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BENJAMIN GOMEZ vs. ENRICO PALOMAR, in his capacity as Postmaster General; HON.

in his capacity as Secretary of Public Works and Communications and DOMINGO GOPEZ, in his capacity as Act-
ing Postmaster of San Fernando, Pampanga
G.R. No. L-23645
October 29, 1968

RA 1635 or the Anti-Tuberculosis Stamp Law, as amended, was enacted to help raise funds for the Philippine Tuberculosis
Society. An additional amount of five centavos on every face of the semi-postal stamp was implemented for such purpose
(except for newspapers). No mail matter would be accepted in the mails unless it bore such semi-postal stamps. The
proceeds raised will constitute a special fund with the National Treasury for the PTS. The Postmaster General, in imple-
mentation of the law, thereafter issued four administrative orders with the approval of the Secretary of Public Works and
Communications. (You may leave this out: background info on RA 1635 only, as found in this case)

Benjamin Gomez mailed a letter at the post office in San Fernando, Pampanga. However, it was returned to him because
his letter did not bear the special anti-TB stamp required by RA 1635.

Gomez filed a suit for declaratory relief in the CFI of Pampanga, testing the constitutionality of RA 1635 and the imple-
menting AO’s issued, contending that it violates the equal protection clause of the Constitution and the rule of uniformity
and equality of taxation because it constitutes mail users into a class for the purpose of the tax while leaving the rest of
the population untaxed and that among postal patrons RA 1635 discriminatorily grants exemption to newspapers while
Administrative Order 9 of the Postmaster General grants an exemption to offices performing governmental functions. He
avers that statutory classification of mail users must bear some reasonable relationship to the end sought to be attained,
and that absent such relationship the selection of mail users is constitutionally impermissible, as in this case. CFI then
declared the statute and the orders unconstitutional.

Whether or not RA 1635 violates the equal protection clause of the Constitution.

No. The five centavo charge levied by RA 1635, as amended, is in the nature of an excise tax, laid upon the exercise of a
privilege: the privilege of using the mails. Legislature has the inherent power to select the subjects of taxation and to grant
exemptions. This power has aptly been described as "of wide range and flexibility.” In taxation, the legislature possesses
the greatest freedom in classification because traditionally, classification has been a device for fitting tax programs to local
needs and usages in order to achieve an equitable distribution of the tax burden.
"While the principle that there must be a reasonable relationship between classification made by the legislation and its
purpose is undoubtedly true in some contexts, it has no application to a measure whose sole purpose is to raise revenue.
So long as the classification imposed is based upon some standard capable of reasonable comprehension, be that stand-
ard based upon ability to produce revenue or some other legitimate distinction, equal protection of the law has been af-
forded.” (Commonwealth v. Life Assurance Co.)

The classification of mail users is reasonable. It is based on ability to pay, the enjoyment of a privilege, and on administra-
tive convenience. In the allocation of the tax burden, Congress must have concluded that the contribution to the anti-TB
fund can best be assured by those who can afford the use mails. The classification is also based on considerations of
administrative convenience. The principle of law that "considerations of practical administrative convenience and cost in
the administration of tax laws afford adequate grounds for imposing a tax on a well recognized and defined class.” Mail
users were already a class by themselves even before the enactment of the statute and all that the legislature did was
merely to select their class. Legislation is essentially empiric and RA 1635, as amended, only reflects a distinction that
already exists.

Granted the power to select the subject of taxation, the State's power to grant exemption is a necessary corollary. Tax
exemptions are common in the law. Legislature may withhold the burden of the tax to foster what it conceives to be a
beneficent enterprise as in the case of newspapers which, under the RA 2631, are exempt from the payment of the addi-
tional stamp.

The exemption of the Government and its instrumentalities rests on the State's sovereign immunity from taxation. The
State cannot be taxed without its consent and such consent, being in derogation of its sovereignty, is to be strictly con-
strued. Administrative Order 9 of the Postmaster General is just a restatement of this well-known principle of constitutional

The eradication of a dreaded disease is a public purpose. It is sufficient to say that the only benefit to which the taxpayer
is constitutionally entitled is that derived from his enjoyment of the privileges of living in an organized society, established
and safeguarded by the devotion of taxes to public purposes. The most fundamental principle of the government is that it
exists primarily to provide for the common good.

The rule of uniformity and equality of taxation is not infringed by the imposition of a flat rate rather than a graduated tax. A
tax need not be measured by the weight of the mail or the extent of the service rendered. We have said that considerations
of administrative convenience and cost afford an adequate ground for classification. The same considerations may induce
the legislature to impose a flat tax which in effect is a charge for the transaction, operating equally on all persons with the
class regardless of the amount involved.

PTS is not really the beneficiary but merely the agency through which the State acts in carrying out what is essentially a
public function. The money is treated as a special fund and as such need not be appropriated by law.