax of Two pesos (P2.00) on each two hundred pesos, or fractional part thereof, of the par value of such certificates: Provided, That in the case of the original issue of stock without par value the amount of the documentary stamp tax herein prescribed shall be based upon the actual consideration received by the association, company, or corporation for the issuance of such stock, and in the case of stock dividends on the actual value represented by each share. Sec. 176. Stamp tax on sales, agreements to sell, memoranda of sales, deliveries or transfer of due-bills, certificates of obligation, or shares or certificates of stock. On all sales, or agreements to sell, or memoranda of sales, or deliveries, or transfer of due-bills, certificates of obligation, or shares or certificates of stock in any association, company or corporation, or transfer of such securities by assignment in blank, or by delivery, or by any paper or agreement, or memorandum or other evidences of transfer or sale
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whether entitling the holder in any manner to the benefit of such due-bills, certificates of obligation or stock, or to secure the future payment of money, or for the future transfer of any due-bill, certificates of obligation or stock, there shall be collected a documentary stamp tax of One peso (P1.00) on each two hundred pesos, or fractional part thereof, of the par value of such due-bill, certificates of obligation or stock: Provided, That only one tax shall be collected on each sale or transfer of stock or securities from one person to another, regardless of whether or not a certificate of stock or obligation is issued, endorsed, or delivered in pursuance of such sale or transfer: and Provided, further, That in the case of stock without par value the amount of the documentary stamp herein prescribed shall be equivalent to twenty-five per centum of the documentary stamp tax paid upon the original issue of said stock: Provided, furthermore, That the tax herein imposed shall be increased to One peso and fifty centavos (P1.50) beginning 1996. The court cited its previous rulings:
Commissioner of Internal Revenue v. First Express Pawnshop Company, Inc.:
In Section 175 of the Tax Code, DST is imposed on the original issue of shares of stock. The DST, as an excise tax, is levied upon the privilege, the opportunity and the facility of issuing shares of stock. In Commissioner of Internal Revenue v. Construction Resources of Asia, Inc., this Court explained that the DST attaches upon acceptance of the stockholder's subscription in the corporation's capital stock regardless of actual or constructive delivery of the certificates of stock.
Philippine Consolidated Coconut Ind., Inc. v. Collector of Internal Revenue:
When is the certificate of stock deemed 'issued' for the purpose of imposing the documentary stamp tax? Ordinarily, when a corporation issues a certificate of stock (representing the ownership of stocks in the corporation to fully paid subscription) the certificate of stock can be utilized for the exercise of the attributes of ownership over the stocks mentioned on its face. The stocks can be alienated; the dividends or fruits derived therefrom can be enjoyed, and they can be conveyed, pledged or encumbered. The certificate as issued by the corporation, irrespective of whether or not it is in the actual or constructive possession of the stockholder, is
considered issued because it is with value and hence the documentary stamp tax must be paid as imposed by Section 212 of the National Internal Revenue Code, as amended.
In Compagnie Financiere Sucres et Denrees v. Commissioner of Internal Revenue, the Court held that under Section 176 of the Tax Code, sales to secure the future transfer of due-bills, certificates of obligation or certificates of stock are subject to documentary stamp tax.
RMO 08-98, reiterating Revenue Memorandum Circular No. 47-97 (RMC 47-97), also states that what is being taxed is the privilege of issuing shares of stock, and, therefore, the taxes accrue at the time the shares are issued. RMC 47-97 also defines issuance as the point in which the stockholder acquires and may exercise attributes of ownership over the stocks. As pointed out by the CTA, Sections 175 and 176 of the Tax Code contemplate a subscription agreement in order for a taxpayer to be liable to pay the DST. A subscription contract is defined as any contract for the acquisition of unissued stocks in an existing corporation or a corporation still to be formed. A stock subscription is a contract by which the subscriber agrees to take a certain number of shares of the capital stock of a corporation, paying for the same or expressly or impliedly promising to pay for the same. Petitioner claims overpayment of the documentary stamp tax but its basis for such is not clear at all. While insisting that the documentary stamp tax it had paid for was not based on the original issuance of JEC shares as provided in Section 175 of the 1994 Tax Code, petitioner failed in showing, even through a mere basic computation of the tax base and the tax rate, that the documentary stamp tax was based on the transfer of shares under Section 176 either. It would have been helpful for petitioners cause had it submitted proof of the par value of the shares of stock involved, to show the actual basis for the documentary stamp tax computation. For comparison, the original Subscription Agreement ought to have been submitted as well. All that petitioner submitted to back up its claim were the certifications issued by then RDO Esquivias. As correctly pointed out by respondent, however, the amounts in the RDO certificates were the amounts of documentary stamp tax representing the equivalent of
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each group of shares being applied for payment. The purpose for issuing such certifications was to allow registration of transfer of shares of stock used in partial payment for petitioners subscription to the original issuance of JEC shares. It should not be used as evidence of payment of documentary stamp tax. Neither should it be the lone basis of a claim for a documentary stamp tax refund. The fact that it was petitioner and not JEC that paid for the documentary stamp tax on the original issuance of shares is of no moment, as Section 173 of the 1994 Tax Code states that the documentary stamp tax shall be paid by the person making, signing, issuing, accepting or transferring the property, right or obligation.
CASE No. 7
CIR vs First Express Pawnshop Company, Inc.
Facts:CIR through Acting Regional Director of
Revenue Region 6, issued assessment notices against First Express Pawnshop Company, Inc. (FIPC) for deficiency income tax, VAT and DST on deposit on subscription and on pawn tickets. FIPC filed its written protest on the assessments. Since CIR did not act on the protest during the 180-day period, FIPC filed a petition before the CTA.
On liability to pay DST:FIPC contends that it is not liable for the
deficiency in DST on deposit on subscription.The P800, 000 represents the payment by the
stockholders to the company for the deposit for future subscription. As there had been yet no subscription contract, FIPC should not be liable for DST.
On finality of assessment:CIR asserts that even if FIPC filed a protest, it
did not offer evidence to prove its claim that the deposit on subscription was an “advance” made by FIPC’s stockholders. CIR alleges that FIPC’s failure to submit supporting documents within 60 days from the filing of its protest as required under Section 228 of the Tax Code caused the assessment of P12, 328.45 for deposit on subscription to become final and unassailable.Issue:
1. Whether respondent is liable to pay P12, 328.45 as DST on deposit on subscription of capital stock.
2. Whether the assessment (#3) has become final and unappealable. Held:
1. NO, deposit on stock subscription is merely an amount of money received by a corporation with a view of applying the same as payment for additional issuance of shares in the future, an event which may or may not happen.
A subscription contract is defined as any contract for the acquisition of unissued stocks in an existing corporation or a corporation still to be formed.
A stock subscription is a contract by which the subscriber agrees to take a certain number of shares of the capital stock of a corporation, paying for the same or expressly or impliedly promising to pay for the same.
Based on Rosario’s (company’s external auditor) testimony and respondent’s financial statements as of 1998, there was no agreement to subscribe to the unissued shares.
As regards those certificates of stocks temporarily subject to suspensive conditions they shall be liable for said tax only when released from said conditions, for then and only then shall they truly acquire any practical value for their owners. (Commissioner of Internal Revenue v. Construction Resources of Asia, Inc.)
Clearly, the deposit on stock subscription as reflected in respondent’s Balance Sheet as of 1998 is not a subscription agreement subject to the payment of DST. There is no P800, 000 worth of subscribed capital stock that is reflected in respondent’s GIS.
The deposit on stock subscription is merely an amount of money received by a corporation with a view of applying the same as payment for additional issuance of shares in the future, an event which may or may not happen.
The person making a deposit on stock subscription does not have the standing of a stockholder and he is not entitled to dividends, voting rights or other prerogatives and attributes of a stockholder.
Hence, respondent is not liable for the payment of DST on its deposit on subscription for the reason that there is yet no subscription that creates rights and obligations between the subscriber and the corporation.
2. No. Respondent has complied with the requisites in disputing an assessment pursuant to Section 228 of the Tax Code. Hence, the tax assessment cannot be considered as final, executory and
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demandable. Further, respondent’s deposit on subscription is not subject to the payment of DST. Consequently, respondent is not liable to pay the deficiency DST of P12, 328.45.
We reject petitioner’s view that the assessment has become final and unappealable. It cannot be said that respondent failed to submit relevant supporting documents that would render the assessment final because when respondent submitted its protest, respondent attached the GIS and Balance Sheet. Further, petitioner cannot insist on the submission of proof of DST payment because such document does not exist as respondent claims that it is not liable to pay, and has not paid, the DST on the deposit on subscription.
The term “relevant supporting documents” should be understood as those documents necessary to support the legal basis in disputing a tax assessment as determined by the taxpayer. The BIR can only inform the taxpayer to submit additional documents.
The BIR cannot demand what type of supporting documents should be submitted. Otherwise, a taxpayer will be at the mercy of the BIR, which may require the production of documents that a taxpayer cannot submit.
After respondent submitted its letter-reply stating that it could not comply with the presentation of the proof of DST payment, no reply was received from petitioner.
Section 228 states that if the protest is not acted upon within 180 days from submission of documents, the taxpayer adversely affected by the inaction may appeal to the CTA within30 days from the lapse of the 180-day period. Respondent, having submitted its supporting documents on the same day the protest was filed, had until 31 July 2002 to wait for petitioner’s reply to its protest. On 28 August 2002 or within 30 days after the lapse of the 180-day period counted from the filing of the protest as the supporting documents were simultaneously filed, respondent filed a petition before the CTA.
CASE No. 8
INTERNATIONAL EXCHANGE BANK VS CIR
FACTS:The International Exchange Bank (IEB) personally received an assessment for deficiency Documentary Stamp Tax (DST) on its purchases of securities from the Bangko Sentral ng Pilpinas (BSP)or Government
Securities Purchased-Reverse Repurchase Agreement (RRPA) and its Savings Account-Fixed Savings Deposit (FSD) for the taxable years 1996 and 1997.
The IEB then filed a protest letter alleging that its FSD is not subject to DST since it cannot be considered a certificate of deposit subject to DST under Section 180 of the Tax Code for, unlike a certificate of deposit which is a negotiable instrument, the passbook it issued for its FSD was not payable to the order of the depositor or to some other person as the deposit could only be withdrawn by the depositor or by a duly authorized representative.
Furthermore, the bank argued that deposits evidenced by a passbook which have features akin to a time deposit such as petitioner’s FSD, is not subject to DST under the Tax Code and the NIRCISSUES: Whether or not the IEB’s Fixed Savings Deposit evidenced by a passbook is subject toDocumentary Stamp Tax for the years assessedRULING: A passbook representing an interest earning deposit
account issued by a bank qualifies as a certificate of deposit drawing interest. A document to be deemed a certificate of deposit requires no specific form as long as there is some written memorandum that the bank accepted a deposit of a sum of money from a depositor. What is important and controlling is the nature or meaning conveyed by the passbook and not the particular label or nomenclature attached to it, inasmuch as substance, not form, is paramount.
The negotiable character of any and all documents under Section 180 is immaterial for purposes of imposing DST. Orders for the payment of sum of money payable at sight or on demand are of course explicitly exempted from the payment of DST.
Thus, a regular savings account with a passbook which is withdrawable at any time is not subject to DST, unlike a time deposit which is payable on a fixed maturity date.
As for the IEB’s argument that its FSD is similar to a regular savings deposit because it is evidenced by a passbook, the same does not lie.
The FSD, like a time deposit, provides for a higher interest rate when the deposit is not withdrawn within the required fixed period; otherwise, it earns interest pertaining to a regular savings deposit. Having a fixed term and the reduction of interest rates in case of pre-termination are essential
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features of a time deposit. It bears emphasis that DST is an excise tax upon the privilege, opportunity or facility offered at exchanges for the transaction of the business. While tax avoidance schemes and arrangements are not prohibited, tax laws cannot be circumvented in order to evade payment of just taxes.
To claim that time deposits evidenced by passbooks should not be subject to DST is a clear evasion of the rule on equality and uniformity in taxation that requires the imposition of DST on documents evidencing transactions of the same kind, in this particular case, on all certificates of deposits drawing interest
CASE No. 9
PHILIPPINE HEALTH CARE PROVIDERS, INC., Petitioner, v.COMMISSIONER OF INTERNAL REVENUE, Respondent.G.R. No. 167330June 12, 2008
FACTS: Petitioner is a domestic corporation whose primary purpose is [t]o establish, maintain, conduct and operate a prepaid group practice health care delivery system or a health maintenance organization to take care of the sick and disabled persons enrolled in the health care plan and to provide for the administrative, legal, and financial responsibilities of the organization.[2] Individuals enrolled in its health care programs pay an annual membership fee and are entitled to various preventive, diagnostic and curative medical services provided by its duly licensed physicians, specialists and other professional technical staff participating in the group practice health delivery system at a hospital or clinic owned, operated or accredited by it.
On January 27, 2000, respondent Commissioner of Internal Revenue sent petitioner a formal demand letter and the corresponding assessment notices demanding the payment of deficiency taxes, including surcharges and interest, for the taxable years 1996 and 1997 in the total amount of P224,702,641.18.
The deficiency DST assessment was imposed on petitioners health care agreement with the members of its health care program pursuant to Section 185 of the 1997 Tax Code which provides:
Section 185. Stamp tax on fidelity bonds and other insurance policies. On all policies of insurance or bonds or obligations of the nature of indemnity for loss, damage, or liability made or renewed by any person, association or company or corporation transacting the business of accident, fidelity, employers liability, plate, glass, steam boiler, burglar, elevator, automatic sprinkler, or other branch of insurance (except life, marine, inland, and fire insurance), and all bonds, undertakings, or recognizances, conditioned for the performance of the duties of any office or position, for the doing or not doing of anything therein specified, and on all obligations guaranteeing the validity or legality of any bond or other obligations issued by any province, city, municipality, or other public body or organization, and on all obligations guaranteeing the title to any real estate, or guaranteeing any mercantile credits, which may be made or renewed by any such person, company or corporation, there shall be collected a documentary stamp tax of fifty centavos (P0.50) on each four pesos (P4.00), or fractional part thereof, of the premium charged. (emphasis supplied)
ISSUE: Is a health care agreement in the nature of an insurance contract and therefore subject to the documentary stamp tax (DST) imposed under Section 185 of Republic Act 8424 (Tax Code of 1997)?RULING: Yes.
The DST is levied on the exercise by persons of certain privileges conferred by law for the creation, revision, or termination of specific legal relationships through the execution of specific instruments.[12] It is an excise upon the privilege, opportunity, or facility offered at exchanges for the transaction of the business.[13] In particular, the DST under Section 185 of the 1997 Tax Code is imposed on the privilege of making or renewing any policy of insurance (except life, marine, inland and fire insurance), bond or obligation in the nature of indemnity for loss, damage, or liability.
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Under the law, a contract of insurance is an agreement whereby one undertakes for a consideration to indemnify another against loss, damage or liability arising from an unknown or contingent event.[14] The event insured against must be designated in the contract and must either be unknown or contingent.[15]
Petitioners health care agreement is primarily a
contract of indemnity. And in the recent case of Blue Cross Healthcare, Inc. v. Olivares,[16] this Court ruled that a health care agreement is in the nature of a non-life insurance policy.
Petitioners health care agreement is
substantially similar to that involved in Philamcare Health Systems, Inc. v. CA.[18] The health care agreement in that case entitled the subscriber to avail of the hospitalization benefits, whether ordinary or emergency, listed therein. It also provided for out-patient benefits such as annual physical examinations, preventive health care and other out-patient services.This Court ruled in Philamcare Health Systems, Inc.:
[T]he insurable interest of [the subscriber] in obtaining the health care agreement was his own health. The health care agreement was in the nature of non-life insurance, which is primarily a contract of indemnity. Once the member incurs hospital, medical or any other expense arising from sickness, injury or other stipulated contingency, the health care provider must pay for the same to the extent agreed upon under the contract.[19] (emphasis supplied) Moreover, DST is not a tax on the business
transacted but an excise on the privilege, opportunity, or facility offered at exchanges for the transaction of the business.[21] It is an excise on the facilities used in the transaction of the business, separate and apart from the business itself.[22]
CASE No. 10
G.R. No. 166786 September 11, 2006MICHEL J. LHUILLER PAWNSHOP, INC.,petitioner, vs. COMMISSIONER OF INTERNAL REVENUE,respondent.
FACTS:MICHEL J. LHUILLER PAWNSHOP, INC. is a
corporation engaged in the pawnshop business, received Assessment Notice issued by the Chief Assessment Division, Revenue Region No. 13, Cebu City, for deficiency VAT in the amount of P19,961,636.09 and deficiency DST in the amount of P13,142,986.02, for the year 1997.
Petitioner contends that before an exercise of a taxable privilege may be subject to DST, it is indispensable that the transaction must be embodied in and evidenced by a document. Since a pawn ticket as defined in Presidential Decree (P.D.) No. 114 or the Pawnshop Regulation Act is merely the pawnbrokers' receipt for a pawn and not a security nor a printed evidence of indebtedness, it cannot be considered as among the documents subject to DST.ISSUE:
1.Whether petitioner’s pawnshop transactions are subject to DST
2. Whether the petitioner is liable to pay surcharges and interest?RULING:1.) The Court rules in the affirmative.Sections 173 and 195 of the NIRC, state:SEC. 173.Stamp Taxes Upon Documents, Loan Agreements, Instruments, and Papers. –Upon documents, instruments, loan agreements and papers, and upon acceptances, assignments, sales and transfers of the obligation, right or property incident thereto, there shall be levied, collected and paid for, and in respect of the transaction so had or accomplished, the corresponding documentary stamp taxes x x x. (Emphasis supplied)SEC. 195.Stamp Tax on Mortgages, Pledges, and Deeds of Trust. –On every mortgage or pledge of lands, estate, or property, real or personal, heritable or movable, whatsoever, where the same shall be made as security for the payment of any definite and certain sum of money lent at the time or previously due and owing or forborne to be paid, being payable and on any conveyance of land, estate, or property whatsoever, in trust or to be sold, or otherwise converted into money which shall be and intended only as security, either by express stipulation or otherwise, there shall be collected a documentary stamp tax at the following rates:"(a) When the amount secured does not exceed Five thousand pesos (P5,000), Twenty pesos (P20).1avvphil.net(b) On each Five thousand pesos (P5,000), or fractional
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part thereof in excess of Five thousand pesos (P5,000), an additional tax of Ten pesos (10.00).
In general, documentary stamp taxes are levied on the exercise by persons of certain privileges conferred by law for the creation, revision, or termination of specific legal relationships through the execution of specific instruments. Examples of such privileges, the exercise of which, as effected through the issuance of particular documents, are subject to the payment of documentary stamp taxes are leases of lands, mortgages, pledges and trusts, and conveyances of real property
Section 195 of the National Internal Revenue Code (NIRC) imposes a DST on every pledge regardless of whether the same is a conventional pledge governed by the Civil Code or one that is governed by the provisions of P.D. No. 114. All pledges are subject to DST, unless there is a law exempting them in clear and categorical language. These pledges are already covered by Section 195 and to create a separate provision especially for them would be superfluous.
it is the exercise of the privilege to enter into an accessory contract of pledge, as distinguished from a contract of loan, which gives rise to the obligation to pay DST. If the DST under Section 195 is levied on the loan or the exercise of the privilege to contract a loan, then there would be no use for Section 179 of the NIRC, to separately impose stamp tax on all debt instruments, like a simple loan agreement. It is for this reason why the definition of pawnshop ticket, as not an evidence of indebtedness, is inconsequential to and has no bearing on the taxability of contracts of pledge entered into by pawnshops. For purposes of Section 195, pawnshop tickets need not be an evidence of indebtedness nor a debt instrument because it taxes the same as a pledge instrument. Neither should the definition of pawnshop ticket, as not a security, exempt it from the imposition of DST. It was correctly defined as such because the ticket itself is not the security but the pawn or the personal property pledged to the pawnbroker.
Moreover, it should be pointed out that the provisions of the NIRC on DST has recently been amended by R.A. No. 9243. Among the highlights thereof were the amendments to Section 199, which incorporated 12 more categories of documents in addition to the initial two categories exempted from DST. As stated in our May 3, 2006 Decision, pawnshop tickets is not one of them. Expressio unious est exclusion alterius. The omission of pawnshop tickets only means that it is not among the documents exempted from DST.
In establishing tax exemptions, it should be
borne in mind that taxation is the rule, exemption is the exception. Accordingly, statutes granting tax exemptions must be construed in strictissimi juris against the taxpayer and liberally in favor of the taxing authority. One who claims an exemption from tax payments rests the burden of justifying the exemption by words too plain to be mistaken and too categorical to be misinterpreted.2.) NO. He is not liable to surcharge and interest. The settled rule is that good faith and honest belief that one is not subject to tax on the basis of previous interpretation of government agencies tasked to implement the tax law, are sufficient justification to delete the imposition of surcharges and interest.
TARIFF AND CUSTOMS CODE
CASE No. 1
ILLUH ASAALI, HATIB ABDURASID, INGKOH BANTALA, BASOK INGKIN, and MOHAMMAD BANTALLA,petitioners, vs. THE COMMISSIONER OF CUSTOMS, respondent.G.R. No. L-24170 December 16, 1968 FACTS: Illuh Asaali et al. owned 5 sailing vessels ships bound for Tawi-tawi, Sulu. Said ships were intercepted by customs officials on the high seas. The ship contained rattan products and cigarettes which the customs confiscated on the ground of smuggling. Asaali et al did not have the required import permits for the said goods. Asaali contended that the interception and confiscation were not valid because the customs officers made such not within Philippine waters but rather, on the high seas. Hence, according to him, Philippine importation laws are not applicable to the case at bar.The Commissioner of Customs decided in favor of its validity which the CTA likewise reached such conclusion. Hence this appeal.
