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GENERAL PRINCIPLES
Concept, Nature and Characteristics of 2. It is proportionate in character;
Taxation and Taxes 3. It is generally payable in money;
4. It is levied on persons or property; Page | 1
5. It is levied by the State which has jurisdiction
Q1.What is taxation? over the person or property;
6. It is levied by the law-making body; and
Taxation is the power by which the sovereign raises 7. It is levied for public purpose or purposes
revenue to defray the expenses of government. It is a
way of apportioning the cost of government among Q1.4. What is the lifeblood theory?
those who is some measure are privileged to enjoy
its benefits and must bear its burden. According to this theory, the existence of government
is a necessity; it cannot exist nor endure without the
Q1.1. What is the rationale of taxation? means to pay its expenses; and for those means, the
government has the right to compel all its citizens
In CIR VS. ALGUE [158 SCRA 9], the Supreme Court and property within its limits to contribute in the form
stated that taxes are what we pay for civilized of taxes.
society. Hence, despite the natural reluctance to
surrender part of one’s hard-earned income, every Taxes are the lifeblood of the government and so
person who is able must contribute his share in the should be collected without unnecessary hindrance.
running of the government and the latter, for its part, On the other hand, such collection should be made in
is expected to respond in the form of tangible and accordance with law as any arbitrariness will negate
intangible benefits intended to improve the lives of the very reason for government itself. It is therefore
the people and enhance their moral and material necessary to reconcile the apparently conflicting
values. This symbiotic relationship is the rationale of interests of the authorities and the taxpayers so that
taxation and should dispel the erroneous notion that it the real purpose of taxation, which is the promotion of
is an arbitrary method of exaction by those in the seat the common good, may be achieved. (CIR VS. ALGUE
of power [158 SCRA 9]).
Taxation is a necessary burden to preserve the The lifeblood theory states that an assessment of a
States sovereignty and to allow the State to protect tax is enforceable despite it being contested because
the citizenry and provide them with services. of the urgency to collect taxes, this being the
(PHILIPPINE GUARANTY V. CIR [13 SCRA 775]) government’s primary source of revenue (CIR V.
CEBU PORTLAND [156 SCRA 535]).
Q1.2. What is the benefits-received
principle? Q1.4.1 Where is the application of the
lifeblood theory manifested?
According to this principle, the basis of taxation is
found in the reciprocal duties of protection and It is illustrated in the following cases:
support between the State and its inhabitants. In
return for his contribution, the taxpayer receives the 1. The prohibition against set-off of taxes [see
general advantages and protection which the Section 204(C), NIRC]
government affords the taxpayer and his property. 2. The prohibition against the issuance of an
injunction to restrain the collection of taxes
Q1.3. What are the essential 3. Presumption of correctness of assessments
characteristics of a tax?
In CIR V. CEBU PORTLAND [156 SCRA 535], the
The essential characteristics of a tax are: taxpayer argued that that the deficiency assessment
1. It is a enforced contribution;
This reviewer is a compilation of personal notes in Taxation One and notes and lectures from Atty. Gruba and Atty. Montero. References have
also been made to the following books: DE LEON & DE LEON, J R. THE FUNDAMENTALS OF TAXATION (2012); DE LEON & DE LEON, JR.
COMPREHENSIVE REVIEW OF TAXATION (2010); VITUG & ACOSTA. T AX LAW AND JURISPRUDENCE (2006); DOMONDON, TAXATION VOLUME 1
GENERAL PRINCIPLES (2009); CO-UNTIAN, JR. TAX DIGEST (2009); and MAMALATEO, REVIEWER ON TAXATION (2008).
Possessors are granted the right to reproduce and distribute this reviewer as well as the right to convert the work to any medium for the
purpose of preservation and/or continued distribution provided that the author’s name remains clearly associated with the work and that no
alterations of the form and content are made.
