Professional Documents
Culture Documents
DECIS ION
The Case
1
Before the Court is a Petition for Review, filed by petitioner Hi-Stakes
Gaming Incorporated against respondent Commissio ner of Internal Revenue
("CIR"), seeking the reversal of the Decision rendered by respondent holding
petitioner liable for deficiency corporate income tax covering taxable year
201 1 in the amount of P6,539,087 .94, inclusive of interest, surcharge, and
compromise penalty. 2
The Parties
1
See Petition for Review, Records pp. 6-26.
Pre-Trial O rder, id., pp. 262-268.
Ibid.
DEC'ISION
C l A Case o. 10 172
Page 2 of II
matters
fees, or other charges, penalties imposed in relation thereto, or other
arisin g under the Natio nal Inter nal Reve nue Code of 1997 ("Tax Code'') or
4
other laws or portions there of administered by the BIR.
The Facts
r
The BIR, through Regional Direc tor Araceli L. Franc isco, issued Lette
58393 ,
of Authority ("LO A") No. LOA-21 8-20 l3-00 00006 5/LA 20 10000
Reve nue
dated 9 July 2013, authorizing Grou p Super visor Clarita Beltra n and
and other
Offic er Marie Ann Guev arra to exam ine the books of accou nts
taxable
accou nting records of petiti oner for all internal revenue taxes cover ing
year2 0 11 .5
t
On 13 Octob er 2014, petiti oner received a Prelim inary Asses smen
Regional
Notic e, dated 7 Octob er 20 14, issued by Offic er in Charg e-Ass istant
le year
Direc tor Conra do C. Lee ("OIC -Assi stant RD Lee") cover ing taxab
2011. 6
28
Thereafter, the BIR issued a Form al Lette r of Dema nd, dated
alleged
Octob er 20 14, with asses smen t notices asses sing petitioner for
year 2011
deficiency income tax in the amou nt of P6,05 5,509 .36 for taxable 7
pursu ant to Reve nue Mem oran dum Circular ("RM C") No. 33-20
13.
r
On 20 Nove mber 2014, OIC- Assis tant RD Lee8 issued a Lette
filed a
ackno wledg ing receipt of petitioner' s prote st to the PAN. Petiti oner
Dece mber
Lette r of Prote st/ Requ est for Reconsideration to the FLO, dated 2
9
2014, in response.
t,
Respo ndent then issued the Final Decision of Dispu ted Asses smen
dated 27 July 2015,
10
to which petitioner filed a Requ est for
11
Reconsideration.
12
CIR rendered its Final Decision dated 15 Augu st 2019.
iew /
On 26 Septe mber 2019, petiti oner filed the instant Petition for Rev
4
Ibid.
5
Ibid.
6
Ibid.
7
Ibid; Subject : Income Tax and Franchi se Tax Due from the Philippi
ne Amusement and Gaming
Corporation (PAGCOR), its Contractees and Licensees, 17 April 201 3.
8 Pre-Trial Order, Records, pp. 262-268 .
9
Ibid.
10
Ibid.
II Ibid.
12
Ibid.
DECIS IO:\
CTA Case No. 10172
Page 3 of I I
13
Sum mon s.
On 9 Octo ber 2019 , resp onde nt CIR was served with
esses:
Dur ing trial , petit ione r pres ented the following witn
13 Records, p. 64.
14
/d., p. 87- IOI.
15
!d., pp. 106- 109.
16 !d., p. 110.
17
/d., pp. 11 3- 118.
18
/d., pp. 175- 180.
19
!d.' pp. 334-3 36.
20
!d., pp. 2 19-22 1.
21 /d., pp. 230-23 I .
22
/ d., pp. 262-268.
23 Exhibits " P- 12" and " P- 12- 1", id., pp. 12 1- 128.
24 !d., pp. 237-2 39.