ISSUE: WoN the interception and seizure by the customs officials on the high seas, of the 5 sailing vessels and the cargo loaded therein for smuggling, was valid.
HELD: Yes. It is of no doubt that the ships intercepted were of Philippine registry. The Revised Penal Code leaves no doubt as to its applicability and enforceability not only within the Philippines, its interior waters and maritime zone, but also outside of its jurisdiction
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against those committing offense while on a Philippine ship. Furthermore, it has been an establish principle that a state has the right to protect itself and its revenues, a right not limited to its own territory but extending to the high seas. The authority of a nation within its own territory is absolute and exclusive. The seizure of a vessel within the range of its cannon by a foreign force is an invasion of that territory, and is a hostile act which it is its duty to repel. But its power to secure itself from injury may certainly be exercised beyond the limits of its territory.Hence, CTA's decision sustaining the action taken by respondent Commissioner of Customs is affirmed.
CASE No. 2
PILIPINAS SHELL PETROLEUM CORPORATION vs COMMISSIONER OF CUSTOMS, G.R. No. 176380
Facts: Shell is engaged in the importation of petroleum and its by-products into the country. Shell was assessed and required to pay customs duties and internal revenue taxes.
In 1997 and 1998, Shell settled its liabilities for customs duties and internal revenue taxes using tax credit certificates (TCCs) that were transferred to it for value by several Board of Investment (BOI)-registered companies which were accepted by the BIR and BOC on the belief that such were good and valid.
In a letter dated November 3, 1999, the Center, through the Secretary of the DOF, informed Shell that it was cancelling the TCCs transferred to and used as payment. It was discovered that the TCCs had been fraudulently secured by the original grantees before transferring them to Shell. In view of the cancellation, the Center required Shell to pay the BIR and BOC the amounts corresponding to the TCCs Shell had used to settle its liabilities.
Shell objected to the cancellation of the TCCs claiming that it had been denied due process. Apparently, Shell had sent a letter to the Center on November 3, 1999 adducing reasons why the TCCs should not be cancelled. But, the Center didn’t act on Shell’s letter, instead, they sent a letter on November 19, 1999 requiring Shell to replace the amount equivalent to the TCCs however,
Shell still maintained that the cancellation was improper.
Three years later, through letters signed by Atty. Valera, dated February 15, February 20, and April 12, 2002, the respondent, formally demanded from Shell payment of the amounts corresponding to the listed TCCs that the Center had previously cancelled.
Shell received on April 23, 2002 the summons in one of the three collection cases filed by respondent against Shell before the Regional Trial Court (RTC) of Manila and on May 23, 2002, Shell filed with the CTA a Petition for Review questioning the BOC collection efforts for lack of legal and factual basis. But the respondent filed a motion to dismiss Shells petition for review on the ground of prescription claiming that Shell’s petition was filed beyond the 30-day period provided by law for appeals of decisions of the Commissioner of Customs to the CTA. Also this 30-day period should be counted from the time Shell received the respondents collection letters.
Shell countered that the 30-day reglementary period should be counted from the date it received the summons for one of the collection cases filed by respondent or, specifically, on April 23, 2002, not from the date that it received the respondent’s collection letters. The petition for review, having been filed on May 23, 2002, was thus instituted within the period provided by law.Issue: Whether or not Shell’s petition was filed within the reglementary period Held: No. The present case does not involve a tax protest case which is within the jurisdiction of the CTA to resolve.
In the present case, the facts reveal that Shell received three sets of letters:a. the Centers November 3 letter, signed by the Secretary of Finance, informing it of the cancellation of the TCCs;b. the respondents November 19 letter requiring it to replace the amount equivalent to the amount of the cancelled TCCs used by Shell; andc. the respondents collection letters issued through Atty. Valera, formally demanding the amount covered by the cancelled TCCs.
None of these letters, however, can be considered as a liquidation or an assessment of Shell’s import tax
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liabilities that can be the subject of an administrative tax protest proceeding before the respondent whose decision is appealable to the CTA. Shell’s import tax liabilities had long been computed and ascertained in the original assessments, and Shell paid these liabilities using the TCCs transferred to it as payment. However, on account of the cancellation of the TCCs, the tax liabilities of Shell under the original assessments were considered unpaid; hence, the letters and the actions for collection. When Shell went to the CTA, the issues it raised in its petition were all related to the fact and efficacy of the payments made, specifically the genuineness of the TCCs; etc. These are payment and collection issues, not tax protest issues within the CTAs jurisdiction to rule upon.
Thus, Shell never protested the original assessments of its tax liabilities and in fact settled them using the TCCs. These original assessments, therefore, have become final, incontestable, and beyond any subsequent protest proceeding, administrative or judicial, to rule upon.
Shell’s petition before the CTA principally questioned the validity of the cancellation of the TCCs a decision that was made not by the respondent, but by the Center. As the CTA has no jurisdiction over decisions of the Center, Shell’s remedy against the cancellation should have been a certiorari petition before the regular courts, not a tax protest case before the CTA. Records do not show that Shell ever availed of this remedy. The appropriate forum for Shell under the circumstances of this case should be at the collection cases before the RTC where Shell can put up the fact of its payment as a defense.
In Dayrit v. Cruz, as declared: [A] suit for the collection of internal revenue taxes, where the assessment has already become final and executory, the action to collect is akin to an action to enforce the judgment. No inquiry can be made therein as to the merits of the original case or the justness of the judgment relied upon. CASE No. 3
NARCISO O. JAO and BERNARDO M. EMPEYNADO, petitioners, vs. COURT OF APPEALS; COMMISSIONER OF CUSTOMS; COLLECTOR OF CUSTOMS, Port of Manila
Can the Collector of Customs issue warrant of seizure and detention for untaxed imported articles, and can the Regional Trial Court enjoin the Collector of Customs from the exercise of such power? The Collector can issue warrant of seizure and detention of untaxed imported articles, and the Regional Trial Court lacks the jurisdiction to enjoin the Collector from the exercise of such power. The Collector of Customs when sitting in forfeiture proceedings constitutes a tribunal expressly vested by law with jurisdiction to hear and determine the subject matter of such proceedings without any interference from the Court of First Instance. (Auyong Hian v. Court of Tax Appeals, et al., 19 SCRA 10).
Facts:
On August 10, 1990, the Office of the Director, Enforcement and Security Services (ESS), Bureau of Customs, received information regarding the presence of allegedly untaxed vehicles and parts in the premises owned by a certain Pat Hao located along Quirino Avenue, Paranaque and Honduras St., Makati. After conducting a surveillance of the two places, respondent Major Jaime Maglipon, Chief of Operations and Intelligence of the ESS, recommended the issuance of warrants of seizure and detention against the articles stored in the premises. On August 13, 1990, District Collector of Customs Titus Villanueva issued the warrants of seizure and detention. The team searched the premises and found untaxed imported articles, and found out that there were untaxed imported articles which were not described in the warrant, hence warrant was amended. This prompted the owner to file preliminary prohibitory and mandatory injunction which was granted by the RTC. The Court also prohibited respondents from seizing, detaining, transporting and selling at public auction petitioners' vehicles, spare parts, accessories and other properties located at No. 2663 Honduras St., San Isidro, Makati and at No. 240 Quirino Avenue, Tambo, Paranaque, Metro Manila. Respondents were further prohibited from disturbing petitioners' constitutional and proprietary rights over their properties located at the aforesaid premises. Lastly, respondents were ordered to return the seized items and to render an accounting and inventory thereof.
Issue:
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Whether or not the Regional Trial Court has jurisdiction to issue the questioned order.
Ruling:
No. The Regional Trial Court has no jurisdiction to issue the questioned order.
There is no question that Regional Trial Courts are devoid of any competence to pass upon the validity or regularity of seizure and forfeiture proceedings conducted by the Bureau of Customs and to enjoin or otherwise interfere with these proceedings . The Collector of Customs sitting in seizure and forfeiture proceedings has exclusive jurisdiction to hear and determine all questions touching on the seizure and forfeiture of dutiable goods. The Regional Trial Courts are precluded from assuming cognizance over such matters even through petitions of certiorari, prohibition or mandamus.
It is likewise well-settled that the provisions of the Tariff and Customs Code and that of Republic Act No. 1125, as amended, otherwise known as "An Act Creating the Court of Tax Appeals," specify the proper procedure for the ventilation of any legal objections or issues raised concerning these proceedings. Thus, actions of the Collector of Customs are appealable to the Commissioner of Customs, whose decision, in turn, is subject to the exclusive appellate jurisdiction of the Court of Tax Appeals and from there to the Court of Appeals.
The rule that Regional Trial Courts have no review powers over such proceedings is anchored upon the policy of placing no unnecessary hindrance on the government's drive, not only to prevent smuggling and other frauds upon Customs, but more importantly, to render effective and efficient the collection of import and export duties due the State, which enables the government to carry out the functions it has been instituted to perform.
Even if the seizure by the Collector of Customs were illegal, which has yet to be proven, we have said that such act does not deprive the Bureau of Customs of jurisdiction thereon. The Collector of Customs when sitting in forfeiture proceedings constitutes a tribunal expressly vested by law with jurisdiction to hear and determine the subject matter of such proceedings without any interference from the Court of First
Instance. (Auyong Hian v. Court of Tax Appeals, et al., 19 SCRA 10).
CASE No. 4
HON. SALVADOR M. MISON, Commissioner of Customs v. HON. ELI G.C. NATIVIDAD, Presiding Judge of the Regional Trial Court [G.R. No. 82586. September 11, 1992.]
Facts: A team from the National Customs Police proceeded to San Fernando, Pampanga to act on the information given on the existence of both “assembled and disassembled” knocked-down vehicles, particularly Toyota Lite Aces, at the compoung of CVC Trading.Upon arrival at the place the team found a fenced area containing twenty (20) units of fully and partly assembled Toyota Lite Ace vans. It immediately took possession and control of the motor vehicles by cordoning off the enclosure. Thereafter, at about 11:30 p m., two (2) members of the team were designated to secure a warrant of seizure and detention from the Collector of Customs of the Subport of Clark. A collector of the Customs instituted seizure proceedings against the abovementioned vehicles for the violation of "Section 2530 (f) and (1)-1 & 5" of the Tariff and Customs Code, in relation to Central Bank regulations. Accordingly, at about 8:00 a.m. on 12 February 1988, he issued a Warrant of Seizure and Detention. .
At about 11:00 a.m. on 12 February 1988, when the team was about to haul the motor vehicles away, two (2) Regional Trial Court sheriffs arrived with a temporary restraining order issued on that date by the respondent Judge in connection with Civil Case No. 8109, entitled "Sonny Carlos, plaintiff, versus Bureau of Customs and/or Customs Police from seizing or confiscating the vehicles until further ordered.On 16 February 1988, lawyers of the Bureau of Customs filed a Motion to Dismiss 12 Civil Case No. 8109 alleging therein (a) the lack of jurisdiction of the Regional Trial Court over the subject vehicles in view of the exclusive jurisdiction of the Collector of Customs over seizure and forfeiture cases, and (b) the failure of the plaintiff to exhaust administrative remedies.
On 17 February 1988, the private respondent filed an Oppositions/Comment on the Motion to Dismiss 13 alleging, among others, that the Warrant of Seizure and Detention did not comply with the requirements for a valid search warrant under the Constitution, and that
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taxes for the vehicles have been paid to the Bureau of Internal Revenue (BIR).Issue: Whether or not the Regional Trial Court lacked jurisdiction over the subject vehicles.
Held: The respondent Judge acted arbitrarily and despotically in issuing the temporary restraining order, granting the writ of preliminary injunction and denying the motion to dismiss, thereby removing the res from the control of the Collector of Customs and depriving him of his exclusive original jurisdiction over the controversy. Respondent Judge exercised a power he never had and encroached upon the exclusive original jurisdiction of the Collector of Customs. By express provision of law, amply supported by well-settled jurisprudence, the Collector of Customs has exclusive jurisdiction over seizure and forfeiture proceedings and regular courts cannot interfere with his exercise thereof or stifle or put it to naught.The governmental agency concerned, the Bureau of Customs, is vested with exclusive authority. Even if it be assumed that in the exercise of such exclusive competence a taint of illegality may be correctly imputed, the most that can be said is that under certain circumstances the grave abuse of discretion conferred may oust it of such jurisdiction. It does not mean however that correspondingly a court of first instance is vested with competence when clearly in the light of the above decisions the law has not seen fit to do so. The proceeding before the Collector of Customs is not final. An appeal lies to the Commissioner of Customs and thereafter to the Court of Tax Appeals. It may even reach this Court through the appropriate petition for review. The proper ventilation of the legal issues raised is thus indicated. Certainly a court of first instance is not therein included. It is devoid of jurisdiction.
CASE No. 5
NESTLE PHILIPPINES, INC., (FORMERLY FILIPRO, INC.), petitioner, vs. HONORABLE COURT OF APPEALS, COURT OF TAX APPEALS and COMMISSIONER OF CUSTOMS,respondents.G.R. No. 134114 July 6, 2001
FACTSNestle imported milk and milk products. It was assessed customs duties and advance sales taxes on the basis of the published Home Consumption Value (HCV) indicated in the Bureau of Customs Revision Orders.
1984. Nestle paid the tax but filed protest cases for the alleged overpaid import duties and protest cases for advance sales taxes. It alleged that BIR erroneously applied higher home consumption values in determining the dutiable value for each of these separate importations.
October 14, 1986. Nestle filed a claim for refund for the advance sales tax with the BIR.October 15, 1986. Nestle filed a petition for review with the CTA.January 3, 1994, CTA ruled in favor of Nestle and ordered the refund.
On the other hand, the sixteen (16) protest cases for refund of alleged overpaid customs duties were left with the Collector of Customs of Manila. However, the said Collector of Customs failed to render his decision thereon after almost six (6) years since petitioner paid under protest the customs duties on the said sixteen (16) importations of milk and milk products and filed the corresponding protests.August 2, 1990. To prevent the claim from becoming stale on the ground of prescription, Nestle filed a petition for review with the CTA despite absence of the ruling of the Collector of Customs and Commissioner of Customs.
CTA dismissed the PFR.
ISSUEWON the claims for refund of alleged overpayment of customs duties may be deemed established from the findings of the tax court in C.T.A. Case No. 4114 on the Advance Sales Tax.
WON the pendency of the protest cases before the office of the Collector of Customs interrupted the running of the prescriptive period considering that it is only an administrative body performing quasi-judicial function and not a regular court of justice.
RULING1. No. Any outright award for the refund of allegedly overpaid customs duties in favor of petitioner on its subject sixteen (16) importations is not favored in this jurisdiction unless there is a direct and clear finding. The relinquishment of the power to tax is not presumed.
2. The petitioner is mistaken in its contention that its claims for refund of allegedly overpaid customs duties
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are governed by Article 215418 of the New Civil Code on quasi-contract, or the rule on solutio indebiti, which prescribes in six (6) years pursuant to Article 1145 of the same Code.
The inaction of the Collector of Customs of Manila for nearly six (6) years on the protests seasonably filed by the petitioner has caused the latter to immediately resort to the CTA. The petitioner did so on the mistaken belief that its claims are governed by the rule on quasi-contract or solutio indebiti which prescribes in six (6) years under Article 1145 of the New Civil Code.This belief or contention of the petitioner is misplaced.
In order for the rule on solution indebiti to apply it is an essential condition that petitioner must first show that its payment of the customs duties was in "excess of what was required by the law at the time when the subject sixteen (16) importations of milk and milk products were made. Unless shown otherwise, the disputable presumption of regularity of performance of duty lies in favor of the Collector of Customs.
In the present case, there is no factual showing that the collection of the alleged overpaid customs duties was more than what is required of the petitioner when it made the aforesaid separate importations. There is no factual finding yet by the government agency concerned that petitioner is indeed entitled to its claim of overpayment and, if true, for how much it is entitled. It bears stress that in determining whether or not petitioner is entitled to refund of alleged overpayment of customs duties, it is necessary to determine exactly how much the Government is entitled to collect as customs duties on the importations. Thus, it would only be just and fair that the petitioner-taxpayer and the Government alike be given equal opportunities to avail of the remedies under the law to contest or defeat each other's claim and to determine all matters of dispute between them in one single case. Case remanded to CTA for hearing and reception of evidence.
CASE No. 6
CHEVRON PHILIPPINES, INC. vs. COMMISSIONER OF THE BUREAU OF CUSTOMS
Petitioner Chevron Philippines, Inc. is engaged in the business of importing, distributing and marketing of petroleum products in the Philippines. In 1996, the importations subject of this case arrived and were
covered by eight bills of lading. The shipments were unloaded from the carrying vessels onto petitioner’s oil tanks over a period of three days from the date of their arrival. Subsequently, the import entry declarations (IEDs) were filed and 90% of the total customs duties were paid.The importations were appraised at a duty rate of 3% as provided under RA 8180 and petitioner paid the import duties amounting to P316,499,021.7 Prior to the effectivity of RA 8180 on April 16, 1996, the rate of duty on imported crude oil was 10%.It was alleged that there was deliberate concealment, manipulation and scheme employed by petitioner and Pilipinas Shell in the importation of crude oil.Petitioner received from the District Collector a demand letter requiring the immediate settlement of the amount of P73,535,830 representing the difference between the 10% and 3% tariff rates on the shipments. Petitioner objected to the demand for payment of customs duties using the 10% duty rate and reiterated its position that the 3% tariff rate should instead be applied. It likewise raised the defense of prescription against the assessment pursuant to Section 1603 of the Tariff and Customs Code.It was found that the import entries were filed beyond the 30-day non-extendible period prescribed under Section 1301 of the TCC. They concluded that the importations were already considered abandoned in favor of the government. They also found that fraud was committed by petitioner in collusion with the former District Collector. Respondent informed petitioner of the findings of irregularity in the filing and acceptance of the import entries beyond the period required by customs law and in the release of the shipments after the same had already been deemed abandoned in favor of the government.Issues:
1. whether "entry" under Section 1301 in relation to Section 1801 of the TCC refers to the IED or the IEIRD;2. whether fraud was perpetrated by petitioner and3. whether the importations can be considered abandoned under Section 1801.
"ENTRY" IN SECTIONS 1301 AND 1801 OF THE TCC REFERS TO BOTH THE IED AND IEIRDUnder Section 1301 of the TCC, imported articles must be entered within a non-extendible period of 30 days from the date of discharge of the last package from a vessel. Otherwise, the BOC will deem the imported goods impliedly abandoned under Section 1801.
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The term "entry" in customs law has a triple meaning. It means (1) the documents filed at the customs house; (2) the submission and acceptance of the documents and (3) the procedure of passing goods through the customs house.22
The IED serves as basis for the payment of advance duties on importations whereas the IEIRD evidences the final payment of duties and taxes. The question is: was the filing of the IED sufficient to constitute "entry" under the TCC?the operative act that constitutes "entry" of the imported articles at the port of entry is the filing and acceptance of the "specified entry form" together with the other documents required by law and regulations. The "specified entry form" refers to the IEIRD.The filing of the IEIRDs has several important purposes: to ascertain the value of the imported articles, collect the correct and final amount of customs duties and avoid smuggling of goods into the country.It is the IEIRD which accompanies the final payment of duties and taxes. These duties and taxes must be paid in full before the BOC can allow the release of the imported articles from its custody. The submission of the IEIRD cannot be left to the exclusive discretion or whim of the importer.Both the IED and IEIRD should be filed within 30 days from the date of discharge of the last package from the vessel or aircraft.THE EXISTENCE OF FRAUD WAS ESTABLISHEDThere was a calculated and preconceived course of action adopted by petitioner purposely to evade the payment of the correct customs duties then prevailing. This was done in collusion with the former District Collector, who allowed the acceptance of the late IEIRDs and the collection of duties using the 3% declared rate. A clear indication of petitioner’s deliberate intention to defraud the government was its non-disclosure of discrepancies on the duties declared in the IEDs (10%) and IEIRDs (3%) covering the shipments. Due to the presence of fraud, the prescriptive period of the finality of liquidation was inapplicable.THE IMPORTATIONS WERE ABANDONED IN FAVOR OF THE GOVERNMENTThe law is clear and explicit. It gives a non-extendible period of 30 days for the importer to file the entry which we have already ruled pertains to both the IED and IEIRD. Thus under Section 1801 in relation to Section 1301, when the importer fails to file the entry within the said period, he "shall be deemed to have renounced all his interests and property rights" to the importations and these shall be considered impliedly
abandoned in favor of the government. Unfortunately for petitioner, it was the law itself which considered the importation abandoned when it failed to file the IEIRDs within the allotted time. The law no longer requires that there be other acts or omissions where an intent to abandon can be inferred. It is enough that the importer fails to file the required import entries within the reglementary period.NOTICE WAS NOT NECESSARY UNDER THE CIRCUMSTANCES OF THIS CASEPetitioner also avers that the importations could not be deemed impliedly abandoned because respondent did not give it any notice. Under the peculiar facts and circumstances of this case, due notice was not necessary. Fraud was established against petitioner; it colluded with the former District Collector. Because of this, the scheme was concealed from respondent. The government was unable to protect itself until the plot was uncovered. The government cannot be crippled by the malfeasance of its officials and employees. Consequently, it was impossible for respondent to comply with the requirements under the rules.Also, petitioner, a regular, large-scale and multinational importer of oil and oil products, fell under the category of a knowledgeable importer which was familiar with the governing rules and procedures in the release of importations.Furthermore, notice to petitioner was unnecessary because it was fully aware that its shipments had in fact arrived in the Port of Batangas. The oil shipments were discharged from the carriers docked in its private pier or wharf, into its shore tanks. From then on, petitioner had actual physical possession of its oil importations. It was thus incumbent upon it to know its obligation to file the IEIRD within the 30-day period prescribed by law.The purpose of posting an "urgent notice to file entry" pursuant to Section B.2.1 of CMO 15-94 is only to notify the importer of the "arrival of its shipment" and the details of said shipment. Since it already had knowledge of such, notice was superfluous. Besides, the entries had already been filed, albeit belatedly. It would have been oppressive to the government to demand a literal implementation of this notice requirement.CONCLUSIONPetitioner’s failure to file the required entries within a non-extendible period of thirty days from date of discharge of the last package from the carrying vessel constituted implied abandonment of its oil importations. This means that from the precise moment that the non-extendible thirty-day period lapsed, the abandoned shipments were deemed the property of
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the government. Therefore, when petitioner withdrew the oil shipments for consumption, it appropriated for itself properties which already belonged to the government. Accordingly, it became liable for the total dutiable value of the shipments of imported crude oil amounting to P1,210,280,789.21 reduced by the total amount of duties paid amounting to P316,499,021.00 thereby leaving a balance of P893,781,768.21.
