tio vs vrb

2
TIO VS. VIDEOGRAM REGULATORY BOARD [151 SCRA 208; G.R. No. L-75697; 18 Jun 1987] Facts: The case is a petition filed by petitioner on behalf of videogram operators adversely affected by Presidential Decree No. 1987, “An Act Creating the Videogram Regulatory Board" with broad powers to regulate and supervise the videogram industry. A month after the promulgation of the said Presidential Decree, the amended the National Internal Revenue Code provided that: "SEC. 134. Video Tapes. — There shall be collected on each processed video- tape cassette, ready for playback, regardless of length, an annual tax of five pesos; Provided, That locally manufactured or imported blank video tapes shall be subject to sales tax." "Section 10. Tax on Sale, Lease or Disposition of Videograms. — Notwithstanding any provision of law to the contrary, the province shall collect a tax of thirty percent (30%) of the purchase price or rental rate, as the case may be, for every sale, lease or disposition of a videogram containing a reproduction of any motion picture oraudiovisual program.” “Fifty percent (50%) of the proceeds of the tax collected shall accrue to the province, and the other fifty percent (50%) shall accrue to the municipality where the tax is collected; PROVIDED, That in Metropolitan Manila, the tax shall be shared equally by the City/Municipality and the Metropolitan Manila Commission.” The rationale behind the tax provision is to curb the proliferation and unregulated circulation of videograms including, among others, videotapes, discs, cassettes or any technical improvement or variation thereof, have greatly prejudiced the operations of movie houses and theaters. Such unregulated circulation have caused a sharp decline in theatrical attendance by at least forty percent (40%) and a tremendous drop in the collection of sales, contractor's specific, amusement and other taxes, thereby resulting in substantial losses estimated at P450 Million annually in government revenues. Videogram(s) establishments collectively earn around P600 Million per annum from rentals, sales and disposition of videograms, and these earnings have not been subjected to tax, thereby depriving the Government of approximately P180 Million in taxes each year. The unregulated activities of videogram establishments have also affected the viability of the movie industry.

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TIO VS. VIDEOGRAM REGULATORY BOARD [151 SCRA 208; G.R. No. L-75697; 18 !" 1987#Facts: Thecaseisapetitionfiledbypetitioner onbehalf of videogramoperatorsadversely affected by Presidential Decree No. 1987, n ct !reating the"ideogram #eg$latory %oard& 'ith broad po'ers to reg$late and s$pervise thevideogram ind$stry.monthafter theprom$lgationof thesaidPresidential Decree, theamendedtheNational (nternal #even$e !ode provided that)&*+!. 1,-. "ideoTapes. .Thereshall becollectedoneachprocessedvideo/tapecassette, ready for playbac0, regardless of length, an ann$al ta1 of five pesos2 Provided,That locally man$fact$red or imported blan0 video tapes shall be s$b3ect to sales ta1.&&*ection 14. Ta1 on *ale, 5ease or Disposition of "ideograms. . Not'ithstanding anyprovision of la' to the contrary, the province shall collect a ta1 of thirty percent 6,478of thep$rchasepriceor rental rate, asthecasemaybe, for everysale, leaseordisposition of a videogram containing a reprod$ction of anymotion pict$re ora$diovis$al program.9:ifty percent 6;478 of the proceeds of the ta1 collected shall accr$e to the province,andtheother fiftypercent 6;478shall accr$etothem$nicipality'heretheta1iscollected2 P#$estion that p$blic 'elfare is at bottom of its enactment, considering &the $nfaircompetition posed by rampant film piracy2 the erosion of the moral fiber of the vie'ingp$blicbro$ght abo$t bytheavailabilityof $nclassifiedand$nrevie'edvideotapescontaining pornographic films and films 'ith br$tally violent se>$ences2 and losses ingovernment reven$es d$etothedropintheatrical attendance, not tomention thefact that the activities of video establishments are virt$ally $nta1ed since mere paymentof =ayor@spermit andm$nicipal licensefeesarere>$iredtoengageinb$siness.& CE+#+: