Professional Documents
Culture Documents
Causa
Causa
109
https://central.com.ph/sfsreader/session/0000018745076ed1510da127000d00d40059004a/p/ARZ325/?username=Guest 1/9
4/3/23, 10:46 AM PHILIPPINE REPORTS ANNOTATED VOLUME 058
IMPERIAL, J.:
https://central.com.ph/sfsreader/session/0000018745076ed1510da127000d00d40059004a/p/ARZ325/?username=Guest 2/9
4/3/23, 10:46 AM PHILIPPINE REPORTS ANNOTATED VOLUME 058
110
112
113
114
to pay the tax, another donee inter vivos who did not prove
to be an heir, a legatee, or a donee mortis causa of the
predecessor, would be exempt from such a tax. But as these
are two different cases, the principle of uniformity is
inapplicable to them."
The last question of a procedural nature arising from the
case at bar, which should be passed upon, is whether the
case, as it now stands, can be decided on the merits or
should be remanded to the court a quo for further
proceedings. According to our view of the case, it follows
that, if the gifts received by the appellants were not given
mortis causa, the same would not be subject to the payment
of an inheritance tax and said appellants would have the
right to recover the sums of money claimed by them. Hence
the necessity of ascertaining whether the complaint
https://central.com.ph/sfsreader/session/0000018745076ed1510da127000d00d40059004a/p/ARZ325/?username=Guest 6/9
4/3/23, 10:46 AM PHILIPPINE REPORTS ANNOTATED VOLUME 058
https://central.com.ph/sfsreader/session/0000018745076ed1510da127000d00d40059004a/p/ARZ325/?username=Guest 7/9
4/3/23, 10:46 AM PHILIPPINE REPORTS ANNOTATED VOLUME 058
116
_______________
https://central.com.ph/sfsreader/session/0000018745076ed1510da127000d00d40059004a/p/ARZ325/?username=Guest 8/9
4/3/23, 10:46 AM PHILIPPINE REPORTS ANNOTATED VOLUME 058
https://central.com.ph/sfsreader/session/0000018745076ed1510da127000d00d40059004a/p/ARZ325/?username=Guest 9/9