CASE No. 7
Republic vs. Unimex Micro-Electronic, G.R. No. 166309-10, March 9, 2007
Facts:The Bureau of Customs seized and forfeited the shipment owned by UNIMEX Micro-Electronics. When the latter filed a petition for review in the Court of Tax Appeals, the forfeiture decree was reversed and the court ordered the release of the goods. However, respondent’s counsel failed to secure a writ of execution to enforce the CTA decision. When respondent asked for release of its shipment by filing a petition for the revival of its June 15, 1992 decision on September 5, 2001, BOC could no longer find subject shipment in its warehouse. The CTA ordered the BOC to pay UNIMEX the commercial value of the goods with interest.
The BOC Commissioner argued that the CTA altered its June 15, 1992 decision by converting it from an action for specific performance into a money judgment. On the other hand, respondent contended that the exchange rate prevailing at the time of actual payment should apply.
Held: Government Liability For Actual Damages
As previously discussed, the Court cannot turn a blind eye to BOC’s ineptitude and gross negligence in the safekeeping of respondent’s goods. Accordingly, we agree with the lower courts’ directive that Petitioner Republic of the Philippines, upon payment of the necessary customs duties by respondent Unimex Micro-Electronics GmBH, should pay the value of the subject shipment in the amount of Euro 669,982.565. Petitioner’s liability may be paid in Philippine currency, computed at the exchange rate prevailing at the time of actual payment.
*Modification of a Final And Executory Judgment In the case at bar, parties do not dispute the fact that after the June 15, 1992 CTA decision became final and executory, respondent’s goods were inexplicably lost while under the BOC’s custody. Certainly, this fact presented a supervening event warranting the modification of the CTA decision.
*Laches Did Not Set in to Frustrate Respondent’s Petition to Revive The June 15, 1992 CTA DecisionThere was never negligence or omission to assert its right within a reasonable period of time on the part of [respondent]. In fact, from the moment it intervened in the proceedings before the Bureau of Customs up to the present time, [respondent] is diligently trying to fight for what it believes is right. [Respondent] may have failed to secure a writ of execution with this court when the [CTA decision] became final and executory due to wrong legal advice, yet it does not mean that it was sleeping on its right for it filed a case against the shipping agent and/or the sub-agent. Therefore, there [was never] an occasion wherein petitioner had abandoned or declined to assert its right.
CASE No. 8
Rieta v. People of the Philippines
Corpus delicti refers to the fact of the commission of the crime. It may be proven by the credible testimonies of witnesses, not necessarily by physical evidence. In-court identification of the offender is not essential, as long as the identity of the accused is determined with certainty by relevant evidence. In the present case, there is no doubt that petitioner was the same person apprehended by the authorities and mentioned in the Information. His possession of the smuggled cigarettes carried the prima facie presumption that he was engaged in smuggling. Having failed to rebut this presumption, he may thus be convicted of the crime charged.
The CasePetitioner and his six co-accused -- Arturo Rimorin, Fidel Balita, Gonzalo Vargas, Robartolo Alincastre, Guillermo Ferrer and Ernesto Miaco – were charged of smuggling three hundred five (305) cases of assorted brands of blue seal cigarettes which are foreign articles valued at P513,663.47 including duties and taxes which was
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found in the possession of said accused and under their control which articles said accused fully well knew have not been properly declared and that the duties and specific taxes thereon have not been paid to the proper authorities in violation of said Sec. 3601 of the Tariff and Customs Code of the Philippines
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ISSUES1. The respondents trial and appellate courts committed grave abuse of discretion tantamount to lack and/or excess of jurisdiction when [they] convicted herein petitioner notwithstanding the prosecutions failure to prove the guilt of the petitioner beyond reasonable doubt.
2. The evidence obtained against the accused is inadmissible in evidence because petitioner and his co-accused were arrested without a warrant but by virtue of an arrest and seizure order (ASSO) which was subsequently declared illegal and invalid by this Honorable Supreme Court.
HELD:
The Petition has no merit.
First Issue:Sufficiency of Evidence
Petitioner contends that the existence of the untaxed blue seal cigarettes was not established, because the prosecution had not presented them as evidence. He further argues that there was no crime committed, as the corpus delicti was never proven during the trial.
Corpus Delicti Established by Other Evidence
We do not agree. Corpus delicti refers to the specific injury or loss sustained. It is the fact of the commission of the crime that may be proved by the testimony of eyewitnesses. In its legal sense, corpus delicti does not necessarily refer to the body of the person murdered, to the firearms in the crime of homicide with the use of unlicensed firearms, to the ransom money in the crime of kidnapping for ransom, or -- in the present case -- to the seized contraband cigarettes.
In Rimorin v. People, it was held:
Since the corpus delicti is the fact of the commission of the crime, this Court has ruled that even a single witness uncorroborated testimony, if credible, may suffice to prove it and warrant a conviction therefor.
Corpus delicti may even be established by circumstantial evidence.
Both the RTC and the CA ruled that the corpus delicti had been competently established by respondents evidence, which consisted of the testimonies of credible witnesses and the Custody Receipt issued by the Bureau of Customs for the confiscated goods.
o We find no reason to depart from the oft repeated doctrine of giving credence to the narration of prosecution witnesses, especially when they are public officers who are presumed to have performed their duties in a regular manner.
The existence of the 305 cases of blue-seal cigarettes found in the possession of petitioner and his co-accused was duly proven by the testimonies of the prosecution witnesses -- Lacson and Abrigo. They had testified in compliance with their duty as enforcers of the law. Their testimonies were rightly entitled to full faith and credit, especially because there was no showing of any improper motive on their part to testify falsely against petitioner. Further, the Court accords great respect to the factual conclusions drawn by the trial court, especially when affirmed by the appellate court as in this case.
Prima Facie Proof of Nonpayment of Taxes Sufficient
There is no merit, either, in the claim of petitioner that the prosecution failed to prove the nonpayment of the taxes and duties on the confiscated cigarettes. There is an exception to the general rule requiring the prosecution to prove a criminal charge predicated on a negative allegation, or a negative averment constituting an essential element of a crime. In People v. Julian-Fernandez, we held:
Where the negative of an issue does not permit of direct proof, or where the facts are more immediately within the knowledge of the accused, the onus probandi rests upon him.
Stated otherwise, it is not incumbent upon the prosecution to adduce positive evidence to support a negative averment the truth of which is fairly indicated by established circumstances and which, if untrue,
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could readily be disproved by the production of documents or other evidence within the defendants knowledge or control. (For example, where a charge is made that a defendant carried on a certain business without a license x x x, the fact that he has a license is a matter which is peculiar[ly] within his knowledge and he must establish that fact or suffer conviction).
The truth of the negative averment that the duties and specific taxes on the cigarettes were not paid to the proper authorities is fairly indicated by the following circumstances that have been established: (1) the cargo truck, which carried the contraband cigarettes and some passengers including petitioner, immediately came from the 2nd COSAC Detachment; (2) the truck was intercepted at the unholy hour of 4:00 a.m.; (3) it fitted the undisclosed informers earlier description of it as one that was carrying contraband; and (4) the driver ran away.
Hence, it was up to petitioner to disprove these damning circumstances, simply by presenting the receipts showing payment of the taxes. But he did not do so; all that he could offer was his bare and self-serving denial.
Knowledge of the Illegal Nature of Goods
The fact that 305 cases of blue-seal cigarettes were found in the cargo truck, in which petitioner and his co-accused were riding, was properly established. Nonetheless, he insists that his presence there was not enough to convict him of smuggling, because the element of illegal possession had not been duly proved. He adds that he had no knowledge that untaxed cigarettes were in the truck.
Petitioners contention is untenable.
Persons found to be in possession of smuggled items are presumed to be engaged in smuggling, pursuant to the last paragraph of Section 3601 of the Tariff and Customs Code. The burden of proof is thus shifted to them. To rebut this presumption, it is not enough for petitioner to claim good faith and lack of knowledge of the unlawful source of the cigarettes.
In the case adverted to earlier, Rimorin v. People, we held thus:
In order that a person may be deemed guilty of smuggling or illegal importation under the foregoing statute three requisites must concur:
(1) that the merchandise must have been fraudulently or knowingly imported contrary to law;
(2) that the defendant, if he is not the importer himself, must have received, concealed, bought, sold or in any manner facilitated the transportation, concealment or sale of the merchandise; and
(3) that the defendant must be shown to have knowledge that the merchandise had been illegally imported. If the defendant, however, is shown to have had possession of the illegally imported merchandise, without satisfactory explanation, such possession shall be deemed sufficient to authorize conviction.
The involvement or participation he and his co-accused had in the smuggling of the goods was confirmed by their lack of proper and reasonable justification for the fact that they had been found inside the cargo truck, seated in front, when it was intercepted by the authorities. Despite his protestation, it is obvious that petitioner was aware of the strange nature of the transaction, and that he was willing to do his part in furtherance thereof. The evidence presented by the prosecution established his work of guarding and escorting the contraband to facilitate its transportation from the Port Area to Malabon, an act punishable under Section 3601 of the Tax Code.
Second Issue:Validity of the Search and Seizure
Petitioner contends that his arrest by virtue of Arrest Search and Seizure Order (ASSO) No. 4754 was invalid, as the law upon which it was predicated -- General Order No. 60, issued by then President Ferdinand E. Marcos -- was subsequently declared by the Court, in Taada v. Tuvera, to have no force and effect. Thus, he asserts, any evidence obtained pursuant thereto is inadmissible in evidence. We do not agree. In Taada, the Court addressed the possible effects of its declaration of the invalidity of various presidential issuances.
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The Chicot doctrine cited in Taada advocates that, prior to the nullification of a statute, there is an imperative necessity of taking into account its actual existence as an operative fact negating the acceptance of a principle of absolute retroactive invalidity. Whatever was done while the legislative or the executive act was in operation should be duly recognized and presumed to be valid in all respects. The ASSO that was issued in 1979 under General Order No. 60 -- long before our Decision in Taada and the arrest of petitioner -- is an operative fact that can no longer be disturbed or simply ignored.
Furthermore, the search and seizure of goods, suspected to have been introduced into the country in violation of customs laws, is one of the seven doctrinally accepted exceptions to the constitutional provision. Such provision mandates that no search or seizure shall be made except by virtue of a warrant issued by a judge who has personally determined the existence of probable cause.
Under the Tariff and Customs Code, a search, seizure and arrest may be made even without a warrant for purposes of enforcing customs and tariff laws. Without mention of the need to priorly obtain a judicial warrant, the Code specifically allows police authorities to enter, pass through or search any land, enclosure, warehouse, store or building that is not a dwelling house; and also to inspect, search and examine any vessel or aircraft and any trunk, package, box or envelope or any person on board; or to stop and search and examine any vehicle, beast or person suspected of holding or conveying any dutiable or prohibited article introduced into the Philippines contrary to law.
WHEREFORE, the Petition is DENIED.
CASE No. 9
EL GRECO SHIP MANNING AND MANAGEMENT CORPORATION, vs. COMMISSIONER OF CUSTOMS. [G.R. No. 177188. December 4, 2008.]
Facts: The vessel M/V Criston docked at the Port of Tabaco, Albay, carrying a shipment of 35,000 bags of imported rice, consigned to Antonio Chua, Jr. (Chua) and Carlos Carillo (Carillo), payable upon its delivery to Albay. Glucer Shipping Company, Inc. (Glucer Shipping)
is the operator of M/V Criston. Upon the directive of then Commissioner Titus Villanueva of the Bureau of Customs (BOC), a Warrant of Seizure and Detention was issued by the Legaspi District Collectorfor the 35,000 bags of imported rice shipped by M/V Criston, on the ground that it left the Port of Manila without the necessary clearance from the Philippine Coast Guard. Asubsequent Warrant of Seizure and Detention, was issued particularly for the said vessel. The BOC District Collector of the Port of Legaspi thereafter commenced proceedings for the forfeiture of M/V Criston and its. Chua and Carillo filed before the Regional Trial Court (RTC) of Tabaco, Albay, a Petition for Prohibition with Prayer for the Issuance of Preliminary Injunction and Temporary Restraining Order (TRO) assailing the authority of the Legaspi District Collectors to issue the Warrants of Seizure and Detention and praying for a permanent injunction against the implementation of the said Warrants.In the meantime, while M/V Criston was berthing at the Port of Tabaco under the custody of the BOC, the Province of Albay was hit by typhoon "Manang". In order to avert any damage which could be caused by the typhoon, the vessel was allowed to proceed to another anchorage area to temporarily seek shelter. After typhoon "Manang" had passed through Albay province, M/V Criston, however, failed to return to the Port of Tabaco and was nowhere to be found.Manila District Collector issued an Order quashing the Warrant of Seizure and Detention it issued against M/V Neptune Breeze in Seizure Identification No. 2001-208 for lack of probable cause. The BOC Commissioner, CTA Second Division and CTA en banc all ruled that M/V Neptune Breeze is one and the same as M/V Criston which had been detained at the Port of Tabaco, Albay, for carrying smuggled imported rice and had fled the custody of the customs authorities to evade its liabilities and ardered its forfeiture.
Issues/ Held: W/N M/V Neptune Breeze is one and the same as M/V Criston- YES W/N the order of forfeiture of the M/V Neptune Breeze is valid- YES
Ratio: The crime laboratory report of the PNP shows that the serial numbers of the engines and generators of the two vessels are identical. There is no question that M/V Neptune Breeze, then known as M/V Criston, was carrying 35,000 bags of imported rice without the necessary papers showing that they were entered lawfully through a Philippine port after the payment of appropriate taxes and duties thereon. This gives rise to
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the presumption that such importation was illegal. Consequently, the rice subject of the importation, as well as the vessel M/V Neptune Breeze used in importation are subject to forfeiture. The burden is on El Greco, as the owner of M/V Neptune Breeze, to show that its conveyance of the rice was actually legal.
TARIFF AND CUSTOMS CODE
El Greco Ship Manning and Management Corp. v. Commissioner of Customs, G.R. No. 177188, 4 December 2008
Facts:
On 23 September 2001, the vessel M/V Criston docked at the Port of Tabaco, Albay, carrying a shipment of 35,000 bags of imported rice.
Upon the directive of then Commissioner Titus Villanueva of the Bureau of Customs (BOC), a Warrant of Seizure and Detention for the 35,000 bags of imported rice shipped by M/V Criston, on the ground that it left the Port of Manila without the necessary clearance from the Philippine Coast Guard. And a subsequent Warrant of Seizure and Detention, particularly for the said vessel. The BOC District Collector of the Port of Legaspithereafter commenced proceedings for the forfeiture of M/V Criston and its cargo.
In the meantime, while M/V Criston was berthing at the Port of Tabaco under the custody of the BOC, the Province of Albay was hit by typhoon Manang. In order to avert any damage which could be caused by the typhoon, the vessel was allowed to proceed to another anchorage area to temporarily seek shelter. After typhoon Manang had passed through Albay province, M/V Criston, however, failed to return to the Port of Tabaco and was nowhere to be found.
Alarmed, the BOC and the Philippine Coast Guard coordinated with the Philippine Air Force to find the missing vessel. On 8 November 2001, the BOC received information that M/V Criston was found in the waters of Bataan sporting the name of M/V Neptune Breeze
On the premise that the two vessel are the same, the Legaspi District Collector rendered a Decision ordering
the forfeiture of the M/V Criston, also known as M/V Neptune Breeze, and its cargo, for violating Section 2530 (a), (f) and (k) of the Tariff and Customs Code.
Issue:
WHETHER OR NOT M/V NEPTUNE BREEZE AND M/V CRISTON ARE ONE AND THE SAME VESSEL?
WHETHER OR NOT M/V NEPTUNE BREEZE IS QUALIFIED TO BE THE SUBJECT OF FORFEITURE UNDER SECTION 2531 OF THE TARIFF AND CUSTOMS CODE?
Held:
Yes, they are the same. The crime laboratory report of the PNP shows that the serial numbers of the engines and generators of the two vessels are identical. El Greco failed to rebut this piece of evidence that decisively identified M/V Neptune Breeze as the same as M/V Criston.
Yes, the vessel is qualified to be the subject of forfeiture.
SEC. 2530. Property Subject to Forfeiture Under Tariff and Customs Law. Any vehicle, vessel or aircraft, cargo, articles and other objects shall, under the following conditions, be subject to forfeiture:
a. Any vehicle, vessel or aircraft, including cargo, which shall be used unlawfully in the importation or exportation of articles or in conveying and/or transporting contraband or smuggled articles in commercial quantities into or from any Philippine port or place. The mere carrying or holding on board of contraband or smuggled articles in commercial quantities shall subject such vessel, vehicle, aircraft or any other craft to forfeiture; Provided, That the vessel, or aircraft or any other craft is not used as duly authorized common carrier and as such a carrier it is not chartered or leased;
f. Any article, the importation or exportation of which is effected or attempted contrary to law, or any article of prohibited importation or exportation, and all other articles which, in the opinion of the Collector, have been used, are or were intended to be used as instruments in the importation or exportation of the former;
k. Any conveyance actually being used for the transport of articles subject to forfeiture under the tariff and
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customs laws, with its equipage or trappings, and any vehicle similarly used, together with its equipage and appurtenances including the beast, steam or other motive power drawing or propelling the same. The mere conveyance of contraband or smuggled articles by such beast or vehicle shall be sufficient cause for the outright seizure and confiscation of such beast or vehicle, but the forfeiture shall not be effected if it is established that the owner of the means of conveyance used as aforesaid, is engaged as common carrier and not chartered or leased, or his agent in charge thereof at the time has no knowledge of the unlawful act.
The penalty of forfeiture is imposed on any vessel engaged in smuggling, provided that the following conditions are present:
(1) The vessel is used unlawfully in the importation or exportation of articles into or from the Philippines;
(2) The articles are imported to or exported from any Philippine port or place, except a port of entry; or
(3) If the vessel has a capacity of less than 30 tons and is used in the importation of articles into any Philippine port or place other than a port of the Sulu Sea, where importation in such vessel may be authorized by the Commissioner, with the approval of the department head.
There is no question that M/V Neptune Breeze, then known as M/V Criston, was carrying 35,000 bags of imported rice without the necessary papers showing that they were entered lawfully through a Philippine port after the payment of appropriate taxes and duties thereon. This gives rise to the presumption that such importation was illegal.Consequently, the rice subject of the importation, as well as the vessel M/V Neptune Breeze used in importation are subject to forfeiture. The burden is on El Greco, as the owner of M/V Neptune Breeze, to show that its conveyance of the rice was actually legal. The issue that the said cargo is of local origin is barren of any evidence or records as such from the authorities.
There is nothing in Section 2313 of the Tariff and Customs Code to support the position of El Greco. As the CTA en banc explained, in case the BOC Commissioner fails to decide on the automatic appeal of the Collectors Decision within 30 days from receipt of the records thereof, the case shall again be deemed
automatically appealed to the Secretary of Finance. Also working against El Greco is the fact that jurisdiction over M/V Neptune Breeze, otherwise known as M/V Criston, was first acquired by the Legaspi District Collector; thus, the Manila District Collector cannot validly acquire jurisdiction over the same vessel. Judgment rendered without jurisdiction is null and void, and void
Pilipinas Shell v. Republic of the Philippines, G.R. No. 161953, 6 March 2008
Facts:
Petitioner Pilipinas Shell was an assignee of various Tax Credit memos and Tax Credit Certificates from different entities. The assignment had the a[[roval of BOI and the One Stop Shop Inter-agency Tax Credit and duty Drawback Center. Some of these TCC's were accepted by payment by the Bureau of customs in relation to its taxes and import duties. Later, The Finance Secretary informed petitioner that the said TCC's were fraudulently issued amounted to P209,129,141.00 and demanded the payment of the same. Petitioner assailed the action of the Secretary contending that he was an assignee in good faith and the it was genuine and authentic but the Bureau of Custom demanded the said payment prompting the petitioner to file a protest but was denied by the bureau. Petitioner later filed a petition for review with the CTA questioning the legality of the cancellation of the TCC's. While it was still pending, respondent filed a complaint for collection with the RTC. Petitioner filed for dismissal contending that the RTC has no jurisdiction over the case because of the pending case in the CTA, and RTC only acquires jurisdiction only if the assessment made by the CIR becomes final and incontestable.
Issue: Whether RTC has jurisdiction over the case?
Ruling:
The filing of the petition is a proper remedy.
Assessments inform taxpayers of their tax liabilities. Under the TCCP, the assessment is in the form of a liquidation made on the face of the import entry
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return and approved by the Collector of Customs.[37] Liquidation is the final computation and ascertainment by the Collector of Customs of the duties due on imported merchandise based on official reports as to the quantity, character and value thereof, and the Collector of Customs' own finding as to the applicable rate of duty.[38] A liquidation is considered to have been made when the entry is officially stamped liquidated.[39] Petitioner claims that it paid the duties due on its importations. Section 1603 of the old TCCP stated:
Section 1603. Finality of Liquidation. When articles have been entered and passed free of duty or final adjustments of duties made, with subsequent delivery, such entry and passage free of duty or settlement of duties will, after the expiration of one year from the date of the final payment of duties, in the absence of fraud or protest, be final and conclusive upon all parties, unless the liquidation of the import entry was merely tentative.[40]
An assessment or liquidation by the BoC attains finality and conclusiveness one year from the date of the final payment of duties except when: 1. There was fraud 2. There is a pending protest or the liquidation of import entry was merely tentativeNone of the foregoing exceptions is present in this case. There was no fraud as petitioner claimed (and was presumed) to be in good faith. Respondent does not dispute this. Moreover, records show that petitioner paid those duties without protest using its TCCs. Finally, the liquidation was not a tentative one as the assessment had long become final and incontestable. Consequently, pursuant to Yabes[41] and because of the cancellation of the TCCs, respondent had the right to file a collection caseSection 1204 of the TCCP provides:
Section 1204. Liability of Importer for Duties. ― Unless relieved by laws or regulations, the liability for duties, taxes, fees and other charges
attaching on importation constitutes a personal debt due from the importer to the government which can be discharged only by payment in full of all duties, taxes, fees and other charges legally accruing. It also constitutes a lien upon the articles imported which may be enforced while such articles are in the custody or subject to the control of the government. (emphasis supplied)
Under this provision, import duties constitute a personal debt of the importer that must be paid in full. The importers liability therefore constitutes a lien on the article which the government may choose to enforce while the imported articles are either in its custody or under its control. When respondent released petitioner's goods, its (respondents) lien over the imported goods was extinguished. Consequently, respondent could only enforce the payment of petitioner's import duties in full by filing a case for collection against petitioner.
THE SUBJECT MATTER FALLS WITHIN THE JURISDICTION OF THE RTCRespondent filed its complaint for collection on April 3, 2002. The governing law at that time was RA[43] 1125 or the old CTA Law. Section 7 thereof stated:
Section 7. Jurisdiction. The Court of Tax Appeals shall exercise exclusive appellate jurisdiction to review by appeal, as herein provided ― (1) Decision of the Commissioner of Internal Revenue in cases involving disputed assessment, refunds of
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internal revenue taxes, fees or other charges, penalties imposed in relation thereto, or other matters arising under the National Internal Revenue Code or other laws or part of law administered by the Bureau of Internal Revenue; (2) Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other money charges; seizure, detention or release of property affected; fines and forfeitures or other penalties imposed in relation thereto; or other matters arising under Customs Law or other laws or part of law administered by the Bureau of Customs; and (3) Decisions of the provincial or city Boards of Assessment Appeals in cases involving the assessment and taxation of real property or other matters arising under the Assessment Law, including rules and regulations relative thereto.[44] (emphasis supplied)
Inasmuch as the present case did not involve a decision of the Commissioner of Customs in any of the instances enumerated in Section 7(2) of RA 1125, the CTA had no jurisdiction over the subject matter. It was the RTC that had jurisdiction under Section 19(6) of the Judiciary Reorganization Act of 1980, as amended
Section 19. Jurisdiction in Civil Cases. ― Regional Trial Courts shall exercise exclusive original jurisdiction:
(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions, xxx.
Southern Cross Cement vs Cement Manufacturers Assoc
The case centers on the interpretation of provisions of Republic Act No. 8800, the Safeguard Measures Act ("SMA"), which was one of the laws enacted by
Congress soon after the Philippines ratified the General Agreement on Tariff and Trade (GATT) and the World Trade Organization (WTO) Agreement. 3 The SMA provides the structure and mechanics for the imposition of emergency measures, including tariffs, to protect domestic industries and producers from increased imports which inflict or could inflict serious injury on them. 4
Philcemcor, an association of at least eighteen (18) domestic cement manufacturers filed with the DTI a petition, seeking the imposition of safeguard measures on gray Portland cement, 5 in accordance with the SMA. After the DTI issued a provisional safeguard measure, 6 the application was referred to the Tariff Commission for a formal investigation pursuant to Section 9 of the SMA and its Implementing Rules and Regulations, in order to determine whether or not to impose a definitive safeguard measure on imports of gray Portland cement.
After the Tariff Commission’s investigation, it reported that there was no need for definitive safeguard measures. The DTI Secretary then denied Philamcemcor’s petition but expressed his opinion that he disagreed with the Tariff Commission’s findings.
Philcemcor challenged this decision in the CA. The CA ruled that the DTI Secretary was no bound by the Tariff Commission’s report since it was merely recommendatory. Based on this Decision, the DTI Secretary then imposed a definitive safeguard measure on the importation of gray Portland cemen for 3 years.
Southern Cross challenged both CA and DTI Secretary decisions.
I. Jurisdiction of the Court of Tax Appeals
Under Section 29 of the SMA
It should be emphasized again that by utilizing the phrase "in connection with," it is the SMA that expressly vests jurisdiction on the CTA over petitions questioning the non-imposition by the DTI Secretary of safeguard measures. The Court is simply asserting, as it should, the clear intent of the legislature in enacting the SMA. Without "in connection with" or a synonymous phrase, the Court would be compelled to favor the respondents' position that only rulings imposing safeguard measures may be elevated on appeal to the CTA. But considering
33
that the statute does make use of the phrase, there is little sense in delving into alternate scenarios.
Respondents fail to convincingly address the absurd consequences pointed out by the Decision had their proposed interpretation been adopted. Indeed, suffocated beneath the respondents' legalistic tinsel is the elemental question ” what sense is there in vesting jurisdiction on the CTA over a decision to impose a safeguard measure, but not on one choosing not to impose. Of course, it is not for the Court to inquire into the wisdom of legislative acts, hence the rule that jurisdiction must be expressly vested and not presumed. Yet ultimately, respondents muddle the issue by making it appear that the Decision has uniquely expanded the jurisdictional rules. For the respondents, the proper statutory interpretation of the crucial phrase "in connection with" is to pretend that the phrase did not exist at all in the statute. The Court, in taking the effort to examine the meaning and extent of the phrase, is merely giving breath to the legislative will.
Philcemcor imputes intelligent design behind the alleged intent of Congress to limit CTA review only to impositions of the general safeguard measures. It claims that there is a necessary tax implication in case of an imposition of a tariff where the CTA's expertise is necessary, but there is no such tax implication, hence no need for the assumption of jurisdiction by a specialized agency, when the ruling rejects the imposition of a safeguard measure. But of course, whether the ruling under review calls for the imposition or non-imposition of the safeguard measure, the common question for resolution still is whether or not the tariff should be imposed ” an issue definitely fraught with a tax dimension. The determination of the question will call upon the same kind of expertise that a specialized body as the CTA presumably possesses.
In response to the Court's observation that the setup proposed by respondents was novel, unusual, cumbersome and unwise, public respondents invoke the maxim that courts should not be concerned with the wisdom and efficacy of legislation. 47 But this prescinds from the bogus claim that the CTA may not exercise judicial review over a decision not to impose a safeguard measure, a prohibition that finds no statutory support. It is likewise settled in statutory construction that an interpretation that would cause inconvenience and absurdity is not favored. Respondents do not
address the particular illogic that the Court pointed out would ensue if their position on judicial review were adopted. According to the respondents, while a ruling by the DTI Secretary imposing a safeguard measure may be elevated on review to the CTA and assailed on the ground of errors in fact and in law, a ruling denying the imposition of safeguard measures may be assailed only on the ground that the DTI Secretary committed grave abuse of discretion. As stressed in the Decision, "[c]ertiorari is a remedy narrow in its scope and inflexible in its character. It is not a general utility tool in the legal workshop." 48
It is incorrect to say that the Decision bars any effective remedy should the Tariff Commission act or conclude erroneously in making its determination whether the factual conditions exist which necessitate the imposition of the general safeguard measure. If the Tariff Commission makes a negative final determination, the DTI Secretary, bound as he is by this negative determination, has to render a decision denying the application for safeguard measures citing the Tariff Commission's findings as basis. Necessarily then, such negative determination of the Tariff Commission being an integral part of the DTI Secretary's ruling would be open for review before the CTA, which again is especially qualified by reason of its expertise to examine the findings of the Tariff Commission. Moreover, considering that the Tariff Commission is an instrumentality of the government, its actions (as opposed to those undertaken by the DTI Secretary under the SMA) are not beyond the pale ofcertiorari jurisdiction. Unfortunately for Philcemcor, it hinged its cause on the claim that the DTI Secretary's actions may be annulled on certiorari, notwithstanding the explicit grant of judicial review over that cabinet member's actions under the SMA to the CTA. IEHTaA
Finally on this point, Philcemcor argues that assuming this Court's interpretation of Section 29 is correct, such ruling should not be given retroactive effect, otherwise, a gross violation of the right to due process would be had. This erroneously presumes that it was this Court, and not Congress, which vested jurisdiction on the CTA over rulings of non-imposition rendered by the DTI Secretary. We have repeatedly stressed that Section 29 expressly confers CTA jurisdiction over rulings in connection with the imposition of the safeguard
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measure, and the reassertion of this point in the Decision was a matter of emphasis, not of contrivance. The due process protection does not shield those who remain purposely blind to the express rules that ensure the sporting play of procedural law.
Besides, respondents' claim would also apply every time this Court is compelled to settle a novel question of law, or to reverse precedent. In such cases, there would always be litigants whose causes of action might be vitiated by the application of newly formulated judicial doctrines. Adopting their claim would unwisely force this Court to treat its dispositions in unprecedented, sometimes landmark decisions not as resolutions to the live cases or controversies, but as legal doctrine applicable only to future litigations.
->The safeguard measures imposable under the SMA generally involve duties on imported products, tariff rate quotas, or quantitative restrictions on the importation of a product into the country. Concerning as they do the foreign importation of products into the Philippines, these safeguard measures fall within the ambit of Section 28(2), Article VI of the Constitution, which states:
The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government. 49
The Court acknowledges the basic postulates ingrained in the provision, and, hence, governing in this case. They are:
(1)It is Congress which authorizes the President to impose tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts. Thus, the authority cannot come from the Finance Department, the National Economic Development Authority, or the World Trade Organization, no matter how insistent or persistent these bodies may be.
(2)The authorization granted to the President must be embodied in a law. Hence, the justification cannot be supplied simply by inherent executive powers. It cannot arise from administrative or executive orders promulgated by the executive branch or from the wisdom or whim of the President.
(3)The authorization to the President can be exercised only within the specified limits set in the law and is further subject to limitations and restrictions which Congress may impose. Consequently, if Congress specifies that the tariff rates should not exceed a given amount, the President cannot impose a tariff rate that exceeds such amount. If Congress stipulates that no duties may be imposed on the importation of corn, the President cannot impose duties on corn, no matter how actively the local corn producers lobby the President. Even the most picayune of limits or restrictions imposed by Congress must be observed by the President.
There is one fundamental principle that animates these constitutional postulates. These impositions under Section 28(2), Article VI fall within the realm of the power of taxation, a power which is within the sole province the legislature under the Constitution.
Without Section 28(2), Article VI, the executive branch has no authority to impose tariffs and other similar tax levies involving the importation of foreign goods. Assuming that Section 28(2) Article VI did not exist, the enactment of the SMA by Congress would be voided on the ground that it would constitute an undue delegation of the legislative power to tax. The constitutional provision shields such delegation from constitutional infirmity, and should be recognized as an exceptional grant of legislative power to the President, rather than the affirmation of an inherent executive power.
This being the case, the qualifiers mandated by the Constitution on this presidential authority attain primordial consideration. First, there must be a law, such as the SMA. Second, there must be specified limits, a detail which would be filled in by the law. And further, Congress is further empowered to impose limitations and restrictions on this presidential authority. On this last power, the provision does not provide for specified conditions, such as that the limitations and restrictions must conform to prior statutes, internationally accepted practices, accepted jurisprudence, or the considered opinion of members of the executive branch. aHIDAE
The Court recognizes that the authority delegated to the President under Section 28(2), Article VI may be exercised, in accordance with legislative sanction, by the alter egos of the President, such as department secretaries. Indeed, for purposes of the President's exercise of power to impose tariffs under Article VI,
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Section 28(2), it is generally the Secretary of Finance who acts as alter ego of the President. The SMA provides an exceptional instance wherein it is the DTI or Agriculture Secretary who is tasked by Congress, in their capacities as alter egos of the President, to impose such measures. Certainly, the DTI Secretary has no inherent power, even as alter ego of the President, to levy tariffs and imports.
Concurrently, the tasking of the Tariff Commission under the SMA should be likewise construed within the same context as part and parcel of the legislative delegation of its inherent power to impose tariffs and imposts to the executive branch, subject to limitations and restrictions. In that regard, both the Tariff Commission and the DTI Secretary may be regarded as agents of Congress within their limited respective spheres, as ordained in the SMA, in the implementation of the said law which significantly draws its strength from the plenary legislative power of taxation. Indeed, even the President may be considered as an agent of Congress for the purpose of imposing safeguard measures. It is Congress, not the President, which possesses inherent powers to impose tariffs and imposts. Without legislative authorization through statute, the President has no power, authority or right to impose such safeguard measures because taxation is inherently legislative, not executive.
->There is no question that Section 5 of the SMA operates as a limitation validly imposed by Congress on the presidential 52 authority under the SMA to impose tariffs and imposts. That the positive final determination operates as an indispensable requisite to the imposition of the safeguard measure, and that it is the Tariff Commission which makes such determination, are legal propositions plainly expressed in Section 5 for the easy comprehension for everyone but respondents. CEIHcT
It can be surmised at once that respondents' preferred interpretation is based not on the express language of the SMA, but from implications derived in a roundabout manner. Certainly, no provision in the SMA expressly authorizes the DTI Secretary to impose a general safeguard measure despite the absence of a positive final recommendation of the Tariff Commission. On the
other hand, Section 5 expressly states that the DTI Secretary "shall apply a general safeguard measure upon a positive final determination of the [Tariff] Commission." The causal connection in Section 5 between the imposition by the DTI Secretary of the general safeguard measure and the positive final determination of the Tariff Commission is patent, and even respondents do not dispute such connection.
Respondents employed considerable effort to becloud Section 5 with undeserved ambiguity in order that a proper resort to the legislative deliberations may be had. Yet assuming that Section 5 deserves to be clarified through an inquiry into the legislative record, the excerpts cited by the respondents are far more ambiguous than the language of the assailed provision regarding the key question of whether the DTI Secretary may impose safeguard measures in the face of a negative determination by the Tariff Commission. Moreover, even Southern Cross counters with its own excerpts of the legislative record in support of their own view. 57
It will not be difficult, especially as to heavily-debated legislation, for two sides with contrapuntal interpretations of a statute to highlight their respective citations from the legislative debate in support of their particular views. 58 A futile exercise of second-guessing is happily avoided if the meaning of the statute is clear on its face. It is evident from the text of Section 5 that there must be a positive final determination by the Tariff Commission that a product is being imported into the country in increased quantities (whether absolute or relative to domestic production), as to be a substantial cause of serious injury or threat to the domestic industry. Any disputation to the contrary is, at best, the product of wishful thinking.
Notwithstanding, Congress in enacting the SMA and prescribing the roles to be played therein by the Tariff Commission and the DTI Secretary did not envision that the President, or his/her alter ego, could exercise supervisory powers over the Tariff Commission. If truly Congress intended to allow the traditional "alter ego" principle to come to fore in the peculiar setup established by the SMA, it would have assigned the role
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now played by the DTI Secretary under the law instead to the NEDA. The Tariff Commission is an attached agency of the National Economic Development Authority, 68 which in turn is the independent planning agency of the government. 69
The Tariff Commission does not fall under the administrative supervision of the DTI. 70 On the other hand, the administrative relationship between the NEDA and the Tariff Commission is established not only by the Administrative Code, but similarly affirmed by the Tariff and Customs Code.
Congress in enacting the SMA and prescribing the roles to be played therein by the Tariff Commission and the DTI Secretary did not envision that the President, or his/her alter ego could exercise supervisory powers over the Tariff Commission. If truly Congress intended to allow the traditional alter ego principle to come to fore in the peculiar setup established by the SMA, it would have assigned the role now played by the DTI Secretary under the law instead to the NEDA, the body to which the Tariff Commission is attached under the Administrative Code.
The Court has no issue with upholding administrative control and supervision exercised by the head of an executive department, but only over those subordinate offices that are attached to the department, or which are, under statute, relegated under its supervision and control. To declare that a department secretary, even if acting as alter ego of the President, may exercise such control or supervision over all executive offices below cabinet rank would lead to absurd results such as those adverted to above. As applied to this case, there is no legal justification for the DTI Secretary to exercise control, supervision, review or amendatory powers over the Tariff Commission and its positive final determination
Indeed, a declaration that the Tariff Commission possesses quasi-judicial powers, even if ascertained for the limited purpose of exercising its functions under the SMA, may have the unfortunate effect of expanding the Commission's powers beyond that contemplated by law. After all, the Tariff Commission is by convention, a fact-finding body, and its role under the SMA, burdened as it is with factual determination, is but a mere
continuance of this tradition. However, Congress through the SMA offers a significant deviation from this traditional role by tying the decision by the DTI Secretary to impose a safeguard measure to the required positive factual determination by the Tariff Commission. Congress is not bound by past traditions, or even by the jurisprudence of this Court, in enacting legislation it may deem as suited for the times. The sole benchmark for judicial substitution of congressional wisdom is constitutional transgression, a standard which the respondents do not even attempt to match.
Respondents' Suggested Interpretation
Of the SMA Transgresses Fair Play
Respondents have belabored the argument that the Decision's interpretation of the SMA, particularly of the role of the Tariff Commission vis-Ã -vis the DTI Secretary, is noxious to traditional notions of administrative control and supervision. But in doing so, they have failed to acknowledge the congressional prerogative to redefine administrative relationships, a license which falls within the plenary province of Congress under our representative system of democracy. Moreover, respondents' own suggested interpretation falls wayward of expectations of practical fair play.
Adopting respondents' suggestion that the DTI Secretary may disregard the factual findings of the Tariff Commission and investigatory process that preceded it, it would seem that the elaborate procedure undertaken by the Commission under the SMA, with all the attendant guarantees of due process, is but an inutile spectacle. As Justice Garcia noted during the oral arguments, why would the DTI Secretary bother with the Tariff Commission and instead conduct the investigation himself. 99
Certainly, nothing in the SMA authorizes the DTI Secretary, after making the preliminary determination, to personally oversee the investigation, hear out the interested parties, or receive evidence. 100 In fact, the SMA does not even require the Tariff Commission, which is tasked with the custody of the submitted evidence, 101 to turn over to the DTI Secretary such evidence it had evaluated in order to make its factual determination. 102 Clearly, as Congress tasked it to be, it is the Tariff Commission and not the DTI Secretary
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which acquires the necessary intimate acquaintance with the factual conditions and evidence necessary for the imposition of the general safeguard measure. Why then favor an interpretation of the SMA that leaves the findings of the Tariff Commission bereft of operative effect and makes them subservient to the wishes of the DTI Secretary, a personage with lesser working familiarity with the relevant factual milieu? In fact, the bare theory of the respondents would effectively allow the DTI Secretary to adopt, under the subterfuge of his "discretion", the factual determination of a private investigative group hired by the industry concerned, and reject the investigative findings of the Tariff Commission as mandated by the SMA. It would be highly irregular to substitute what the law clearly provides for a dubious setup of no statutory basis that would be readily susceptible to rank chicanery.
->The Court has been emphatic that a positive final determination from the Tariff Commission is required in order that the DTI Secretary may impose a general safeguard measure, and that the DTI Secretary has no power to exercise control and supervision over the Tariff Commission and its final determination. These conclusions are the necessary consequences of the applicable provisions of the Constitution, the SMA, and laws such as the Administrative Code. However, the law is silent though on whether this positive final determination may otherwise be subjected to administrative review.
There is no evident legislative intent by the authors of the SMA to provide for a procedure of administrative review. If ever there is a procedure for administrative review over the final determination of the Tariff Commission, such procedure must be done in a manner that does not contravene or disregard legislative prerogatives as expressed in the SMA or the Administrative Code, or fundamental constitutional limitations.
->In response to our citation of Section 28(2), Article VI, respondents elevate two arguments grounded in constitutional law. One is based on another constitutional provision, Section 12, Article XIII, which mandates that "[t]he State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods and adopt measures that help make them competitive." By no means does this provision dictate that the Court favor the domestic
industry in all competing claims that it may bring before this Court. If it were so, judicial proceedings in this country would be rendered a mockery, resolved as they would be, on the basis of the personalities of the litigants and not their legal positions.
Moreover, the duty imposed on by Section 12, Article XIII falls primarily with Congress, which in that regard enacted the SMA, a law designed to protect domestic industries from the possible ill-effects of our accession to the global trade order. Inconveniently perhaps for respondents, the SMA also happens to provide for a procedure under which such protective measures may be enacted. The Court cannot just impose what it deems as the spirit of the law without giving due regard to its letter.
->Public respondents allege that the Decision is contrary to our holding in Tañada v. Angara, 111 since the Court noted therein that the GATT itself provides built-in protection from unfair foreign competition and trade practices, which according to the public respondents, was a reason "why the Honorable [Court] ruled the way it did." On the other hand, the Decision "eliminates safeguard measures as a mode of defense." DCASIT
This is balderdash, as with any and all claims that the Decision allows foreign industries to ride roughshod over our domestic enterprises. The Decision does not prohibit the imposition of general safeguard measures to protect domestic industries in need of protection. All it affirms is that the positive final determination of the Tariff Commission is first required before the general safeguard measures are imposed and implemented, a neutral proposition that gives no regard to the nationalities of the parties involved. A positive determination by the Tariff Commission is hardly the elusive Shangri-la of administrative law. If a particular industry finds it difficult to obtain a positive final determination from the Tariff Commission, it may be simply because the industry is still sufficiently competitive even in the face of foreign competition. These safeguard measures are designed to ensure salvation, not avarice.
-> The Court of Appeals' Decision was annulled precisely because the appellate court did not have the power to rule on the petition in the first place. Jurisdiction is necessarily the power to decide a case, and a court which does not have the power to
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adjudicate a case is one that is bereft of jurisdiction. We find no reason to disturb our earlier finding that the Court of Appeals' Decision is null and void.
At the same time, the Court in its Decision paid particular heed to the peculiarities attaching to the 5 August 2003 Decisionof the DTI Secretary. In the DTI Secretary'sDecision, he expressly stated that as a result of the Court of Appeals' Decision, "there is no legal impediment for the Secretary to decide on the application." Yet the truth remained that there was a legal impediment, namely, that the decision of the appellate court was not yet final and executory. Moreover, it was declared null and void, and since the DTI Secretary expressly denominated the Court of Appeals' Decision as his basis for deciding to impose the safeguard measures, the latter decision must be voided as well. Otherwise put, without the Court of Appeals' Decision, the DTI Secretary's Decision of 5 August 2003 would not have been rendered as well.
Accordingly, the Court reaffirms as a nullity the DTI Secretary's Decision dated 5 August 2003. As a necessary consequence, no further action can be taken on Philcemcor's Petition for Extension of the Safeguard Measure. Obviously, if the imposition of the general safeguard measure is void as we declared it to be, any extension thereof should likewise be fruitless. The proper remedy instead is to file a new application for the imposition of safeguard measures, subject to the conditions prescribed by the SMA. Should this step be eventually availed of, it is only hoped that the parties involved would content themselves in observing the proper procedure, instead of making a mockery of the rule of law.
WHEREFORE, respondents' Motions for Reconsideration are DENIED WITH FINALITY.
Respondent DTI Secretary is hereby ENJOINED from taking any further action on the pending Petition for Extension of the Safeguard Measure.
NIRC REMEDIES
1. CIR v. Standard Chartered Bank, G.R. No.
192173, July 29, 2015.
Facts:
Standard Chartered Bank received a formal letter of demand ( dated June 24, 2004) for alleged deficiency income tax, final income tax – Foreign Currency Deposit Unit (FCDU), and expanded withholding tax (EWT) in the aggregate amount of P33,076,944.18, including increments covering taxable year 1998.
Standard Chartered protested the said assessment through filing a letter-protest stating the factual and legal bases of the assessment and requested that it be withdrawn and cancelled. It further contended that it already made payments through BIR’s electronic filing and payment system (eFPS) as regards its deficiency [WTC] and [FWT] assessments in the amounts of P124,967.73 and P139,713.11, respectively. Thus, the remaining assessments cover only the modified total amount of P33,076,944.18.
The decision of the CTA in Division, which was later on concurred by the CTA En Banc, is that petitioner’s subject Formal Letter of Demand and Assessment Notices should be cancelled considering that the same was already barred by prescription for having been issued beyond the three-year prescriptive period provided for in Section 203 of the National Internal Revenue Code. Although waivers of the statute of limitations were executed by the parties on July 20, 2001 and April 4, 2002, these did not extend the aforesaid prescriptive period because they were invalid by reason of failure to comply with the requirements set forth in RMO No. 20-90.
Issues:
I. WON the CIR’s right to assess Standard Chartered for deficiency income tax and final income tax covering taxable year 1998 has already prescribed, despite the waiver of statute of limitations executed by the parties
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II. WON Standard Chartered is estopped from questioning the validity of the waivers of the Statute of Limitations in view of the partial payments it made on the deficiency taxes sought to be collected
Held:
I. [YES] At the outset, the period for petitioner to assess and collect an internal revenue tax is limited only to three (3) years after the last day prescribed by law for the filing of the return. Provided, That in a case where a return is filed beyond the period prescribed by law, the three (3)-year period shall be counted from the day the return was filed. (Section 203 of the NIRC)
Thus, in the present case, petitioner only had three years, counted from the date of actual filing of the return or from the last date prescribed by law for the filing of such return, whichever comes later, to assess a national internal revenue tax or to begin a court proceeding for the collection thereof without an assessment. However, one of the exceptions to the three-year prescriptive period on the assessment of taxes is when before the expiration of the time prescribed in Section 203 for the assessment of the tax, both the Commissioner and the taxpayer have agreed in writing to its assessment after such time, the tax may be assessed within the period agreed upon. (Section 222(b) of the NIRC of 1997)
The cited provision authorizes the extension of the original three-year prescriptive period by the execution of a valid waiver, where the taxpayer and CIR may stipulate to extend the period of assessment by a written agreement executed prior to the lapse of the period prescribed by law, and by subsequent written agreements before the expiration of the period previously agreed upon.
RMO No. 20-90 implements the provisions of the NIRC relating to the period of prescription for the assessment and collection of taxes. The provisions of the RMO
explicitly show their mandatory nature, requiring strict compliance. Hence, failure to comply with any of the requisites renders a waiver defective and ineffectual.
In the instant case, the subject waivers did not comply with the form prescribed by the RMO, thus they did not extend the period to assess the subject deficiency tax liabilities of respondent for taxable year 1998. Hence prescription has already set in.
II. [NO] When respondent paid the deficiency WTC and FWT assessments, petitioner accepted said payment without any opposition. This effectively extinguished respondent’s obligation to pay the subject taxes. It bears emphasis that, obligations are extinguished, among others, by payment or performance.
The facts of this case do not call for the application of the doctrine of estoppel. It must be remembered that the execution of a Waiver of Statute of Limitations results to a derogation of some of the rights of the taxpayer, the same must be executed in accordance with pre-set guidelines and procedural requirements. The Court cannot turn blind on the importance of the Statute of Limitations upon the assessment and collection of internal revenue taxes provided for under the NIRC.
Ruling: In fine, the period to assess or collect deficiency taxes for the taxable year 1998 was never extended. Consequently, the Formal Letter of Demand and Assessment Notices dated 24 June 2004 were issued by the BIR beyond the three-year prescriptive period and are therefore void.
WHEREFORE, the petition is DENIED.
2. COMMISSIONER OF INTERNAL REVENUE vs. TEAM SUAL CORPORATION (formerly MIRANT SUAL CORPORATION)
Facts
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Team Sual Corporation (TSC), a VAT-registered corporation, is principally engaged in the business of power generation and the subsequent sale thereof solely to National Power Corporation (NPC).
The Commissioner of Internal Revenue (CIR) granted TSC's application for zero-rating arising from its sale of power generation services to NPC for the taxable year 2000.
TSC filed its VAT returns for the first, second, third, and fourth quarters of such year.
TSC filed with the BIR an administrative claim for refund, claiming that it is entitled to the unutilized input VAT in the amount of more than P179m arising from its zero-rated sales to NPC for the taxable year 2000.
On April 1, 2002, without awaiting the CIR's resolution of its administrative claim for refund/tax credit, TSC filed a petition for review with the CTA seeking the refund or the issuance of a tax credit certificate for the amount stated.
Issue
Should TSC’s claim for tax credit/refund be granted.
RulingNo. The claim should not be granted for failure to comply with the statutory and administrative procedures in claiming for tax credit/refund.
balik2x rani siya na rulign sa mga cases nothing different
Rationale
2 years admin claim-
within two years after the close of the taxable quarter when the sales were made, apply for the issuance of a tax credit certificate or refund of creditable input tax due or paid attributable to such sales
120 days
the Commissioner shall grant a refund or issue the tax credit certificate for creditable input taxes within one hundred twenty days from the date of submission of complete documents in support of the application filed
30 days- file for judicial claim with the Court of Tax Appeals.
denial denial of the claim for tax refund or tax credit,
or the failure on the part of the Commissioner to act on the application within the period prescribed above (120days
TSC filed its administrative claim for refund/tax credit with the BIR on March 11, 2002, which is still within the two-year prescriptive period. However, without waiting for the CIR decision or the lapse of the 120-day period from the time it submitted its complete documents in support of its claim, TSC filed a petition for review with the CTA on April 1, 2002 — a mere 21 days after it filed its administrative claim with the BIR. Clearly, TSC's petition for review with the CTA was prematurely filed; the CTA had no jurisdiction to take cognizance of TSC's petition since there was no decision as yet by the CIR denying TSC's claim, fully or partially, and the 120-day period had not yet lapsed.
3. Team Pacific Corporation vs. Daza as Municipal Treasurer of Taguig, G.R. No. 167732, July 11, 2012.
FACTS: A domestic corporation engaged in the business of assembling and exporting semiconductor devices, TPC conducts its business at the FTI Complex in the then Municipality of Taguig. It appears that since the start of its operations in 1999, TPC had been paying local business taxes assessed at one-half (1/2) rate pursuant to Section 75 (c) of Ordinance No. 24-93, otherwise known as the Taguig Revenue Code. Consistent with Section 143 (c)2 of Republic Act (RA) No. 7160, otherwise known as the Local Government Code of 1991, said provision of the Taguig Revenue Code provides as follows:
Section 75. Imposition of Tax. – There is hereby imposed on the following persons, natural or juridical, who establish, operate conduct or maintain their respective businesses within the Municipality of Taguig, a graduated business tax in the amounts hereafter prescribed: x x x x (c) On exporters, and on manufacturers, millers, producers, wholesalers, distributors, dealers or retailers of essential commodities enumerated hereunder at a rate not exceeding one-half (1/2) of the rates prescribed under subsections (a), (b) and (d) of
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this Section: (1) Rice and corn; (2) Wheat or cassava flour, meat, dairy products, locally manufactured, processed or preserved food, sugar, salt and other agricultural, marine, and fresh water products, whether in their original state or not; (3) Cooking oil and cooking gas; (4) Laundry soap, detergents, and medicine; (5) Agricultural implements, equipment and post- harvest facilities, fertilizers, pesticides, insecticides, herbicides and other farm inputs; (6) Poultry feeds and other animal feeds; (7) School supplies; and (8) Cement. x x x x
When it renewed its business license in 2004, however, TPC’s business tax for the first quarter of the same year was assessed in the sum of P208,109.77 by respondent Josephine Daza, in her capacity as then Municipal Treasurer of Taguig. The assessment was computed by Daza by applying the full value of the rates provided under Section 75 of the Taguig Revenue Code, instead of the one-half (1/2) rate provided under paragraph (c) of the same provision. Constrained to pay the assessed business tax on 19 January 2004 in view of its being a precondition for the renewal of its business permit, TPC filed on the same day a written protest with Daza, insisting on the one-half (1/2) rate on which its business tax was previously assessed.
Subsequent to its 13 April 2004 demand for the refund and/or issuance of a tax credit which it considered as an overpayment of its business taxes for the same year, TPC filed a petition for certiorari under Rule 65 Alleging that no formal action was taken regarding its protest on or before 19 March 2004 or within the period of sixty (60) days from the filing thereof as prescribed under Article 195 of the Local Government Code, TPC maintained that it was simply informed by Atty. Marianito D. Miranda, Chief of the Taguig Business Permit and Licensing Office, that the assessment of its business tax at the full rate was justified by the fact that it was not an exporter of the essential commodities enumerated under Section 143 of the Local Government Code and Section 75 of the Taguig Revenue Code. Arguing that Daza acted with grave abuse of discretion in not applying the one-half (1/2) rate provided under paragraph (c) of the same provisions, TPC prayed for the issuance of a temporary restraining order and/or permanent injunction to restrain the former from assessing business taxes at the
full rate, the refund of its overpayment as well as the grant of its claims for exemplary damages and attorney’s fees.
ISSUES:
(a) Whether or not it availed of the correct remedy against Daza’s illegal assessment when it filed its petition for certiorari before the RTC
(b) whether or not, as an exporter of semiconductor devices, it should be assessed business taxes at the full rate instead of the one-half (1/2) rates provided under Section 75 (c) of the Taguig Revenue Code and 143 (c) of the Local Government Code.
TPC argues that, without the remedy of appeal being specified with particularity under Article 195 of the Local Government Code, a Rule 65 petition for certiorari is the proper and logical remedy since Daza acted with grave abuse of discretion in assessing its business taxes at the full rate. Although it is an exporter of semiconductors, TPC insists that its business tax should have been computed at one-half (1/2) rate in accordance with the clear intendment of the law. It likewise claimed that its position is congruent with administrative determinations as well as Daza’s own act of reverting back to the half rate assessment of its business tax for the second quarter of 2006.
Daza, in turn, asserted that the RTC correctly dismissed TPC’s petition for certiorari in view of its failure to avail of the proper remedy of ordinary appeal provided under Article 195 of the Local Government Code. As then Municipal Treasurer of Taguig, Daza argued that she did not exceed her jurisdiction or abuse her discretion in assessing TPC’s business tax pursuant to Section 143 (c) of the same Code and Section 75 (c) of the Taguig Revenue Code. Not being an exporter of the basic commodities enumerated under the subject provisions, TPC cannot insist on the computation of its business taxes on the basis of the one-half (1/2) rate prescribed for a category of taxpayers to which
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it clearly did not belong. In view of TPC’s choice of the wrong mode of appeal, Daza maintained that the assailed assessment had already attained finality and can no longer be modified.
RULING: We find the dismissal of the petition in order.
A taxpayer dissatisfied with a local treasurer’s denial of or inaction on his protest over an assessment has thirty (30) days within which to appeal to the court of competent jurisdiction. Under the law, said period is to be reckoned from the taxpayer’s receipt of the denial of his protest or the lapse of the sixty (60) day period within which the local treasurer is required to decide the protest, from the moment of its filing.
SEC. 195. Protest of Assessment. - When the local treasurer or his duly authorized representative finds that correct taxes, fees, or charges have not been paid, he shall issue a notice of assessment stating the nature of the tax, fee or charge, the amount of deficiency, the surcharges, interests and penalties. Within sixty (60) days from the receipt of the notice of assessment, the taxpayer may file a written protest with the local treasurer contesting the assessment; otherwise, the assessment shall become final and executory. The local treasurer shall decide the protest within sixty (60) days from the time of its filing. If the local treasurer finds the protest to be wholly or partly meritorious, he shall issue a notice canceling wholly or partially the assessment. However, if the local treasurer finds the assessment to be wholly or partly correct, he shall deny the protest wholly or partly with notice to the taxpayer. The taxpayer shall have thirty (30) days from the receipt of the denial of the protest or from the lapse of the sixty (60) day period prescribed herein within which to appeal with the court of competent jurisdiction otherwise the assessment becomes conclusive and unappealable.
Absent any showing of the formal denial of the protest by Atty. Miranda, then Chief of the Taguig Business Permit and Licensing Office, we find that TPC’s filing of its petition before the RTC on 19 April 2004 still timely. Reckoned from the filing of the letter protest on 19
January 2004, Daza had sixty (60) days or until 19 March 2004 within which to resolve the same in view of the fact that 2004 was a leap year. From the lapse of said period, TPC, in turn, had thirty (30) days or until 18 March 2004 within which to file its appeal to the RTC. Since the latter date fell on a Sunday, the RTC correctly ruled that TPC’s filing of its petition on 19 April 2004 was still within the period prescribed under the above quoted provision.
We find that TPC erroneously availed of the wrong remedy in filing a Rule 65 petition for certiorari to question Daza’s inaction on its letter-protest. The rule is settled that, as a special civil action, certiorari is available only if the following essential requisites concur: (1) it must be directed against a tribunal, board, or officer exercising judicial or quasi-judicial functions; (2) the tribunal, board, or officer must have acted without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction; and, (3) there is no appeal nor any plain, speedy, and adequate remedy in the ordinary course of law.
o Judicial function entails the power to determine what the law is and what the legal rights of the parties are, and then undertakes to determine these questions and adjudicate upon the rights of the parties.
o Quasi-judicial function, on the other hand, refers to the action and discretion of public administrative officers or bodies, which are required to investigate facts or ascertain the existence of facts, hold hearings, and draw conclusions from them as a basis for their official action and to exercise discretion of a judicial nature.
Daza cannot be said to be performing a judicial or quasi-judicial function in assessing TPC’s business tax and/or effectively denying its protest as then Municipal Treasurer of Taguig. For this reason, Daza’s actions are not the proper subjects of a Rule 65 petition for certiorari which is the appropriate remedy in
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cases where a the tribunal, board, or officer exercising judicial or quasi-judicial functions acted without or in grave abuse of discretion amounting to lack or excess of jurisdiction and there is no appeal or any plain, speedy, and adequate remedy in law. It is likewise considered mutually exclusive with appeal like the one provided by Article 195 of the Local Government Code for a local treasurer’s denial of or inaction on a protest.
Even if, in the interest of substantial justice, we were to consider its petition for certiorari as an appeal from Daza’s denial of its protest, TPC’s availment of the wrong mode of appeal from the RTC’s assailed order has moreover, clearly rendered the same final and executory. Granted that a Rule 45 petition for review on certiorari is the proper mode of appeal when the issues raised are purely questions of law, TPC lost sight of the fact that Section 725 of RA No. 112526 has vested the Court of Tax Appeals (CTA) with the exclusive appellate jurisdiction over, among others, appeals from the judgments, resolutions or orders of the RTC in tax collection cases originally decided by them in their respective territorial jurisdiction . As amended it likewise requires that the appeal be perfected within thirty (30) days after receipt of the decision and shall be made by filing a petition for review under a procedure analogous to that provided for under Rule 42 of the 1997 Rules of Civil Procedure.
To our mind, TPC’s erroneous availment of the wrong mode of appeal and direct resort to this Court instead of the CTA both warrant the dismissal of the petition at bench. The rule is settled that the perfection of an appeal in the manner and within the period fixed by law is not only mandatory but jurisdictional and non-compliance with these legal requirements is fatal to a party’s cause.
Although appeal is an essential part of our judicial process, it has been held, time and again, that the right thereto is not a natural right or a part of due
process but is merely a statutory privilege. Thus, the perfection of an appeal in the manner and within the period prescribed by law is not only mandatory but also jurisdictional and failure of a party to conform to the rules regarding appeal will render the judgment final and executory. Once a decision attains finality, it becomes the law of the case irrespective of whether the decision is erroneous or not and no court — not even the Supreme Court — has the power to revise, review, change or alter the same.
4. ADAMSON VS CA
FACTS: Adamson and AMC sold 131,897 common shares of stock in Adamson and Adamson, Inc. Commissioner issued a Notice of Taxpayer informing them of deficiencies on their payment of capital gains tax and Value Added Tax (VAT). Adamson filed a letter request for re-investigation with the Commissioner. before the Commissioner could act on their letter-request, AMC, Lucas G. Adamson, Therese June D. Adamson and Sara S. de los Reyes filed a Petition for Review with the CTA. They assailed the Commissioners finding of tax evasion against them. The Commissioner moved to dismiss the petition, on the ground that it was premature, as she had not yet issued a formal assessment of the tax liability of therein petitioners. On September 19, 1994, the CTA denied the Motion to Dismiss. It considered the criminal complaint filed by the Commissioner with the DOJ as an implied formal assessment, and the filing of the criminal information with the RTC as a denial of petitioners protest regarding the tax deficiency. Commissioner repaired to the Court of Appeals on the ground that the CTA acted with grave abuse of discretion. She contended that, with regard to the protest provided under Section 229 of the NIRC, there must first be a formal assessment issued by the Commissioner, and it must be in accord with Section 6 of Revenue Regulation No. 12-85. She maintained that she had not yet issued a formal assessment of tax liability, and the tax deficiency amounts mentioned in her criminal complaint with the
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DOJ were given only to show the difference between the tax returns filed and the audit findings of the revenue examiner.
ISSUES: The issues in G.R. No. 124557 and G.R. No. 120935 can be compressed into three:
1. WHETHER THE COMMISSIONER HAS ALREADY RENDERED AN ASSESSMENT (FORMAL OR OTHERWISE) OF THE TAX LIABILITY OF AMC, LUCAS G. ADAMSON, THERESE JUNE D. ADAMSON AND SARA S. DE LOS REYES;
2. WHETHER THERE IS BASIS FOR THE CRIMINAL CASES FOR TAX EVASION TO PROCEED AGAINST AMC, LUCAS G. ADAMSON, THERESE JUNE D. ADAMSON AND SARA S. DE LOS REYES; and
3. WHETHER THE COURT OF TAX APPEALS HAS JURISDICTION TO TAKE COGNIZANCE OF BOTH THE CIVIL AND THE CRIMINAL ASPECTS OF THE TAX LIABILITY OF AMC, LUCAS G. ADAMSON, THERESE JUNE D. ADAMSON AND SARA S. DE LOS REYES.
RULING:
I. We rule that the recommendation letter of the Commissioner cannot be considered a formal assessment. Even a cursory perusal of the said letter would reveal three key points:
1. It was not addressed to the taxpayers.
2. There was no demand made on the taxpayers to pay the tax liability, nor a period for payment set therein.
3. The letter was never mailed or sent to the taxpayers by the Commissioner.
Recommendation letter served merely as the prima facie basis for filing criminal informations that the taxpayers had violated the tax code.