PM REYES NOTES ON TAXATION I:
GENERAL PRINCIPLES
cannot be enforced because it is still being contested. Q1.4.2 What is the exception to the
The Supreme Court held that this argument loses prohibition on the issuance of an
sight of the urgency of the need to collect taxes as injunction to restrain the collection of
the lifeblood of the government. If the payment of taxes?
taxes could be postponed by simply questioning heir
validity, the machinery of the state would grind to a
An injunction may be issued to restrain the collection
halt and all government functions would be
of taxes “when in the opinion of the Court the
paralyzed.
collection may jeopardize the interest of the
Government and/or the taxpayer, the Court at any
In PHILIPPINE G UARANTY V. CIR [13 SCRA 775], the
stage of the proceeding may suspend the said
Supreme Court stated that the requirement that the
collection and require the taxpayer either to deposit
withholding agent should withhold the
the amount claimed or to file a surety bond for not
tax before addressing a query to the Commissioner
more than double the amount with the Court.”
of Internal Revenue is not without meaning for it is in
(Section 11, RA 1125, as amended by RA 9282).
keeping with the general operation of our tax laws:
payment precedes defense. Likewise, validity of a tax
In resolving the issue of whether the CTA may issue
cannot be assailed until after the taxpayer has paid
writs of injunction to enjoin the CIR from collecting
the tax under protest. By questioning a tax’s legality
taxes due in the exercise of its original jurisdiction,
without first paying it, a taxpayer, in collusion with
the Supreme Court held in CIR VS. J.C. YUSECO that
BIR officials, can unduly delay, if not totally evade,
nowhere does the law vest in the CTA original
the payment of such tax.
jurisdiction to issue writs of prohibition or injunction
independently of, and apart from, an appealed case.
In CIR v. CTA [234 SCRA 348], the Supreme Court
The writ of prohibition or injunction that it may issue
held that government cannot and must not be
to suspend the collection of taxes, is merely ancillary
stopped in matters involving taxes as “they are the
to and in furtherance of its appellate jurisdiction.
lifeblood of the nation through which the government
Taxes being the chief source of revenue for the
agencies continue to operate and with which the
government to keep it running, must be paid
State effects its functions for the welfare of its
immediately and without delay. A taxpayer who feels
constituents.
aggrieved by a decision of a revenue officer and
appeals to the CTA must pay the tax assessed,
In PHILIPPINE NATIONAL OIL COMPANY VS. CA [457
except if the CTA opines that collection would
SCRA 32], the Supreme Court held that the
jeopardize the interest of the Government and/or
Government cannot be estopped from collecting
taxpayer, it could suspend the collection and require
taxes by the mistake, negligence, or omission of its
the taxpayer to deposit the amount claimed or to file
agents. Upon taxation depends the Government’s
a bond
ability to serve the people for whose benefit the taxes
are collected. Neglect or omission of government
officials entrusted to collect taxes should not be Q1.5. What are the aspects of taxation
allowed to bring harm or detriment to the people. (three stages of taxation)?
The three stages or aspects of taxation are:
In SEC. OF FINANCE VS. ORO MAURA SHIPPING LINES
[593 SCRA 14], the Supreme Court opined that
1. Levy – This refers to the enactment of a law by
assuming further that MARINA merely committed a
Congress imposing a tax
mistake in approving the vessel’s proposed cost and
2. Assessment and collection – This is the act of
that the Collector of the Port of Manila similarly erred,
administration and implementation of the tax law
we reiterate the legal principle that estoppel generally
by the executive department through the
finds no application against the State when it acts to
administrative agencies
rectify mistakes, errors, irregularities, or illegal acts of
3. Payment – This is the act of compliance by the
its officials and agents irrespective of rank. The rule
taxpayer
holds true even if the rectification prejudices parties
who had meanwhile received benefits.
Q1.7. What are the non-revenue (or The power of taxation is inherent in the State, being
sumptuary) objectives of taxation? an attribute of sovereignty. The power to tax is an
incident of sovereignty and is unlimited in its range,
1. Taxation can strengthen anemic enterprises; acknowledging in its very nature no limits, so that
2. Taxes may be increased in period of prosperity to security against abuse is to be found only in the
curb spending power and halt inflation and responsibility of the legislature which imposes the tax
lowered in periods of slump to expand business on the constituency who are to pay it. (MACTAN CEBU
and ward off depression INTERNATIONAL AIRPORT AUTHORITY VS. MARCOS [261
3. Taxes on imports may be increased to protect SCRA 667])
local industries
4. Taxes on imported goods may be used as a The power of taxation can exist apart from
bargaining tool by a country by setting trarrif rates constitutions and without being expressly conferred
first at a relatively high level before trade by the people. It can be exercised by the government
negotiations even if the Constitution is entirely silent on the
subject
1 2. Legislative in character
The petitioner asserted that the substantiation requirements for
claiming the input VAT were impractical and incapable of
implementation as in order to claim input VAT, the name, address The power of taxation is essentially a legislative
and TIN of the toll way user must be indicated in the VAT receipt or function. Taxation is an attribute of sovereignty. It is
invoice. In addition, the rounding off of the toll rate and putting the the strongest of all powers of the government. There
excess collection in an escrow is illegal while the giving of the
change to meet the exact toll rate would be a logistical nightmare. is a presumption in favor of legislative determination.
