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Assignment November 11, 2013
Assignment November 11, 2013
COLLEGE OF LAW
TAXATION 1
ASSIGNMENT FOR NOVEMBER 11, 20131
I. Definition of Taxation
1.
B. Theories on Taxation
1. Necessity Theory
10. Phil. Guaranty Co., Inc. vs. Commissioner, 13 SCRA 775
11. CIR vs. BPI, GR No. 134062, April 17, 2007
12. NPC vs. Cabanatuan, GR No. 149110, April 9, 2003 --- same as # 2
2. Benefits Protection Theory
13. CIR vs. Algue, Inc., 158 SCRA 9 --- same as # 5
C. Liabilities Involved
III. Characteristics of the states power to tax
A. Taxation as an inherent attribute of sovereignty
14. Mactan Cebu International Airport Authority vs. Marcos, 261 SCRA 667 (1996)
15. Pepsi Cola Bottling Company of the Philippines, Inc. vs. Municipality of Tanauan, Leyte,
69 SCRA 460
B. Taxation as Legislative in Character
IV. Aspects, Processes, Phases of Taxation
A. Levy/Imposition
16. Tolentino vs. Sec. of Finance, 235 SCRA 630
A.1. Scope of the legislative power to tax
1. Discretion as to purposes for which taxes shall be levied
17. Lutz vs. Araneta, 98 Phil 148
2. Discretion as to the subjects of taxation
1
Refer to the list of references on the last page of this assignment. Read the cases in the original.