II. When fraudulent tax returns are involved as in the cases at bar, a proceeding in court after the collection of such tax may be begun without assessment. Here, the private respondents had already filed the capital gains tax return and the VAT returns, and paid the taxes they have declared due therefrom. Upon investigation of the examiners of the BIR, there was a preliminary finding of gross discrepancy in the computation of the capital gains taxes due from the sale of two lots of AAI shares, first to APAC and then to APAC Philippines, Limited. The examiners also found that the VAT had not been paid for VAT-liable sale of services for the third and fourth quarters of 1990. Arguably, the gross disparity in the taxes due and the amounts actually declared by the private respondents constitutes badges of fraud. No need for precise computation and formal assessment in order for criminal complaints to be filed against him
“An assessment of a deficiency is not necessary to a criminal prosecution for willful attempt to defeat and evade the income tax. A crime is complete when the violator has knowingly and willfully filed a fraudulent return, with intent to evade and defeat the tax. The perpetration of the crime is grounded upon knowledge on the part of the taxpayer that he has made an inaccurate return, and the governments failure to discover the error and promptly to assess has no connections with the commission of the crime.”
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III. Jurisdiction. The Court of Tax Appeals shall exercise exclusive appellate jurisdiction to review by appeal, as herein provided -
(1) Decisions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties imposed in relation thereto, or other matters arising under the National Internal Revenue Code or other laws or part of law administered by the Bureau of Internal Revenue
Laws have expanded the jurisdiction of the CTA. However, they did not change the jurisdiction of the CTA to entertain an appeal only from a final decision or assessment of the Commissioner, or in cases where the Commissioner has not acted within the period prescribed by the NIRC. In the cases at bar, the Commissioner has not issued an assessment of the tax liability of private respondents.
5. RIZAL COMMERCIAL BANKING CORPORATION vs . COMMISSIONER OF INTERNAL REVENUE
R E S O L U T I O N
Petitioner reiterates its claim that its former counsel's failure to file petition for review with the Court of Tax
Appeals within the period set by Section 228 of the National Internal Revenue Code of 1997 (NIRC) was excusable and raised the following issues for resolution:
Other than the issue of prescription, which is raised herein for the first time, the issues presented are a mere rehash of petitioner's previous arguments, all of which have been considered and found without merit in our Decision dated June 16, 2006. HDacIT
I. Petitioner maintains that its counsel's neglect in not filing the petition for review within the reglementary period was excusable. It alleges that the counsel's secretary misplaced the Resolution hence the counsel was not aware of its issuance and that it had become final and executory.
We are not persuaded.
In our Decision, we held that:
Relief cannot be granted on the flimsy excuse that the failure to appeal was due to the neglect of petitioner's counsel. Otherwise, all that a losing party would do to salvage his case would be to invoke neglect or mistake of his counsel as a ground for reversing or setting aside the adverse judgment, thereby putting no end to litigation.
Negligence to be "excusable" must be one which ordinary diligence and prudence could not have guarded against and by reason of which the rights of an aggrieved party have probably been impaired. Petitioner's former counsel's omission could hardly be characterized as excusable, much less unavoidable.
II. Petitioner also argues that, in the interest of substantial justice, the instant case should be re-opened considering that it was allegedly not accorded its day in court when the Court of Tax Appeals dismissed its petition for review for late filing. It claims that rules of
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procedure are intended to help secure, not override, substantial justice.
Petitioner's arguments fail to persuade us.
As correctly observed by the Court of Tax Appeals in its Decision dated June 7, 2005:
If indeed there was negligence, this is obviously on the part of petitioner's own counsel whose prudence in handling the case fell short of that required under the circumstances. He was well aware of the motion filed by the respondent for the Court to resolve first the issue of this Court's jurisdiction on July 15, 2003, that a hearing was conducted thereon on August 15, 2003 where both counsels were present and at said hearing the motion was submitted for resolution. Petitioner's counsel apparently did not show enthusiasm in the case he was handling as he should have been vigilant of the outcome of said motion and be prepared for the necessary action to take whatever the outcome may have been. Such kind of negligence cannot support petitioner's claim for relief from judgment.
petitioner's failure to file a petition for review with the Court of Tax Appeals within the statutory period rendered the disputed assessment final, executory and demandable, thereby precluding it from interposing the defenses of legality or validity of the assessment and prescription of the Government's right to assess.
In case the Commissioner failed to act on the disputed assessment within the 180-day period from date of submission of documents, a taxpayer can either:
1) file a petition for review with the Court of Tax Appeals within 30 days after the expiration of the 180-day period; or
2) await the final decision of the Commissioner on the disputed assessments and appeal such final decision to the Court of Tax Appeals within 30 days after receipt of a copy of such decision. However, these options are mutually exclusive, and resort to one bars the application of the other.
In the instant case, the Commissioner failed to act on the disputed assessment within 180 days from date of submission of documents. Thus, petitioner opted to file a petition for review before the Court of Tax Appeals. Unfortunately, the petition for review was filed out of time. Petitioner did not file a motion for reconsideration or make an appeal; hence, the disputed assessment became final, demandable and executory.
III. Lastly, we note that petitioner is raising the issue of prescription for the first time in the instant motion for reconsideration. The rule is well-settled that points of law, theories, issues and arguments not adequately brought to the attention of the lower court need not be considered by the reviewing court as they cannot be raised for the first time on appeal, 8 much more in a motion for reconsideration as in this case, because this would be offensive to the basic rules of fair play, justice and due process.
WHEREFORE, in view of the foregoing, petitioner's motion for reconsideration is DENIED.||| (Rizal Commercial Banking Corp. v. Commissioner of Internal Revenue, G.R. No. 168498 (Resolution), [April 24, 2007], 550 PHIL 316-326)
6. BONIFACIA SY PO v. CTA
G.R. No. 81446 August 18, 1988
FACTS:
Petitioner is the widow of the late Mr. Po Bien Sing. In the taxable years 1964 to 1972, the deceased Po Bien Sing was the sole proprietor of Silver Cup Wine Factory (Silver Cup for brevity). He was engaged in the business of manufacture and sale of compounded liquors, using alcohol and other ingredients as raw materials.
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On the basis of a denunciation against Silver Cup allegedly "for tax evasion amounting to millions of pesos" the then Secretary of Finance directed the Finance-BIR--NBI team constituted under Finance Department to conduct the corresponding investigation. Accordingly, a letter and a subpoena duces tecum were issued against Silver Cup requesting production of the accounting records and other related documents for the examination of the team.
Mr. Po Bien Sing did not produce his books of accounts as requested. This prompted the team with the assistance of the PC Company, Cebu City, to enter the factory bodega of Silver Cup and seized different brands, consisting of 1,555 cases of alcohol products.
On the basis of the team's report of investigation, the respondent Commissioner of Internal Revenue assessed Mr. Po Bien Sing deficiency income tax for 1966 to 1970 in the amount of P7,154,685.16 and for deficiency specific tax for January 2,1964 to January 19, 1972 in the amount of P5,595,003.68.
Petitioner protested the deficiency assessments through letters which protests were referred for reinvestigation. The corresponding report dated August 13, 1981 recommended the reiteration of the assessments in view of the taxpayer's persistent failure to present the books of accounts for examination, compelling respondent to issue warrants of distraint and levy.
The warrants were admittedly received by petitioner on October 14, 1981, which petitioner deemed respondent's decision denying her protest on the subject assessments. Hence, petitioner's appeal on October 29,1981.
ISSUE:
Whether or not the assessments have valid and legal bases
HELD:
Yes. The applicable legal provision is Section 16(b) of the National Internal Revenue Code of 1977 as amended. It reads:
Sec. 16. Power of the Commissioner of Internal Revenue to make assessments
(b) Failure to submit required returns, statements, reports and other documents. - When a report required by law as a basis for the assessment of an national internal revenue tax shall not be forthcoming within the time fixed by law or regulation or when there is reason to believe that any such report is false, incomplete, or erroneous, the Commissioner of Internal Revenue shall assess the proper tax on the best evidence obtainable.
In case a person fails to file a required return or other document at the time prescribed by law, or willfully or otherwise, files a false or fraudulent return or other documents, the Commissioner shall make or amend the return from his own knowledge and from such information as he can obtain through testimony or otherwise, which shall be prima facie correct and sufficient for all legal purposes.
The law is specific and clear. The rule on the "best evidence obtainable" applies when a tax report required by law for the purpose of assessment is not available or when the tax report is incomplete or fraudulent.
In the instant case, the persistent failure of the late Po Bien Sing and the herein petitioner to present their books of accounts for examination for the taxable years involved left the Commissioner of Internal Revenue no
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other legal option except to resort to the power conferred upon him under Section 16 of the Tax Code.
The tax figures arrived at by the Commissioner of Internal Revenue are by no means arbitrary.
Where the taxpayer is appealing to the tax court on the ground that the Collector's assessment is erroneous, it is incumbent upon him to prove there what is the correct and just liability by a full and fair disclosure of all pertinent data in his possession. Otherwise, if the taxpayer confines himself to proving that the tax assessment is wrong, the tax court proceedings would settle nothing, and the way would be left open for subsequent assessments and appeals in interminable succession.
Tax assessments by tax examiners are presumed correct and made in good faith. The taxpayer has the duty to prove otherwise. In the absence of proof of any irregularities in the performance of duties, an assessment duly made by a Bureau of Internal Revenue examiner and approved by his superior officers will not be disturbed. All presumptions are in favor of the correctness of tax assessments.
7. CAPITOL STEEL CORPORATION, petitioner , vs . PHIVIDEC INDUSTRIAL AUTHORITY, respondent .
FACTS:
Petitioner, Capitol Steel, is a domestic corporation which owns 65 parcels of land 3 with a total land area of 337,733 square meters (the properties) located in the barrios of Sugbongcogon and Casinglot, Municipality of Tagoloan, Province of Misamis Oriental.
Respondent, PHIVIDEC, is a government-owned and controlled corporation organized and existing under
Presidential Decree No. 538, 4 as amended, which is vested with governmental and proprietary functions 5 including the power of eminent domain for the purpose of acquiring rights of way or any property for the establishment or expansion of the Phividec Industrial Areas.
The properties of Capitol Steel were identified as the most ideal site for the Mindanao International Container Terminal Project (MICTP), a PHIVIDEC project which involves the phased production of an 800-meter berth and the acquisition of port equipment to handle the volume of seaborne break-bulk and container traffic in Mindanao.
On August 24, 1999, PHIVIDEC filed an expropriation case before the RTC of Misamis Oriental, docketed as Civil Case No. 99-477, and raffled to Branch 38 thereof.
On September 1, 1999, Branch 38 of the Misamis Oriental RTC issued a writ of possession in favor of PHIVIDEC. Due, however, to the unauthorized engagement by PHIVIDEC of the legal services of a private lawyer, the expropriation case was dismissed, without prejudice to the filing of a similar petition through a proper legal officer or counsel.
In the meantime, Capitol Steel requested the Technical Committee on Real Property Valuation (TCRPV) of the Bureau of Internal Revenue (BIR), by letter of March 27, 2001, for a revaluation of its properties. The TCRPV thereafter issued Resolution No. 36-2001 12 (TCRPV Resolution) dated December 11, 2001 fixing the "reasonable and realistic zonal valuation" of the properties at P700 per square meter.
By letter 14 of November 21, 2003, PHIVIDEC informed Capitol Steel that it would file anew an expropriation case and that it had deposited the amount of P116,563,500 in the name of Capitol Steel, P51,818,641 of which was deposited at the Landbank of the Philippines (Landbank) and P64,744,859 at the Development Bank of the Philippines (DBP). PHIVIDEC
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further informed Capitol Steel that the total amount deposited represents the zonal value of the properties, and may be withdrawn at any time.
Subsequently, PHIVIDEC, represented by the Government Corporate Counsel, re-filed on November 24, 2003 an expropriation case, docketed as Civil Case No. 2003-346, and raffled to Branch 20 of RTC of Misamis Oriental.
And on December 8, 2003, PHIVIDEC filed an Urgent Motion for the Issuance of a Writ of Possession 15 to which it attached a Certificate of Availability of Funds, 16 and Certifications from the Landbank 17 and the DBP 18 that it deposited the total amount of P116,563,500 required under Republic Act No. 8974 (R.A. 8974), "AN ACT TO FACILITATE THE ACQUISITION OF RIGHT-OF-WAY, SITE OR LOCATION FOR NATIONAL GOVERNMENT INFRASTRUCTURE PROJECTS AND FOR OTHER PURPOSES."
The total amount deposited represents one hundred percent (100%) of the value of the properties based on the schedule of zonal valuation for real properties under Department Order No. 40-97 19 (D.O. 40-97) fixing the zonal valuation of the properties at Sugbongcogon and Casinglot at P300 and P500 per square meter, respectively.
Capitol Steel opposed the application of D.O. 40-97, claiming instead that under the TCRPV Resolution, the properties have been revalued at P700 per square meter.
RTC ruled in favor of Capitol, on appeal, CA reversed the ruling of RTC.
Petitioner insists that the RTC was correct in ruling that the P700 per square meter valuation should be used in computing the provisional value of the property as the
valuation under D.O. 40-97 has been "effectively superseded" by the TCRPV Resolution.
ISSUE:
Whether the appellate court erred in ordering the RTC to issue a writ of possession in favor of respondent
RULING:
The "current relevant zonal valuation" under Section 4 of R.A. 8974 pertains to the values reflected in the schedule of zonal values embodied in a Department Order issued pursuant to Revenue Memorandum Order (RMO) No. 56-89 issued by the Commissioner of Internal Revenue. 52
RMO 56-89 provides for the procedures for the establishment of the zonal values of real properties, viz:
(1). The submission or review by the Revenue District Offices Sub-Technical Committee of the schedule of recommended zonal values to the TCRPV;
(2) The evaluation by TCRPV of the submitted schedule of recommended zonal values of real properties;
(3) Except in cases of correction or adjustment, the TCRPV finalizes the schedule and submits the same to the Executive Committee on Real Property Valuation (ECRPV);
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(4) Upon approval of the schedule of zonal values by the ECRPV, the same is embodied in a Department Order for implementation and signed by the Secretary of Finance. Thereafter, the schedule takes effect (15) days after its publication in the Official Gazette 53 or in any newspaper of general circulation. HDIaET
This Court finds that the determination of P300 and P500 per square meter zonal values were, along with the zonal values of other real properties located in all municipalities under the jurisdiction of Revenue District Office No. 98 (Cagayan de Oro City), Revenue Region No. 16 (Cagayan de Oro City), the subject of a public hearing on February 5, 1996. On March 19, 1997, the zonal values were approved by both the TCRPV and the ECRPV and on even date, the Secretary of Finance, upon the recommendation of the BIR, issued D.O. 40-97 to implement the schedule of zonal values. D.O. 40-97 thereafter took effect on October 21, 1997, 15 days after its publication in The Philippine Journal.
In contrast, the P700 per square meter zonal value provided for under TCRPV Resolution was not approved by the ECRPV, was not embodied in a Department Order, and did not undergo the required public hearing and publication required under RMO 56-89.
IN FINE, all the requirements set forth under Section 4 of R.A. 8974 have been satisfactorily complied with, there is no legal impediment to the issuance of a writ of possession in favor of respondent.
8. COMMISSIONER OF INTERNAL REVENUE VS. SONY PHILIPPINES, INC
FACTS:
Sony Philippines was ordered examined for “the period 1997 and unverified prior years” as indicated in the Letter of Authority. The audit yielded assessments against Sony Philippines for deficiency VAT and FWT, viz: (1) late remittance of Final Withholding Tax on royalties for the period January to March 1998 and (2) deficiency VAT on reimbursable received by Sony Philippines from its offshore affiliate, Sony International Singapore (SIS).
ISSUES:
(1) Is Petitioner liable for deficiency Value Added Tax?
(2) Was the investigation of its 1998 Final Withholding Tax return valid?
HELD:
(1) NO. Sony Philippines did in fact incur expenses supported by valid VAT invoices when it paid for certain advertising costs. This is sufficient to accord it the benefit of input VAT credits and where the money came from to satisfy said advertising billings is another matter but does not alter the VAT effect. In the same way, Sony Philippines can not be deemed to have received the reimbursable as a fee for a VAT-taxable activity. The reimbursable was couched as an aid for Sony Philippines by SIS in view of the company’s “dire or adverse economic conditions”. More importantly, the absence of a sale, barter or exchange of goods or properties supports the non-VAT nature of the reimbursement. This was distinguished from the COMASERCO case where even if there was similarly a reimbursement-on-cost arrangement between affiliates, there was in fact an underlying service. Here, the advertising services were rendered in favor of Sony Philippines not SIS.
(2) NO. A Letter of Authority should cover a taxable period not exceeding one year and to indicate that it covers ‘unverified prior years’ should be enough to invalidate it. In addition, even if the Final Withholding Tax was covered by Sony Philippines’ fiscal year ending March 1998, the same fell outside of ‘the period 1997’
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and was thus not validly covered by the Letter of Authority.
9. COMMISSIONER OF INTERNAL REVENUE, Petitioner, vs. KUDOS METAL CORPORATION, Respondent
Facts:
1. Kudos Metal Corporation filed its Annual Income Tax Return (ITR) for the taxable year 1998. (BIR) served upon respondent three Notices of Presentation of Records. Respondent failed to comply with these notices, hence, the BIR issued a Subpeona Duces Tecum dated September 21, 2006, receipt of which was acknowledged by respondents President, Mr. Chan Ching Bio, in a letter dated October 20, 2000.
2. Respondent accountant, executed two Waiver of the Defense of Prescription.
3. BIR issued a Preliminary Assessment Notice for the taxable year 1998 against the respondent. This was followed by a Formal Letter of Demand with Assessment Notices for taxable year 1998.
4. Respondent challenged the assessments by filing its “Protest on Various Tax Assessments” on December 3, 2003 and its “Legal Arguments and Documents in Support of Protests against Various Assessments” on February 2, 2004.
5. BIR rendered a final Decision on the matter, requesting the immediate payment of the Respondent’s tax liabilities.
6. Respondent filed a Petition for Review with the CTA. CTA cancelled the assessment notices issued against respondent for having been issued beyond the prescriptive period.
7. Petitioner moved for reconsideration but the CTA Second Division denied the motion. On appeal, the CTA En Banc affirmed the cancellation of the assessment notices. Petitioner sought reconsideration but the same was unavailing.
Issue:
WON THE CTA ERRED IN RULING THAT THE GOV’T’. RIGHT TO ASSESS UNPAID TAXES OF RESPONDENT PRESCRIBED.
Held:
Section 203 of the National Internal Revenue Code of 1997 (NIRC) mandates the government to assess internal revenue taxes within three years from the last day prescribed by law for the filing of the tax return or the actual date of filing of such return, whichever comes later. Hence, an assessment notice issued after the three-year prescriptive period is no longer valid and effective. Exceptions however are provided under Section 222 of the NIRC.
The waivers executed by respondents accountant did not extend the period within which the assessment can be made
Petitioner does not deny that the assessment notices were issued beyond the three-year prescriptive period, but claims that the period was extended by the two waivers executed by respondents accountant.
Section 222 (b) of the NIRC provides that the period to assess and collect taxes may only be extended upon a written agreement between the CIR and the taxpayer executed before the expiration of the three-year period.
A perusal of the waivers executed by respondent's accountant reveals the following infirmities:
1.The waivers were executed without the notarized written authority of Pasco to sign the waiver in behalf of respondent.
2.The waivers failed to indicate the date of acceptance.
3.The fact of receipt by the respondent of its file copy was not indicated in the original copies of the waivers.
Conversely, in this case, the assessments were issued beyond the prescribed period.
The doctrine of estoppel cannot be applied in this case as an exception to the statute of limitations on the assessment of taxes considering that there is a detailed
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procedure for the proper execution of the waiver, which the BIR must strictly follow. As we have often said, the doctrine of estoppel is predicated on, and has its origin in, equity which, broadly defined, is justice according to natural law and right. As such, the doctrine of estoppel cannot give validity to an act that is prohibited by law or one that is against public policy. It should be resorted to solely as a means of preventing injustice and should not be permitted to defeat the administration of the law, or to accomplish a wrong or secure an undue advantage, or to extend beyond them requirements of the transactions in which they originate.24 Simply put, the doctrine of estoppel must be sparingly applied.
10. CIR vs. Pascor Realty and Development Corp., et al., (1999)
Facts:
CIR authorized several revenue officers to examine the books of accounts and other accounting records of Pascor Realty and Development Corporation (PRDC) for the years ending 1986, 1987 and 1988. The said examination resulted in a recommendation for the issuance of an assessment in the amounts of P7,498,434.65 and P3,015,236.35 for the years 1986 and 1987, respectively.
CIR filed a criminal complaint before the DOJ against the PRDC, its President, and its Treasurer, alleging evasion of taxes in the total amount of P10,513,671.00. Private respondents PRDC, et. al. filed an Urgent Request for Reconsideration/Reinvestigation disputing the tax assessment and tax liability. The CIR denied the urgent request for reconsideration/reinvestigation of the private respondents on the ground that no formal assessment has as yet been issued by the Commissioner.
Private respondents then elevated the Decision of the CIR to the Court of Tax Appeals. CIR filed a Motion to Dismiss the petition on the ground that the CTA has no jurisdiction over the subject matter of the petition, as there was no formal assessment issued against the petitioners. The CTA denied the said motion to dismiss and ordered the CIR to file an answer within thirty (30)
days from receipt of said resolution but CIR did not file an answer nor did she move to reconsider the resolution.