As a general rule, the power to tax is purely 1. nature (kind of tax to be collected);
legislative and it cannot be delegated. 2. object (purpose for which the tax shall be levied);
3. extent (amount or rate of tax to be collected);
As exceptions, delegation is allowed in the following 4. coverage (the persons, property or occupation to
cases: be taxed);
5. apportionment of the tax (general or limited to a
a. Local governments in respect of matters of local particular locality or partly general or partly local);
concern to be exercise by the local legislative 6. method of collection; and
bodies (see Sec. 5, Article 10, 1987 7. situs (place) of taxation.
Constitution)
Q2.2. Differentiate the power to tax from
Note, however, that a municipal corporation has police power and the power of
no inherent right to impose taxes. Its power to tax eminent domain.
must always yield to a legislative act which is
superior having been passed by the state itself
which has the inherent power to tax. (see BASCO TAXATION EMINENT POLICE
DOMAIN POWER
VS. PAGCOR [197 SCRA 52)
Authority Only by the May be Only by
b. When allowed by the Constitution. Thus, the who government exercised by government or
Congress may, by law, authorize the President to exercises the or its political government or its political
power subdivisions political subdivisions
fix within specified limits and subject to such
subdivisions
limitations and restrictions as it may impose, tariff AND granted
rates, import and export quotas, tonnage and to public
wharfage dues, and other duties or imposts utilities
within the framework of the national development Purpose The property The property The use of the
is taken for is taken for properly is
program of the Government (see Sec. 28(2), the support of public use and regulated for
Article 6, 1987 Constitution) the must be promoting the
National Taxes Taxes levied by the National In CIR v. PLDT [478 SCRA 61]), the Supreme Court
Government (e.g. national distinguished direct taxes from indirect taxes by
internal revenue taxes) stating that direct taxes are those that are extracted
Local Taxes Taxes levied by the local from the very person who, it is intended or desired,
governments subject to such should pay them while indirect taxes are those that
guidelines and limitations as are demanded, in the first instance, from, or are paid
the Congress may provide by, one person in the expectation and intention that
(e.g. real estate tax) he can shift the burden to someone else.
2
A special assessment is a demand for contribution to help defray
the cost of improvement on real property owners of a particular
locale directly benefited by such improvement.
Q4.8.1 What are the three types of license No. In the case of license fees for non-useful
fees? occupations, wider discretion in fixing the amount is
given to municipal corporations and the exaction may
The three types of license fees are: be very large without necessarily being a tax. This is
so because municipal corporations are authorized to
1. License for the regulation of useful occupation or enact ordinances to provide for the health and safety
enterprises and promote the morality, peace and general welfare
2. License for the regulation or restriction of non- of its inhabitants. Thus, in the case of PHYSICAL
useful occupation or enterprises T HERAPY ORGANIZATION OF THE PHILIPPINES V.
3. License for revenue only3 MUNICIPAL BOARD OF THE CITY OF MANILA [101 PHIL.
1142], the Supreme Court found the imposed license
(See VICTORIAS MILLING CO. VS. CIR [22 SCRA 13]) fee as reasonable as the practice of hygienic and
aesthetic massage not as a useful and beneficial
Q4.8.2 What is the importance of occupation which will promote and is conducive to
determining whether a particular public morals.
imposition is a tax or a license
fee?
Q5.How do you determine if an imposition is
a tax or a (regulatory) fee?
It is necessary because some limitations apply only
to one and not to the other, and for the reason that
In determining whether an imposition is a tax or a
exemption from taxes may not include exemption
from license fees. regulatory fee, one must inquire into the following:
Q4.8.3 What is a license tax and how do 1. The purpose of the imposition
you distinguish it from a license 2. The amount of the exaction
fee? 3. The designation
4 5
In a turn key contract, the contractor is entrusted to design, As a general rule, taxes must only be imposed prospectively. As
construct, commission and handover the project to the employer in an exception, taxes may be imposed retroactively if the law
a completed state. expressly provides.
Q7.What are the direct constitutional Q8.1. How is the “due process” clause
provisions on the power to tax? applied to taxation?
The direct constitutional provisions on taxation are: In PEPSI-COLA BOTTLING COMPANY VS. MUNICIPALITY
OF T ANAUAN, LEYTE [69 SCRA 460], the Supreme
1. Non-imprisonment for non-payment of poll-tax Court held that taking of property without due process
(Article 3, Sec. 20) of law may not be passed over under the guise of
2. The rule which requires that revenue, taxing power, except when the latter is exercised
appropriation and tariff bills shall originate lawfully as when:
exclusively in the House of Representatives
(Article 6, Section 24) 1. the tax is for a public purpose;
3. Uniformity, equitability and progressivity of 2. the rule on uniformity of taxation is observed;
taxation (Article 6, Section 28, par. 1). 3. either the person or property taxed is within the
4. Limitations in congressional power to delegate to jurisdiction of the government levying the tax; and
the president the authority to fix tariff rates, 4. in the assessment and collection of taxes notice
import and export quotas, etc (Article 6, Section and opportunity for hearing are provided.
28, par. 2)
5. Tax exemption of properties actually, directly, (ii) Uniformity, Equitable, and
and exlusively used for religious, charitable and Progressive
educational purposes (Article 6, Section 28,
par. 3)
Q8.2. What is meant by “uniformity”?
6. Voting requirement in connection with the
legislative grant of tax exemption (Article 6,
Section 28, par. 4) Uniformity requires that all subjects or objects of
7. The provision which mandates that money taxation similarly situated are to be treated alike or
collected on a tax levied for a public purpose put on equal footing both in privileges and liabilities
shall be paid out for such purpose only (Article 6, (SISON V. ANCHETA [130 SCRA 654]; see also CIR V.
Section 29, par. 3) LINGAYEN GULF [164 SCRA 27])
8. Non-impairment of the Supreme Court’s
jurisdiction in tax cases (Article 8, Sec. 5, par.
2(b)) Q8.3. How does the principle of
9. Power of local governments to create its own “uniformity” relate to the equal
souces of revenue and to levy axes subject to protection clause?
Congressional limitations (Article 10, Section 6)
10. Exemption from taxes of the revenues and assets The test of uniformity Is based on the requisites for a
of educational institutions including grants, valid classification under the equal protection clause.
endowments, donations or contributions. (Article As held in SISON V. ANCHETA [130 SCRA 654],
16, Section 4, par. 3) uniformity of taxation is quite similar to the standard
of equal protection.
Q8.What are the general (indirect)
constitutional provisions on the power to Under the equal protection clause, for a classification
tax? to be valid, it must:
Not necessarily. In JOHN HAY V. LIM [414 SCRA 356], Q8.3.4. Does RR 17-99 (implementing RA
at issue was the extension of benefits given to the 8240 but applying the higher tax
Subic SEZ under RA 7227 to the John Hay SEZ via a rule on the January 1, 2000
proclamation, the Supreme Court ruled that tax increase)7 violate the equal
exemptions must be strictly and expressly provided protection clause?
for and that the power to grant exemption is only
within Congress. The same rationale was used with Yes. In CIR v. FORTUNE T OBACCO [658 SCRA 289],
respect to locators in the Clark SEZ in the case of the Supreme Court ruled that the higher tax rule only
COCONUT OIL REFINERS ASSOCIATION V. T ORRES [465 applies on the transition period. To implement the
SCRA 48]. higher tax rule on the January 1, 2000 increase
would violate the rule of uniformity since brands
The implication of these two cases is that special belonging to the same category would be imposed
economic zones can have different tax incentives. with different tax rates.
However, it must be noted that by virtue of RA 9400,
the same incentives have been granted to Clark, Q8.3.5. Does the adoption of a gross
John Hay, Poro Point and Morong SEZs. system of income taxation to
compensation income and a
Q8.3.2. Does the Attrition Law (RA 9335), system of net income taxation as
which gives incentives to BOR/BOC regards professional and
employees, violate the equal business income violate the rule
protection clause? on uniformity?
No. In ABAKADA GURO PARTY-LIST V. PURISIMA [562 No. In SISON V. ANCHETA [130 SCRA 654], the
SCRA 251], the Supreme Court held that there was Supreme Court noted that taxpayers who are
no violation of the equal protection clause. The equal recipients of compensation income have practically
protection clause recognizes a valid classification,
6
that is, a classification that has a reasonable Under the classification freeze scheme, after a brand of cigarette
is classified based on its current net retail price, the classification is
foundation or rational basis and not arbitrary. The
frozen and only Congress can thereafter reclassify the same.
subject of the Attrition Law was revenue generation Under this scheme, it would be possible that over time the net
and collection of the BIR and BOC, thus, the retail price of a previously classified brand would increase to a
incentives and sanctions should logically pertain to point that its net retail price pierces tha tax bracket to which it was
previously classified byt nonetheless it would still be subject to the
them and not to other government agencies. This has excise tax rate under the lower tax bracket.
been reiterated in the recent case of BOCEA V. 7
RA 8240 which took effect January 1, 1997 provides for a shift
T EVES [G.R. 181704, DEC. 6, 2011]. from ad valorem taxes to specific taxes on cigarettes. The law
provided that (1) the specific tax due from any brand of cigarette
within 3 years shall not be lower than the tax due before the new
law (higher tax rule) and (2) the specific tax rate shall be increased
by 12% on January 1, 2000. In effect, what RR 17-99 did was to
implement the higher tax rule for the January 1, 2000 increase.
Q9.1. Is a tax exemption embodied in a The exemption provided for under Article VI, Section
legislative franchise a contractual 28 pertains only to real property taxes (LLADOC V.
CIR [14 SCRA 292]).
tax exemption (such that it impairs
the obligations of contracts when Under Article XIV, Section 4(3), all revenues and
revoked)? assets of non-stock, non-profit educational
institutions used actually, directly, and exclusively for
No. As held in PROVINCE OF MISAMIS ORIENTAL V. educational purposes shall be exempt from taxes and
CAGAYAN ELECTRIC [181 SCRA 38], a franchise does duties.
not take the nature of a contractual tax exemption,
which cannot be revoked without impairing the Q11.1. If a hospital also admits paying
obligations of contracts. A legislative franchise can be patients, does it lose its character
withdrawn through amendment or repeal. (see also
as a charitable institution?
CAGAYAN ELECTRIC POWER V. CIR [138 SCRA 629];
LEALDA ELECTRIC V. CIR [7 SCRA 928].)
No. In CIR V. BISHOP OF MISSIONARY DISTRICT [14
SCRA 991], the Supreme Court held that the
admission of pay patients does not detract from the
(iii) Taxation of Special Entities charitable character of a hospital if its funds are
devoted exclusively to the maintenance of the
Q10. A municipality passed an ordinance institution as a public charity (see also HERRERA V.
which imposes a tax on the sale of QCBAA [3 SCRA 186])
bibles. Is the ordinance valid?
In LUNG CENTER OF THE PHILIPPINES V. QUEZON CITY
No. As held in AMERICAN BIBLE SOCIETY VS. CITY OF [433 SCRA 119], the Supreme Court stated that, as a
MANILA [101 SCRA 386], the municipal ordinances general principle, a charitable institution does not
imposing a tax on the sale of bibles were declared lose its character as such and its exemption from
unconstitutional as it would impair the free exercise taxes simply because it derives income from paying
and enjoyment of its religious profession and patients , whether out-patient or confined in the
hospital or receives subsidies from the government,
as long as the money received is devoted or used
9 altogether to the charitable object which it is intended
To impair an obligation of a contract is to alter or change the
terms or effect of the contract and thus in contemplation of the law to achieve, and no money inures to the private
weaken the position or rights of one or all of the parties to it. A law benefit of the persons managing or operating the
which changes the terms of a contract by making new conditions institution.
or changing those in the contract or dispenses with those
expressed impairs its obligations.
Q18. How are tax statutes construed and Hence, in resolving the issue of whether a statute
favorable to a taxpayer-heir can be given retroactive
interpreted?
effect, the Supreme Court held in LORENZO VS.
POSADAS [64 PHIL. 353] that inheritance taxation is
Tax statutes are construed liberally in favor of the
governed by the statute in force at the time of the
taxpayers and strictly against the taxing authority.
death of the decedent, unless the language of the
statute clearly demands or expresses that it shall
Q18.1. What is the basis for applying the rule have a retroactive effect which is not the case. And
of liberal construction as to tax such Revenue laws are not to be classed penal laws,
statutes? so even if favorable, should not be given retroactive
effect.