DECISIO N
CTA Case o. 10 172
Page 4 of II
who
(2) Girlie Garci a-Sal azar, petiti oner' s forme r Chief Acco untan t,
testified and identified her Judicial Affid avit durin g the hearin g on
25
26
11 Febru ary 2021.
h
Petiti oner formally offere d its docum entary evide nce on 15 Marc
Offer of
2021,27 with respo ndent 's Comm ent [Re: Petiti oner's Formal
on 26 May
Evide nce] filed throu gh priva te couri er and received by this Court
2021. 28
of
In a Resol ution , dated 16 July 2021 , the Court admit ted all
its "P-5",
petiti oner's forma lly offere d docum entar y evide nce excep t Exhib
Motio n 29
"P-6", "P-7", "P-14", "P-14-1", and "P-14-2". Upon petiti oner's
set a date
with respo ndent 's Comm ent, the Court admit ted Exhib it "P-5" and
30
origin als
for Comm ission er's Heari ng for comp arison of photo copies with the
5 Janua ry
of Exhib its "P-14", "P-14-1 ", and "P-14-2" in a Resol ution , dated
32
petiti oner
2022. 31 Durin g the Comm ission er's Heari ng on I Marc h 2022,
note in
comp ared the photo copie s with the origin als of which the Court took
33
a Minu te Resol ution dated 18 Marc h 2022.
There after, respo ndent prese nted the follow ing witne sses:
her
(1) Reve nue Offic er Marie Ann Santo s, who testified and identified35
Judicial Affid avit durin g the hearin g on 22 Febru ary 2022; and
34
(2)Re venue Offic er Katri na P. Pasio n, who testifi ed and identi fied her
37
Judicial Affid avit durin g the hearin g on 10 Marc h 2022.
36
h
Respo ndent forma lly offered his docum entary evide nce on 21 Marc
2022,38 with petiti oner' s Comm ent to the Form al Offer of Evide nce filed on 3
40 ted all
Marc h 2022.39 In a Resol ution , dated 1 1 May 2022, the Court admit
of respo ndent 's formally offere d evid enc e/
25
Exhibits ··P-13" and "P-13-1 ", id., pp. 243-246 .
26
/d. . pp. 276-278 .
27
/d. . pp. 289-306 .
28
/d. . pp. 364-365 .
1), id., pp. 373-377.
29
Motion for Recon sideration (ofthe Resolut ion dated July 16, 202
1
°
11
Comme nt (on Petition er's Motion for Recon siderati on), id., pp. 382-386 .
/d. , pp.390 -391.
12 !d. , pp. 402-403
13 !d. , p. 450.
1
~ Exhib its ·'R- 1 I" and " P-I 1-a", id. , pp. 2 1 1-216.
15
/d. , p. 397.
16
Exhibits ··R-13" and " R-1 3- 1··, id., pp. 41 1-415.
17
/d. , pp. 441-443 .
18
/d. , pp. 451-456 .
19
/d. , pp. 459-463 .
40
!d., pp. 468-469 .
DECISI ON
CTA Case No. 10172
Page 5 of II
With the filing of both parties' respective memoranda, the case was
submitted for decision on 2 August 2022. 43
The Issues44
Petitioner claims that it was denied the right to due process, explaining
that it received the PAN, dated 7 October 2014, only on 13 October 2014.
Following respondent's own rules, particularly Section 3.1.2 of Revenue
R egulations ("Rev. R egs.'') No. 12-99, it had fifteen (15) days from receipt
of PAN or until 28 October 2014 within which to file a protest or motion for
reconsideration/reinvestigation. Petitioner believes it was not given the said
opportunity to respond when respondent issued the FLD/FAN on 28 October
2014. Petitioner, however, admits that it filed its protest only on 11 November
2014 but maintains that the FLO, dated 28 October 2014, is void for violation
of due process.
Assuming the FLO is valid, petitioner argues that its Protest to the FLO
was filed on time. Petitioner relies on its statement in its Protest Letter that a
copy of the FLO was "received on November 11, 2014". It claims that
respondent's evidence (i.e. Affidavit of Service) to establish petitioner' s
supposed receipt of the FLO/FAN on 5 November 2014 cannot be given /
weight because it was submitted belatedly and was not part of the evidence/
41
/d., pp. 470-494.
42
!d. , pp. 496-5 18.
43
/d. , p. 520.
44
/d., pp. 166-168.
45
Petitioner's Memorandum , id., pp. 496-5 18 .