CIR, instead, filed a petition with the CA on the ground Respondent Court of Tax Appeals acted with grave abuse of discretion and without jurisdiction in considering the affidavit/report of the revenue officer and the indorsement of said report to the secretary of justice as assessment which may be appealed to the Court of Tax Appeals. CA sustained the CTA and dismissed the petition.
Issue:
Whether the revenue officers Affidavit-Report, which was attached to the criminal Complaint filed with the Department of Justice, constituted an assessment that could be questioned before the Court of Tax Appeals.
Ruling:
Petitioner argues that the filing of the criminal complaint with the Department of Justice cannot in any way be construed as a formal assessment of private respondents tax liabilities. This position is based on Section 205 of the National Internal Revenue Code (NIRC), which provides that remedies for the collection of deficient taxes may be by either civil or criminal action. Likewise, petitioner cites Section 223(a) of the same Code, which states that in case of failure to file a return, the tax may be assessed or a proceeding in court may be begun without assessment.
We agree with petitioner. Neither the NIRC nor the revenue regulations governing the protest of assessments provide a specific definition or form of an assessment. However, the NIRC defines the specific functions and effects of an assessment. To consider the affidavit attached to the Complaint as a proper assessment is to subvert the nature of an assessment and to set a bad precedent that will prejudice innocent taxpayers
To start with, an assessment must be sent to and received by a taxpayer, and must demand payment of the taxes described therein within a specific period.
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The issuance of an assessment is vital in determining the period of limitation regarding its proper issuance and the period within which to protest it. Section 203 of the NIRC provides that internal revenue taxes must be assessed within three years from the last day within which to file the return. Section 222, on the other hand, specifies a period of ten years in case a fraudulent return with intent to evade was submitted or in case of failure to file a return. Also, Section 228 of the same law states that said assessment may be protested only within thirty days from receipt thereof. Necessarily, the taxpayer must be certain that a specific document constitutes an assessment. Otherwise, confusion would arise regarding the period within which to make an assessment or to protest the same, or whether interest and penalty may accrue thereon.
In the present case, the revenue officers Affidavit merely contained a computation of respondents tax liability. It did not state a demand or a period for payment. Worse, it was addressed to the justice secretary, not to the taxpayers.
That the BIR examiners Joint Affidavit attached to the Criminal Complaint contained some details of the tax liabilities of private respondents does not ipso facto make it an assessment. The purpose of the Joint Affidavit was merely to support and substantiate the Criminal Complaint for tax evasion. Clearly, it was not meant to be a notice of the tax due and a demand to the private respondents for payment thereof.
Private respondents maintain that the filing of a criminal complaint must be preceded by an assessment. This is incorrect, because Section 222 of the NIRC specifically states that in cases where a false or fraudulent return is submitted or in cases of failure to file a return such as this case, proceedings in court may be commenced without an assessment. Furthermore, Section 205 of the same Code clearly mandates that the civil and criminal aspects of the case may be pursued simultaneously. In Ungab v. Cusi, petitioner therein sought the dismissal of the criminal Complaints for being premature, since his protest to the CTA had not yet been resolved. The Court held that such protests could not stop or suspend the criminal action which was independent of the resolution of the protest in the CTA. This was because the commissioner of internal revenue had, in such tax evasion cases, discretion on whether to
issue an assessment or to file a criminal case against the taxpayer or to do both.
11. Republic v. Dela Rama
FACTS:
The estate of the late Esteban de la Rama was the subject of Special Proceedings No. 401 of the Court of First Instance of Iloilo. The executor-administrator, Eliseo Hervas, filed income tax returns of the estate corresponding to the taxable year 1950. The Bureau of Internal Revenue later claimed that it had found out that there had been received by the estate in 1950 from the De la Rama Steamship Company, Inc. cash dividends amounting to P86,800.00, which amount was not declared in the income tax return of the estate for the year 1950. The Bureau of Internal Revenue then made an assessment as deficiency income tax against the estate.
The Collector of Internal Revenue wrote a letter to Mrs. Lourdes de la Rama-Osmeña informing her of the deficiency income tax and asking for payment. Counsel for Lourdes wrote to the Collector acknowledging receipt of the assessment but contended that Lourdes had no authority to represent the estate, and that the assessment should be sent to Leonor de la Rama who was pointed to by said counsel as the administratrix. The Deputy Collector of Internal Revenue then sent a letter to Leonor de la Rama as administratrix of the estate, asking payment. The tax, as assessed, not having been paid, the Deputy Commissioner of Internal Revenue, on September 7, 1959, wrote another letter to Lourdes demanding the payment of the deficiency income tax within the period of thirty days from receipt thereof. The counsel of Lourdes insisted that the letter should be sent to Leonor de la Rama. The Deputy Commissioner of Internal Revenue wrote to Leonor de la Rama another letter, demanding the payment within thirty days from receipt thereof.
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The deficiency income tax not having been paid, the Republic of the Philippines filed a complaint against the heirs of Esteban de la Rama. The Trial court, however, dismissed the complaint on the ground that [relevant to the subject heading]it was Eliseo Hervas, and neither Leonor nor Lourdes, who was the proper administrator at the time, and to whom the assessment should have been sent.
The appellant contended that the assessment had become final, because the decision of the Collector of Internal Revenue was sent in a letter dated February 11, 1960 and addressed to the heirs of the late Esteban de la Rama, through Leonor de la Rama as administratrix of the estate, and was not disputed or contested by way of appeal within thirty days from receipt thereof to the Court of Tax Appeals.
ISSUE: WON there was proper notice of the tax assessment
RATIO: If the notice was not sent to the taxpayer for the purpose of giving effect to the assessment, said notice cannot produce any effect.
HELD: The SC sustained the finding of the lower court that neither Leonor nor Lourdes was the administratrix of the estate of Esteban de la Rama. The Court noted that at the time the tax assessment was sent, Special Proceedings No. 401 were still open with respect to the controverted matter regarding the cash dividends upon which the deficiency assessment was levied. It is clear that at the time these special proceedings were taking place, Eliseo Hervas was the duly appointed administrator of the estate.
Plaintiff-appellant also contends that the lower court could not take cognizance of the defense that the assessment was erroneous, this being a matter that is within the exclusive jurisdiction of the Court of Tax Appeals. This contention has no merit. According to Republic Act 1125, the Court of Tax Appeals has exclusive jurisdiction to review by appeal decisions of
the Collector of Internal Revenue in cases involving disputed assessments, and the disputed assessment must be appealed by the person adversely affected by the decision within thirty days after the receipt of the decision. In the instant case, the person adversely affected should have been the administrator of the estate, and the notice of the assessment should have been sent to him. The administrator had not received the notice of assessment, and he could not appeal the assessment to the Court of Tax Appeals within 30 days from notice. Hence the assessment did not fall within the exclusive jurisdiction of the Court of Tax Appeals.
DISPOSITION: Petition is DISMISSED, decision appealed from is AFFIRMED
12. Commissioner of Internal Revenue v. Acosta, G.R. No. 154068, August 3, 2007
FACTS:
Respondent is an employee of Intel Manufacturing Phils., Inc. For the period January 1, 1996 to December 31, 1996, respondent was assigned in a foreign country. During that period, Intel withheld the taxes due on respondent's compensation income and remitted to the BIR the amount of P308,084.56. On March 21, 1997, respondent and her husband filed with the BIR their Joint Individual Income Tax Return for the year 1996. On June 17, 1997, respondent filed an amended return and a Non-Resident Citizen Income Tax Return, and paid the BIR P17,693.37 plus interests in the amount of P14,455.76. On October 8, 1997, she filed another amended return indicating an overpayment of P358,274.63.Claiming that the income taxes withheld and paid by Intel and respondent resulted in an overpayment of P340,918.92, respondent filed
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on April 15, 1999 a petition for review with the CTA.CIR moved to dismiss the petition for failure of respondent to file the mandatory written claim for refund before the CIR.The CTA dismissed respondent's petition. First, the CTA ruled that respondent failed to file a written claim for refund with the CIR, a condition precedent to the filing of a petition for review before the CTA. Second, the CTA noted that respondent's omission, inadvertently or otherwise, to allege in her petition the date of filing the final adjustment return, deprived the court of its jurisdiction over the subject matter of the case CA reversed the CTA and directed the latter to resolve respondent's petition for review. Applying Section 204 (c) of the 1997 NIRC, the CA ruled that respondent's filing of an amended return indicating an overpayment was sufficient compliance with the requirement of a written claim for refund.
ISSUE:
1. Does the amended return filed by respondent indicating an overpayment constitute the written claim for refund required by law, thereby vesting the CTA with jurisdiction over this case?
2. Can the 1997 NIRC be applied retroactively?RULING:
1. NO. The applicable law on refund of taxes pertaining to the 1996 compensation income is Section 230 of the old Tax Code, which was the law then in effect, and not Section 204 (c) of the new Tax Code, which was effective starting only on January 1, 1998.
The requirements under Section 230 for refund claims are as follows:
1. A written claim for refund or tax credit must be filed by the taxpayer with the Commissioner;
2. The claim for refund must be a categorical demand for reimbursement; DAESTI
3. The claim for refund or tax credit must be filed, or the suit or proceeding therefor must be commenced in court within two (2) years from date of payment of the tax or penalty regardless of any supervening cause.
The law is clear. A claimant must first file a written claim for refund, categorically demanding recovery of overpaid taxes with the CIR, before resorting to an action in court. This obviously is intended, first, to afford the CIR an opportunity to correct the action of subordinate officers; and second, to notify the government that such taxes have been questioned, and the notice should then be borne in mind in estimating the revenue available for expenditure.
Tax refunds are in the nature of tax exemptions which are construed strictissimi juris against the taxpayer and liberally in favor of the government. As tax refunds involve a return of revenue from the government, the claimant must show indubitably the specific provision of law from which her right arises; it cannot be allowed to exist upon a mere vague implication or inference nor can it be extended beyond the ordinary and reasonable intendment of the language actually used by the legislature in granting the refund.
SC said that they cannot apply the liberal interpretation of the law based on their pronouncement in the case of BPI-Family Savings Bank, Inc. v. Court of Appeals, as asserted by respondent because in that case the taxpayer filed a written claim for refund aside from presenting other evidence to prove its claim, unlike this case.
2. NO. Petitioner argues that the 1997 NIRC cannot be applied retroactively as the instant case involved refund of taxes withheld on a 1996 income. Respondent, however, points out that when the petition was filed with the CTA on April 15, 1999, the 1997 NIRC was already in effect, hence, Section 204 (c) should apply, despite the fact that the refund being sought pertains to a 1996 income tax. Note that the issue on the retroactivity of Section 204 (c) of the 1997 NIRC arose because the last paragraph of Section 204 (c) was not found in Section 230 of the old Code.
SC ruled that they cannot give retroactive application to Section 204 (c). Tax laws are prospective in
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operation, unless the language of the statute clearly provides otherwise.
13. CIR vs. The Estate of Benigno P. Toda, Jr., et al.,
G.R. No. 147188, September 14, 2004
Facts:
MCIC authorized Benigno P. Toda, Jr., President and owner of 99.991% of its issued and outstanding capital stock, to sell the Cibeles Building and the two parcels of land on which the building stands for an amount of not less than P90 million.
On 30 August 1989, Toda purportedly sold the property for P100 million to Rafael A. Altonaga, who, in turn, sold the same property on the same day to Royal Match Inc. (RMI) for P200 million.
For the sale of the property to RMI, Altonaga paid capital gains tax in the amount of P10 million.
On 16 April 1990, CIC filed its corporate annual income tax return for the year 1989, declaring, among other things, its gain from the sale of real property.
On 12 July 1990, Toda sold his entire shares of stocks in CIC to Le Hun T. Choa. Three and a half years later, Toda died.
On 29 March 1994, the Bureau of Internal Revenue (BIR) sent an assessment notice and demand letter to the CIC for deficiency income tax for the year 1989.
The new CIC asked for a reconsideration, asserting that Toda had undertaken to hold the buyer of his
stockholdings and the CIC free from all tax liabilities for the fiscal years 1987-1989.
On 27 January 1995, the Estate of Benigno P. Toda, Jr., represented administrators , received a Notice of Assessment dated 9 January 1995 from the Commissioner of Internal Revenue for deficiency income tax for the year 1989.
The CTA held that the Commissioner failed to prove that CIC committed fraud to deprive the government of the taxes due it. It ruled that even assuming that a pre-conceived scheme was adopted by CIC, the same constituted mere tax avoidance, and not tax evasion. There being no proof of fraudulent transaction, the applicable period for the BIR to assess CIC is that prescribed in Section 203 of the NIRC of 1986, which is three years after the last day prescribed by law for the filing of the return. Thus, the governments right to assess CIC prescribed on 15 April 1993. The assessment issued on 9 January 1995 was, therefore, no longer valid.
Issue:
Is this a case of tax evasion or tax avoidance?
Has the period of assessment prescribed?
Held:
That Altonaga was a mere conduit finds support in the admission of respondent Estate that the sale to him was part of the tax planning scheme of CIC.
The scheme resorted to by CIC in making it appear that there were two sales of the subject properties, i.e., from CIC to Altonaga, and then from Altonaga to RMI cannot be considered a legitimate tax planning. Such scheme is tainted with fraud.
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Here, it is obvious that the objective of the sale to Altonaga was to reduce the amount of tax to be paid especially that the transfer from him to RMI would then subject the income to only 5% individual capital gains tax, and not the 35% corporate income tax. Altonagas sole purpose of acquiring and transferring title of the subject properties on the same day was to create a tax shelter. Altonaga never controlled the property and did not enjoy the normal benefits and burdens of ownership. The sale to him was merely a tax ploy, a sham, and without business purpose and economic substance. Doubtless, the execution of the two sales was calculated to mislead the BIR with the end in view of reducing the consequent income tax liability.
In a nutshell, the intermediary transaction, i.e., the sale of Altonaga, which was prompted more on the mitigation of tax liabilities than for legitimate business purposes constitutes one of tax evasion.
General rule: BIR has 3 years to collect and assess taxes
Exception: in cases of (1) fraudulent returns; (2) false returns with intent to evade tax; and (3) failure to file a return, the period within which to assess tax is ten years from discovery of the fraud, falsification or omission, as the case may be.
It is true that in a query dated 24 August 1989, Altonaga, through his counsel, asked the Opinion of the BIR on the tax consequence of the two sale transactions.Thus, the BIR was amply informed of the transactions even prior to the execution of the necessary documents to effect the transfer. Subsequently, the two sales were openly made with the execution of public documents and the declaration of taxes for 1989. However, these circumstances do not negate the existence of fraud. As earlier discussed those two transactions were tainted with fraud. And even assuming arguendo that there was no fraud, we find that the income tax return filed by CIC for the year 1989 was false. It did not reflect the true or actual amount gained from the sale of the Cibeles property. Obviously,
such was done with intent to evade or reduce tax liability.
As stated above, the prescriptive period to assess the correct taxes in case of false returns is ten years from the discovery of the falsity. The false return was filed on 15 April 1990, and the falsity thereof was claimed to have been discovered only on 8 March 1991.The assessment for the 1989 deficiency income tax of CIC was issued on 9 January 1995. Clearly, the issuance of the correct assessment for deficiency income tax was well within the prescriptive period.
14. CIR v. Hambrecht
FACTS: The assessment against Hambrecht & Quist had become final and unappelable since there was a failure to protest the same within the 30-day period provided by law. However, the CTA held that the BIR failed to collect within the prescribed time and thus ordered the cancellation of the assessment notice. The CIR disputed the jurisdiction of the CTA arguing that since the assessment had become final and unappealable, the taxpayer can no longer dispute the correctness of the assessment even before the CTA.
ISSUE: Can the CTA still take cognizance of an assessment case which has become ‘final and unappealable’ for failure of the taxpayer to protest within the 30-day protest period?
HELD: YES. The appellate jurisdiction of the CTA is not limited to cases which involve decisions of the CIR on matters relating to assessments or refunds. The CTA law clearly bestows jurisdiction to the CTA even on “other matters arising under the National Internal Revenue Code”. Thus, the issue of whether the right of the CIR to collect has prescribed, collection being one of the duties of the BIR, is considered covered by the term “other matters”. The fact that assessment has become final for failure to protest only means that the validity or correctness of the assessment may no longer be questioned on appeal. However, this issue is entirely distinct from the issue of whether the right to collect has in fact prescribed.
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The Court ruled that the right to collect has indeed prescribed since there was no proof that the request for reinvestigation was in fact granted/acted upon by the CIR. Thus, the period to collect was never suspended.
15. CIR vs Metro Star Superama
FACTS:
In January 2001, a revenue officer was authorized to examine the books of accounts of Metro Star Superama, Inc. In April 2002, after the audit review, the revenue district officer issued a formal assessment notice against Metro Star advising the latter that it is liable to pay P292,874.16 in deficiency taxes. Metro Star assailed the issuance of the formal assessment notice as it averred that due process was not observed when it was not issued a pre-assessment notice. Nevertheless, the Commissioner of Internal Revenue authorized the issuance of a Warrant of Distraint and/or Levy against the properties of Metro Star.
Metro Star then appealed to the Court of Tax Appeals (CTA Case No. 7169). The CTA ruled in favor of Metro Star.
ISSUE: Whether or not due process was observed in the issuance of the formal assessment notice against Metro Star.
HELD: No. It is true that there is a presumption that the tax assessment was duly issued. However, this presumption is disregarded if the taxpayer denies ever having received a tax assessment from the Bureau of Internal Revenue. In such cases, it is incumbent upon the BIR to prove by competent evidence that such notice was indeed received by the addressee-taxpayer. The onus probandi was shifted to the BIR to prove by contrary evidence that the Metro Star received the assessment in the due course of mail. In the case at bar, the CIR merely alleged that Metro Star received the pre-assessment notice in January 2002. The CIR could have
simply presented the registry receipt or the certification from the postmaster that it mailed the pre-assessment notice, but failed. Neither did it offer any explanation on why it failed to comply with the requirement of service of the pre-assessment notice. The Supreme Court emphasized that the sending of a pre-assessment notice is part of the due process requirement in the issuance of a deficiency tax assessment,” the absence of which renders nugatory any assessment made by the tax authorities.
Taxes are the lifeblood of the government and so should be collected without unnecessary hindrance. But even so, it is a requirement in all democratic regimes that it be exercised reasonably and in accordance with the prescribed procedure.
16. CIR v. Enro Subic Power Corp.
GR No. 166387; January 19, 2009
Facts:
In 1997, Enron Subic Power Corporation received a pre-assessment notice from the Bureau of Internal Revenue (BIR). Enron allegedly had a tax deficiency of P2.8 million for the year 1996. Enron filed a protest. In 1999, Enron received a final assessment notice (FAN) from the BIR for the same amount of tax deficiency.
Enron however assailed the FAN because according to Enron the FAN is not compliant with Section 228 of the National Internal Revenue Code (NIRC) which provides that the legal and factual bases of the assessment must be contained in the FAN. The FAN issued to Enron only contained the computation of its alleged tax liability.
The Commissioner of Internal Revenue (CIR) admitted that the FAN did not contain the legal and factual bases of the assessment however, the CIR insisted that the same has been substantially complied with already because during the pre-assessment stage, the representative of Enron has been advised of the said factual and legal bases of the assessment.
Issue:
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Whether or not the disputed assessment valid?
Held:
NO. The assessment is not valid. Although the revenue examiners discussed their findings with Respondent’s representative during the pre-assessment stage, the same, together with the Preliminary Five-Day Letter and Petitioner’s Annex G, were not sufficient to comply with the procedural requirement of due process. The Tax Code provides that a taxpayer shall be informed (and not merely “notified” as was the requirement before) in writing of the law and the facts on which the assessment is made; otherwise, the assessment shall be void. The use of the word “shall” indicates the mandatory nature of the requirement. Moreover, It cannot be substituted by other notices or advisories issued or delivered to the taxpayer during the preliminary stage.
17. COMMISSIONER OF INTERNAL REVENUE vs.
ISABELA CULTURAL CORPORATIO
Facts: In an investigation conducted on the 1986 books
of account of [respondent, petitioner] had the
preliminary [finding] that [respondent] incurred a total
income tax deficiency of P9,985,392.15, inclusive of
increments. Upon protest by [respondent's] counsel,
the said preliminary assessment was reduced to the
amount of P325,869.44, a breakdown of which follows:
Deficiency Income Tax P321,022.68
Deficiency Expanded Withholding Tax 4,846.76
Total P325,869.44
On February 23, 1990, [respondent] received from
[petitioner] an assessment letter, dated February 9,
1990, demanding payment of the amounts of
P333,196.86 and P4,897.79 as deficiency income tax
and expanded withholding tax inclusive of surcharge
and interest, respectively, for the taxable period from
January 1, 1986 to December 31, 1986.
Respondent filed with the [petitioner's] office on March
23, 1990 a request for reconsideration of the subject
assessment and, on April 18, 1990, a letter was sent and
were attached certain documents supportive of its
protest, as well as a Waiver of Statute of Limitation,
dated April 17, 1990, where it was indicated that
[petitioner] would only have until April 5, 1991 within
which to asses and collect the taxes that may be found
due from [respondent] after the re-investigation.
On February 9, 1995, [respondent] received from
[petitioner] a Final Notice Before Seizure, dated
December 22, 1994. In said letter, [petitioner]
demanded payment of the subject assessment within
ten (10) days from receipt thereof. Otherwise, failure on
its part would constrain [petitioner] to collect the
subject assessment through summary remedies.
The CTA having rendered judgment dismissing the
petition, [respondent] filed the instant petition
anchored on the argument that [petitioner's] issuance
of the Final Notice Before Seizure constitutes [its]
decision on [respondent's] request for reinvestigation,
which the [respondent] may appeal to the CTA.