Generally, yes. However, as provided in Section 246 Q20.1.1. Is the failure of a taxpayer to
of the NIRC, rulings and circulars, rules and consult the BIR before relying
regulations promulgated by the CIR would have no on a BIR Ruling imply bad
retroactive application if to so apply them would be faith on the part of the former?
prejudicial to the taxpayers
No. In CIR V. CA [267 SCRA 557], the Supreme
In CIR V. CA [267 SCRA 557], the taxpayer relied and Court in resolving the argument that failure to consult
implemented a computation by virtue of a BIR Ruling. with the BIR amounted to bad faith opined that such
The said issuance was later reversed in a failure does not imply bad faith especially when the
subsequent BIR Ruling. The Supreme Court held that BIR Ruling relied upon was clear and categorical
the later BIR ruling cannot be given retroactive leaving no room for interpretation.
application as such would be prejudicial to the
taxpayer. The same doctrine was applied in the case Exemption from Taxation
of ABS-CBN V. CTA [108 SCRA 143] with regard to
its reliance on a Memorandum Circular on the Q21. What is a tax exemption?
withholding of taxes on film rentals which was
revoked by a subsequent memorandum circular. A tax exemption is defined as a grant of immunity,
express or implied, to particular persons or
Q20.1. When can BIR issuances be given corporations from the obligation to pay taxes.
retroactive application even if such
would be prejudicial to taxpayers? Q21.1. Who has the power to grant tax
exemptions?
Section 246 of the NIRC provides for the following
exceptions: Both the power to tax and to exempt certain persons
are vested in the legislature. In particular, Article VI,
1. Where the taxpayer deliberately misstates or Section 28 of the Constitution provides that “No law
omits material facts from his return or any granting any tax exemption shall be passed without
document required of him by the BIR; the concurrence of a majority of all the Members of
2. Where the facts subsequently gathered by the the Congress.”
BIR are materially different from the facts on
which the ruling is based; or Since municipal corporations do not have the
3. Where the taxpayer acted in bad faith. inherent power to tax, they also have no inherent
power to grant exemptions from taxation.
Jurisprudence also provides for another exception. In
PBCOM V. CIR [302 SCRA 241], The Supreme Court
Q21.2. What is the rationale behind
opined that the non-retroactivity of rulings by the CIR
is inapplicable where the nullity of the issuance was tax exemptions?
declared by the Courts and not by the CIR.
Tax exemptions are given because:
In BIR RULING NO. 370-2011, the issue was whether
RCBC is liable to pay the final withholding tax on 1. Public interest will be served by the exemption
interest income realized from the purchase of PEAce allowed; and
13 2. Such public benefit or interest is sufficient to
Bonds. Relying upon previous BIR Rulings in 2001,
RCBC paid no final tax upon the issuance of the offset the monetary loss entailed in the grant of
bonds. However, the rulings were all reversed by a the exemption
BIR Ruling in 2004. RCBC invoked the non-
retroactivity principle of BIR Rulings. The Supreme Q21.3. What are the grounds of tax
Court in resolving this matter stated that the non- exemption?
retroactivity principle does not apply when the ruling
Tax exemption may be based on:
13
Poverty Eradication and Alleviation Certificate (PEAce) Bond
Q21.10.1. Is there an exception to the The basis for applying the rule of strict construction to
above doctrine? statutory provisions granting tax exemptions or
deductions, even more obvious than with reference to
Yes. The exemption cannot be withdrawn if the the affirmative or levying provisions of tax statutes, is
exception was granted to private parties based on to minimize differential treatment and foster
material consideration of a mutual nature, which then impartiality, fairness, and equality of treatment among
becomes contractual and thus covered by the non- tax payers.
impairment clause of the Constitution (MCIAA V.
MARCOS [261 SCRA 667]). Q21.11.2. What is the precondition that
must be met before one can
Q21.11. How are tax exemptions apply the principles of tax
construed and interpreted? exemption?
As held in the case of QUEZON CITY V. ABS-CBN [567 Before applying the principles of tax exemption,
SCRA 495], statutes granting tax exemptions are doctrine of strict interpretation must first be applied.
construed stricissimi juris against the taxpayer and There must first be a determination who are covered
liberally in favor of the taxing authority. He who by the tax statute before a determination of who are
claims an exemption from his share of common exempted.
Q27. What are the requisites of a taxpayer’s Q29. Are taxes imprescriptible?
suit?
As a general rule, taxes are imprescriptible.
As laid down in ANTI-GRAFT LEAGUE V. SAN JUAN However, as an exception, the tax law may provide
[260 SCRA 251], the requisites of a taxpayer’s suit otherwise.
are:
15
Under Article 2154 of the Civil Code, solutio indebiti arises when
something has been received when there was no right to demand
it and the same was unduly delivered through mistake.