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In this module, the student is expected to know and understand the patterns of social
struggle and political inferences that shapes the past and present Philippine societal landscape
through agrarian reform, Philippine Constitution, and tax measures.
4. Defend farmers, human rights, and territorial integrity through legal parameters
Lesson 3
NATURE OF TAXATION
Tax is the lifeblood of the government. With many people seeing it as burden than a
contribution, it is one inherent power of the government to wit:
National Taxes
National taxes are taxes inherent and collected by the central/ national government.
These taxes include income, indirect (value-added and percentage taxes), excise and
documentary stamp taxes.
Local Taxes
Local taxes are taxes collected by the local government units as a matter of autonomy
and provided for by the Local Government Code. These taxes include ownership of business
and real property taxes.
GERPH MODULE4. LESSON 2 Legal History and Issues LAEugenio
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HISTORY OF TAXATION IN THE PHILIPPINES:
During the pre-Hispanic Philippines, the archipelago is made up of political units known
as barangay. Each barangay is being led by a datu or rajah and the people are paying tributo
to him for protection. Tributo is also known as buwis or handug. This tributo will soon be
replicated by the Spanish government to the natives from 8-15 reales.
Upon the arrival and conquest of the Spaniards, they imposed burdensome taxes that
prevented Filipinos to be economically stable. The Spanish government collected both public
and ecclessiatic taxes. Even before the colonization, the Roman Catholic Church through
Pope Alexander VI's Bull on December 16, 1501, granted King Ferdinand and Queen Isabella
and their successors the right to collect or retain tithes and other church dues in their overseas
territories. In return, the Spanish government should pay for the expenses of the Roman
Catholic Church in Christianizing the conquered people. This set-up paved way for bloated tax
impositions to the native of the islands.
Under the Spanish rule, there are six (6) headings of taxes as follows:
Every second year a padron de tasas, or tax list, was made up for each cabecer'a and
served as a basis of assessment for two years. This list was practically a census of the tribute-
paying natives, as it gave the names, ages and occupations of the heads of families subject to
the tribute. It had to be vised by the parish priest, who was supposed to compare it with the
parish records and vouch for its correctness.
A sanctorum is also being collected by the church amounting to 5 reales that served as
community fund.
In 1635, donativo de Zamboanga was collected to fund Jolo conquest. Vinta was also
collected in Bulacan 1781 for moro raids.
Cedulas personal was collected since 1884 and recognized as the time-honored tribute.
It is being paid together with a certificate of identification to all residents of the islands. Chinese
were exempted from this since they are paying remontodos e infieles.
Income taxes were also paid under two categories: one is the urban real estate known
as contribucion directa sobre la propriedad urbana; and the industrial tax known as
contribucion directa sobre la industria el comercio, las profesionales y las artes. Bandala was
being collected annually in kind from the percentage of crops.
Polo y servicios or public work service is a mechanism of forced labor by able bodied
men 16-60 years of age to render public works and in shipyards for 40 days. To be exempted,
one must pay an exemption tax called falla equivalent to 1 1/2 reales per day.
Many taxes where imposed by ths Spanish government. The most notable was the
cedula that became the symbol of slavery and were torn during the declaration of Andres
Bonifacio's separation from Spain.
When the American occupation came, there were several tax reforms. Direct taxes were
continued to be collected. The Bureau of Internal Revenue was created in 1904 under the
Reorganization Act 1189 that became the central collecting agency of the Philippines until the
present. It replaced the Contador de Resultas during the Spanish occupation. The said law
also made the following taxable:
Upon the grant of autonomy to the Philippines by virtue of Tydings McDuffie Law and
the enactment of the 1935 Constitution establishing the Commonwealth of the Philippines,
Pres. Manuel Quezon in his message to the Second National Assembly On Revision and
Codification of Tax Laws on March 7, 1939, he insisted his social justice program and
proclaimed that:
"In the Philippines, agriculture has made material progress; commerce and industry
have been given impetus; the wealth and income of the nation have materially increased and
their distribution has been altered; and a new political structure has been erected to meet our
forthcoming responsibilities as a sovereign state. But our tax machinery has remained
unchanged. It is out of line with modern economic concepts; it is not responsive to the
expanding fiscal requirements of the Government; it fails to distribute the tax burden in
proportion to the ability and resources of the different economic classes of the people; and its
administrative features are not abreast with the standards set by progressive nations.
But, with the outbreak of World War II and the Japanese sojourn, reforms were
interrupted. The BIR was merged to Office of Customs and tax laws during the American
period were carried out by President Jose P. Laurel from 1943-1945.
During the liberation and Third Republic tax laws were still based on the American
period. The most significant was a review during Pres. Ramon Magsaysay on the tax system
of the Philippines by passing the Republic Act 2211 in 1959 that created an executive-
legislative tax commission.
President Benigno Aquino III focused on the increase of coverage of taxes levied on
liquor and cigarettes known as Sin Tax.
President Rodrigo Duterte introduced and passed the TRAIN Law or the Tax Reform
Acceleration for Inclusion or Republic Act 10963 that minimized income taxes as its flagship.
What I can Do
2. Why do you think the government still secures loans and enters to built-operate-
transfer scheme for its projects and programs.
Assessment
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