The CA considered the final notice sent by petitioner as
the latter's decision, which was appealable to the CTA.
The appellate court reasoned that the final Notice
before seizure had effectively denied petitioner's
request for a reconsideration of the commissioner's
assessment. Thus, petitioner presents for this Court's
consideration the issue.
Issue: Whether or not the Final Notice Before Seizure
dated February 9, 1995 signed by Acting Chief Revenue
Collection Officer Milagros Acevedo against ICC
constitutes the final decision of the CIR appealable to
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the CTA.
Ruling: In the normal course, the revenue district
officer sends the taxpayer a notice of delinquent taxes,
indicating the period covered, the amount due including
interest, and the reason for the delinquency. If the
taxpayer disagrees with or wishes to protest the
assessment, it sends a letter to the BIR indicating its
protest, stating the reasons therefor, and submitting
such proof as may be necessary. That letter is
considered as the taxpayer's request for
reconsideration of the delinquent assessment. After the
request is filed and received by the BIR, the assessment
becomes a disputed assessment on which it must
render a decision. That decision is appealable to the
Court of Tax Appeals for review.
Prior to the decision on a disputed assessment, there
may still be exchanges between the commissioner of
internal revenue (CIR) and the taxpayer. The former
may ask clarificatory questions or require the latter to
submit additional evidence. However, the CIR's position
regarding the disputed assessment must be indicated in
the final decision. It is this decision that is properly
appealable to the CTA for review.
Indisputably, respondent received an assessment letter
dated February 9, 1990, stating that it had delinquent
taxes due; and it subsequently filed its motion for
reconsideration on March 23, 1990. In support of its
request for reconsideration, it sent to the CIR additional
documents on April 18, 1990. The next communication
respondent received was already the Final Notice
Before Seizure dated November 10, 1994.
In the light of the above facts, the Final Notice Before
Seizure cannot but be considered as the commissioner's
decision disposing of the request for reconsideration
filed by respondent, who received no other response to
its request. Not only was the Notice the only response
received; its content and tenor supported the theory
that it was the CIR's final act regarding the request for
reconsideration. The very title expressly indicated that it
was a final notice prior to seizure of property. The letter
itself clearly stated that respondent was being given
"this LAST OPPORTUNITY" to pay; otherwise, its
properties would be subjected to distraint and levy.
Furthermore, Section 228 of the National Internal
Revenue Code states that a delinquent taxpayer may
nevertheless directly appeal a disputed assessment, if
its request for reconsideration remains unacted upon
180 days after submission thereof.
In this case, the said period of 180 days had already
lapsed when respondent filed its request for
reconsideration on March 23, 1990, without any action
on the part of the CIR.
Thus, petition is denied.
18. CIR VS PHILIPPINE GLOBAL COMMUNICATIONS INC
FACTS:
In April 1991, Philippine Global Communication, Inc. (PGCI) filed its annual income tax return (ITR) for the taxable year 1990. A tax audit was subsequently conducted by the Bureau of Internal Revenue (BIR) and eventually a final assessment notice (FAN) was timely issued in April 1994. The FAN demanded PGCI to pay P118 million in deficiency taxes inclusive of surcharge and interest. PGCI was able to file a protest within the reglementary period. PGCI however refused to produce additionalevidence. In October 2002, eight years after the FAN was issued, the Commissioner of Internal Revenue (CIR) issued a final decision denying
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the protest filed by PGCI. PGCI then filed a petition for review with the Court of Tax Appeals (CTA). The CIR filed its answer in January 2003. The CTA ruled that the CIR can no longer collect because it is already barred by prescription. The CIR argued that the prescriptive period has been extended because PGCI asked for a reinvestigation.
ISSUE: Whether or not the CIR is barred by prescription.
RULING:
Yes. Under the law, the CIR has 3 years from the issuance of the FAN to make its collection
Section 269(c) of the Tax Code of 1977, which reads:
Section 269. Exceptions as to the period of limitation of assessment and collection of taxes. – x x x
x x x x
c. Any internal revenue tax which has been assessed within the period of limitation above-prescribed may be collected by distraint or levy or by a proceeding in court within three years following the assessment of the tax.
The law prescribed a period of three years from the date the return was actually filed or from the last date prescribed by law for the filing of such return, whichever came later, within which the BIR may assess a national internal revenue tax.13 However, the law increased the prescriptive period to assess or to begin a court proceeding for the collection without an assessment to ten years when a false or fraudulent return was filed with the intent of evading the tax or when no return was filed at all.14 In such cases, the ten-year period began to run only from the date of discovery by the BIR of the falsity, fraud or omission.
If the BIR issued this assessment within the three-year period or the ten-year period, whichever was applicable, the law provided another three years after the assessment for the collection of the tax due thereon through the administrative process of distraint and/or levy or through judicial proceedings.15 The three-year
period for collection of the assessed tax began to run on the date the assessment notice had been released, mailed or sent by the BIR.
The FAN was issued in April 1994 and so the CIR has until April 1997 to make a collection. Within that period, the CIR never issued a warrant of distraint/levy. Its earliest collection effort was only when it filed an answer to the appeal filed by PGCI. CIR’s answer was filed in January 2003 which was way beyond the three year prescriptive period to collect the assessed taxes.
The CIR cannot invoke that the protest filed by PGCI is in effect a request for reinvestigation. Under the law, a request for reinvestigation shall toll the running of the prescriptive period to collect. However in the case at bar, the protest filed by PGCI is not a request for reinvestigation but rather it was a request for reconsideration. And in such case, it did not suspend the prescriptive period. The protest is a request for reconsideration because PGCI did not adduce additional evidence or documents. PGCI merely sought the CIR to review the existing records on file.
19. FISHWEALTH CANNING CORPORATION vs. COMMISSIONER OF INTERNAL REVENUE- Court of Tax Appeals
FACTS:
Petitioner was assessed for income tax, Value Added Tax and withholding tax. After Court of Tax Appeals issued a Final Decision on Disputed Assessment, Petitioner filed a Letter of Reconsideration with the CIR instead of appealing the same to the Court of Tax Appeals within 30 days. The CIR then issued a Preliminary Collection Letter which prompted the Petitioner to file its Petition with the Court of Tax Appeals. CIR argued that the Petition with the Court of Tax Appeals was filed out of time.
ISSUE:
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Did the filing of a Reconsideration toll the running of the 30-day period to appeal to the Court of Tax Appeals?
HELD:
NO. A Motion for Reconsideration of the denial of the administrative protest does not toll the 30-day period to appeal to the Court of Tax Appeals.
20. LASCONA LAND, CO, INC. VS. CIR
FACTS:
On March 27, 1998, the Commissioner of Internal Revenue (CIR) issued Assessment Notice No. 0000047-93-407 against Lascona Land Co., Inc. (Lascona) informing the latter of its alleged deficiency income tax for the year 1993 in the amount of P753,266.56.
On April 20, 1998, Lascona filed a letter protest, but was denied by Norberto R. Odulio, Officer-in-Charge (OIC), Regional Director, Bureau of Internal Revenue, Revenue Region No. 8,Makati City, in his Letter dated March 3, 1999 which says: we cannot give due course to your request to cancel or set aside the assessment notice issued to your client for the reason that the case was not elevated to the Court of Tax Appeals as mandated by the provisions of the last paragraph of Section 228 of the Tax Code.
On April 12, 1999, Lascona appealed the decision before the CTA alleging that the Regional Director erred in ruling that the failure to appeal to the CTA within thirty (30) days from the lapse of the 180-day period rendered the assessment final and executory.
CTA, in its Decision, nullified the subject assessment. It held that in cases of inaction by the CIR on the protested assessment, Section 228 of the NIRC provided two options for the taxpayer: (1) appeal to the CTA within thirty (30) days from the lapse of the one hundred
eighty (180)-day period, or (2) wait until the Commissioner decides on his protest before he elevates the case.
The CIR moved for reconsideration. It argued that in declaring the subject assessment as final, executory and demandable, it did so pursuant to Section 3 (3.1.5) of Revenue Regulations No. 12-99 dated September 6, 1999 which reads, thus:
If the Commissioner or his duly authorized representative fails to act on the taxpayer's protest within one hundred eighty (180) days from date of submission, by the taxpayer, of the required documents in support of his protest, the taxpayer may appeal to the Court of Tax Appeals within thirty (30) days from the lapse of the said 180-day period; otherwise, the assessment shall become final, executory and demandable.
CTA denied the CIR's motion for reconsideration for lack of merit. It held that Revenue Regulations No. 12-99 must conform to Section 228 of the NIRC. It pointed out that the former spoke of an assessment becoming final, executory and demandable by reason of the inaction by the Commissioner, while the latter referred to decisions becoming final, executory and demandable should the taxpayer adversely affected by the decision fail to appeal before the CTA within the prescribed period. Finally, it emphasized that in cases of discrepancy, Section 228 of the NIRC must prevail over the revenue regulations.
Court of Appeals granted the CIR's petition and set aside the Decision dated January 4, 2000 of the CTA and its Resolution dated March 3, 2000. It further declared that the subject Assessment Notice No. 0000047-93-407 dated March 27, 1998 as final, executory and demandable.
ISSUE:
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Whether the subject assessment has become final, executory and demandable due to the failure of petitioner to file an appeal before the CTA within thirty (30) days from the lapse of the One Hundred Eighty (180)-day period pursuant to Section 228 of the NIRC.
RULING:
NO.
In RCBC v. CIR,[12] the Court has held that in case the Commissioner failed to act on the disputed assessment within the 180-day period from date of submission of documents, a taxpayer can either: (1) file a petition for review with the Court of Tax Appeals within 30 days after the expiration of the 180-day period; or (2) await the final decision of the Commissioner on the disputed assessments and appeal such final decision to the Court of Tax Appeals within 30 days after receipt of a copy of such decision.
In arguing that the assessment became final and executory by the sole reason that petitioner failed to appeal the inaction of the Commissioner within 30 days after the 180-day reglementary period, respondent, in effect, limited the remedy of Lascona, as a taxpayer, under Section 228 of the NIRC to just one, that is - to appeal the inaction of the Commissioner on its protested assessment after the lapse of the 180-day period. This is incorrect.
Therefore, as in Section 228, when the law provided for the remedy to appeal the inaction of the CIR, it did not intend to limit it to a single remedy of filing of an appeal after the lapse of the 180-day prescribed period. Precisely, when a taxpayer protested an assessment, he naturally expects the CIR to decide either positively or negatively. A taxpayer cannot be prejudiced if he chooses to wait for the final decision of the CIR on the protested assessment. More so, because the law and jurisprudence have always contemplated a scenario where the CIR will decide on the protested assessment.
in case of the inaction of the CIR on the protested assessment, while we reiterate − the taxpayer has two options, either: (1) file a petition for review with the CTA within 30 days after the expiration of the 180-day period; or (2) await the final decision of the Commissioner on the disputed assessment and appeal
such final decision to the CTA within 30 days after the receipt of a copy of such decision, these options are mutually exclusive and resort to one bars the application of the other.
Considering that Lascona opted to await the final decision of the Commissioner on the protested assessment, it then has the right to appeal such final decision to the Court by filing a petition for review within thirty days after receipt of a copy of such decision or ruling, even after the expiration of the 180-day period fixed by law for the Commissioner of Internal Revenue to act on the disputed assessments.[17] Thus, Lascona, when it filed an appeal on April 12, 1999 before the CTA, after its receipt of the Letter[18] dated March 3, 1999 on March 12, 1999, the appeal was timely made as it was filed within 30 days after receipt of the copy of the decision.
21. COMMISSIONER OF INTERNAL REVENUE and ARTURO V.
PARCERO in his official capacity as Revenue District Officer of
Revenue District No. 049 (Makati) , petitioners, vs. PRIMETOWN
PROPERTY GROUP, INC. , respondent .
Gilbert Yap of Primetown Property Group, Inc., applied for the refund or credit of income tax respondent paid in 1997 to petitioner RDO Parcero. According to him, because respondent suffered losses, it was not liable for income taxes. Since it paid its quarterly corporate income tax and remitted creditable withholding tax from real estate sales to the BIR, respondent was entitled to tax refund or tax credit.
Respondent submitted additional required documents but its claim was not acted upon. Thus, on April 14, 2000, it filed a petition for review in the CTA. However, the CTA dismissed the petition as it was filed beyond
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the two-year prescriptive period for filing a judicial claim for tax refund or tax credit, invoking Sec. 229 of NIRC. CTA found that respondent filed its final adjusted return on April 14, 1998. According to the CTA, applying Article 13 of the Civil Code, the two-year prescriptive period under Section 229 of the NIRC for the filing of judicial claims was equivalent to 730 days. Because the year 2000 was a leap year, respondent's petition, which was filed 731 days after respondent filed its final adjusted return, was filed beyond the reglementary period.
CA reversed and set aside the decision of the CTA. It ruled that Article 13 of the Civil Code did not distinguish between a regular year and a leap year. The rule that a year has 365 days applies, notwithstanding the fact that a particular year is a leap year. In that, even if the year 2000 was a leap year, the periods covered by
April 15, 1998 to April 14, 1999 and April 15, 1999 to April 14, 2000 should still
be counted as 365 days each or a total of 730 days.
Issue:
WON respondent’s claim was filed beyond the two-year prescriptive period for filing judicial claim for tax refund or tax credit.
Ruling.
The conclusion of the CA that respondent filed its petition for review in the CTA within the two-year prescriptive period provided in Section 229 of the NIRC is correct. Its basis, however, is not. Sec. 31 of EO 292 or the Administrative Code provides that "Year" shall be understood to be twelve calendar months...” A calendar month is "a month designated in the calendar without regard to the number of days it may contain."
There obviously exists a manifest incompatibility in the manner of computing legal periods under the Civil Code and the Administrative Code of 1987. For this reason, we hold that Section 31, Chapter VIII, Book I of the
Administrative Code of 1987, being the more recent law, governs the computation of legal periods. Lex posteriori derogat priori.
Applying Section 31, Chapter VIII, Book I of the Administrative Code of 1987 to this case, the two-year prescriptive period (reckoned from the time respondent filed its final adjusted return on April 14, 1998) consisted of 24 calendar months respondent's petition (filed on April 14, 2000) was filed on the last day of the 24th calendar month from the day respondent filed its final adjusted return. Hence, it was filed within the reglementary period.
22. CIR vs Smart Communication Inc.
Facts:
Respondent entered into three Agreements for Programming and Consultancy Services with Prism Transactive (M) Sdn. Bhd. (Prism), a non-resident corporation duly organized and existing under the laws of Malaysia. On June 25, 2001, Prism billed respondent in the amount of US$547,822.45. Thinking that these payments constitute royalties, respondent withheld the amount of US$136,955.61 or P7,008,840.43, representing the 25% royalty tax under the RP-Malaysia Tax Treaty.. On September 25, 2001, respondent filed its Monthly Remittance Return of Final Income Taxes Withheld (BIR Form No. 1601-F) for the month of August 2001.
On September 24, 2003, or within the two-year period to claim a refund, respondent filed with the Bureau of Internal Revenue (BIR), through the International Tax Affairs Division (ITAD), an administrative claim for refund of the amount of P7,008,840.43.
Lower courts decided in favor of respondent invoking the case of Commissioner of Internal Revenue v. Procter & Gamble Philippine Manufacturing Corporation. Petitioner contends that the cases relied upon by the CTA in upholding respondents right to claim the refund are inapplicable since the withholding agents therein are
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wholly owned subsidiaries of the principal taxpayers, unlike in the instant case where the withholding agent and the taxpayer are unrelated entities. Petitioner further claims that since respondent did not file the claim on behalf of Prism, it has no legal standing to claim the refund. To rule otherwise would result to the unjust enrichment of respondent, who never shelled-out any amount to pay the royalty taxes. Petitioner, thus, posits that the real party-in-interest to file a claim for refund of the erroneously withheld taxes is Prism. He cites as basis the case of Silkair (Singapore) Pte, Ltd. v. Commissioner of Internal Revenue, where it was ruled that the proper party to file a refund is the statutory taxpayer.Finally, assuming that respondent is the proper party, petitioner counters that it is still not entitled to any refund because the payments made to Prism are taxable as royalties, having been made in consideration for the use of the programs owned by Prism.
Issues
The two issues to be resolved are: (1) whether respondent has the right to file the claim for refund; and (2) if respondent has the right, whether the payments made to Prism constitute business profits or royalties.
Held:
The petition is bereft of merit. Withholding agent may file a claim for refund as Sections 204(c) and 229 of the National Internal Revenue Code (NIRC) provide. Pursuant to these sections, the person entitled to claim a tax refund is the taxpayer. However, in case the taxpayer does not file a claim for refund, the withholding agent may file the claim.
Relationship is not required or that the lack of such relation deprives the withholding agent of the right to file a claim for refund. Rather, what is clear is that a withholding agent has a legal right to file a claim for refund for two reasons. First, he is considered a taxpayer under the NIRC as he is personally liable for the withholding tax as well as for deficiency assessments, surcharges, and penalties, should the amount of the tax withheld be finally found to be less than the amount that should have been withheld under law.
Second, as an agent of the taxpayer, his authority to file the necessary income tax return and to remit the tax withheld to the government impliedly includes the authority to file a claim for refund and to bring an action for recovery of such claim.
In this connection, it is however significant to add that while the withholding agent has the right to recover the taxes erroneously or illegally collected, he nevertheless has the obligation to remit the same to the principal taxpayer. As an agent of the taxpayer, it is his duty to return what he has recovered; otherwise, he would be unjustly enriching himself at the expense of the principal taxpayer from whom the taxes were withheld, and from whom he derives his legal right to file a claim for refund.
As to Silkair (Singapore) Pte, Ltd. v. Commissioner of Internal Revenue cited by the petitioner, we find the same inapplicable as it involves excise taxes, not withholding taxes. In that case, it was ruled that 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.
Under the RP-Malaysia Tax Treaty, the term royalties is defined as payments of any kind received as consideration for: (i) the use of, or the right to use, any patent, trade mark, design or model, plan, secret formula or process, any copyright of literary, artistic or scientific work, or for the use of, or the right to use, industrial, commercial, or scientific equipment, or for information concerning industrial, commercial or scientific experience; (ii) the use of, or the right to use, cinematograph films, or tapes for radio or television broadcasting. These are taxed at the rate of 25% of the gross amount.
Under the same Treaty, the business profits of an enterprise of a Contracting State is taxable only in that State, unless the enterprise carries on business in the otherContracting State through a permanent establishment. The term permanent establishment is defined as a fixed place of business where the enterprise is wholly or partly carried on. However, even if there is no fixed place of business, an enterprise of a Contracting State is deemed to have a permanent establishment in the other Contracting State if it carries on supervisory activities in that other State for more than six months in connection with a construction,
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installation or assembly project which is being undertaken in that other State.
In the instant case, it was established during the trial that Prism does not have a permanent establishment in the Philippines. Hence, business profits derived from Prisms dealings with respondent are not taxable.
23. MICHEL J. LHUILLIER PAWNSHOP, INC. vs. CIR, G.R. No. 166786. September 11, 2006
Facts:
This resolution addresses petitioner's motion for reconsideration of the May 3, 2006 Decision of the Court holding that contracts of pledge entered into by pawnshops are subject to DST. We ruled therein that DST is essentially an excise tax; it is not an imposition on the document itself but on the privilege to enter into a taxable transaction of pledge.
Issue:
Whether or not a pawn ticket may be considered as a document subject to DST.
Ruling:
Yes, a pawn ticket may be considered as a document subject to DST.
Section 195 of the NIRC imposes a DST on every pledge regardless of whether the same is a conventional pledge governed by the Civil Code or one that is governed by the provisions of P.D. No. 114. All pledges are subject to DST, unless there is a law exempting them in clear and categorical language. This explains why the Legislature did not see the need to explicitly impose a DST on pledges entered into by pawnshops. These pledges are
already covered by Section 195 and to create a separate provision especially for them would be superfluous.
It is the exercise of the privilege to enter into an accessory contract of pledge, as distinguished from a contract of loan, which gives rise to the obligation to pay DST. If the DST under Section 195 is levied on the loan or the exercise of the privilege to contract a loan, then there would be no use for Section 179 of the NIRC, to separately impose stamp tax on all debt instruments, like a simple loan agreement. It is for this reason why the definition of pawnshop ticket, as not an evidence of indebtedness, is inconsequential to and has no bearing on the taxability of contracts of pledge entered into by pawnshops. For purposes of Section 195, pawnshop tickets need not be an evidence of indebtedness nor a debt instrument because it taxes the same as a pledge instrument. Neither should the definition of pawnshop ticket, as not a security, exempt it from the imposition of DST. It was correctly defined as such because the ticket itself is not the security but the pawn or the personal property pledged to the pawnbroker.
The law is clear and needs no further interpretation. No law on legal hermeneutics could change the fact that the entries contained in a pawnshop ticket spell out a contract of pledge and that the exercise of the privilege to conclude such a contract is taxable under Section 195 of the NIRC.
Moreover, the provisions of the NIRC on DST has recently been amended by R.A. No. 9243. Among the highlights thereof were the amendments to Section 199, which incorporated 12 more categories of documents in addition to the initial two categories exempted from DST. A pawnshop tickets is not one of them. Expressio unious est exclusion alterius. The omission of pawnshop tickets only means that it is not among the documents exempted from DST.
WHEREFORE, the motion for reconsideration is partly GRANTED. The December 29, 2004 Decision of the Court of Appeals in CA-G.R. SP No. 67667 ordering petitioner Michel J. Lhuillier Pawnshop, Inc. to pay
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deficiency documentary stamp tax is AFFIRMED with the MODIFICATION that surcharges and all the interests imposed thereon are DELETED.
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