Dt:CISIO'\
CIACasc o 10172
Page 6 o f II
during pre-trial. It also claims that the respond ent was not able to prove that
the BIR's resort to substitu ted service is proper, pursuan t to RMC No. 40-
2019. Even assumin g the protest was filed three (3) days late, petition er argues
that the case is meritori ous and needs to be taken up, citing Republi c v.
Daondo n.46
Finally, petition er maintain s that its income from bingo games should
only be subject to franchise tax in lieu of all kinds of taxes.
Respond ent maintain s that this Court has no jurisdict ion over the
assessm ent that has become final, executo ry, and demand able due to failure
of petition er to file a timely protest to the FLO/FA N. Accordi ng to respond ent,
records show that petition er received the FLO/FA N on 5 Novemb er 2014. It
counters that petition er's stateme nt in its Protest Letter on the date of receipt
of the FLO/FA N is self-serv ing. Citing Section 228 of the Tax Code,
respond ent claims that petition er had until 5 Decemb er 2014 to file a valid
protest on the assessm ent. Howeve r, petition er belatedl y filed its protest on 8
Decemb er 20 14.
Assumi ng this Court has jurisdic tion, respond ent asserts that petition er
is still liable to pay the assessed deficien cy income taxes for taxable year 2017.
Accordi ng to respond ent, petition er's franchi se with PAGCO R is limited to
conduct traditional bingo operatio ns. It does not extend to operatio n of
casinos. Thus, the exemption granted by P.D. 1869 on the paymen t of 5%
franchis e tax, in lieu of corpora te income tax, does not extend to petitione r.
Respond ent also points out that RMC No. 33-2013 expressly provides
that income from traditional bingo, electron ic bingo, and other bingo
variatio ns are income from "other related operatio ns" that are subject to
corpora te income tax. He also argues that RMC No. 33-2013 is merely a
clarifica tory issuance and did not alter, modify, or amend the intent of Section
13(2)(b) of P.D. No. 1869.
46
G. R. No. 2 10540, 19 April 2016.
47
Memorandum , Records, pp. 470-494.
OEC ISIO "'
CTA Case No. I 0172
Page 7 of I I
Su ch assess me nt ma y be
pro tes ted adm ini stra ti ve ly
reques t for rec ons ideration by filing a
or re investigatio n wit hin thi
rece ipt of the ass ess me nt in rty (3 0) day s fro m
such fo rm and ma nne r as ma
im ple me nting rul es and reg ula y be pre scribe d by
tio ns.
48
G.R. No. 249 153 , 12 Septem ber
2022.
DECI 10;\
CTA Case No. 10172
Page 9 of II
49
Ex hibits " R-7", " R-7- 1", and " R-7-2 ", BIR Reco
50 rds, pp. 147- 149
Ex hibit " R-7-4 ", id., p. 15 1.
51
Exhibits " R-8", " R-8-1 ", " R-8-2 ", " R-8-3 ", " R-9",
" R-9-1 ", id., pp. 152-158.
DECISIO:\
CTA Ca se o. 10 172
Page 10 of II
In deed, in Pilipinas
Sh el l Petroleum Corpo
o f In te rn al R ev en ue ,52 ration vs. Commission
th e Su pr em e C ou rt ca
te
er
of su ch no n- co m pl ia go ric al ly ru le d on th
nc e w ith st at ut or y an e effect
d pr oc ed ur al du e proc
ess, viz.:
··rn short, re sp on de nt mer
wh ich did not gi ve PS ely relied on the fin
PC am pl e op po rtu ni dings of th e Ce nt er
in de ed pr ot es te d th e ty to ai r its side. W hi
fo rm al as se ss m en t, le PS PC
fa ct th at it w as de pr su ch does no t de ni gr
iv ed of st at ut or y an at e th e
co nt es t th e as sess m en d pr oc ed ura l du e pr
t be fo re it w as iss ue d oc ess to
(Em ph as is and un de rsc ... . "
or in g, Ou rs. )
With th e C ou rt 's co nc
lu sion th at th e as se ss
for th e C ou rt to di sc us m en t is void, th er e is
s th e ot he r issues rais no need
ed by th e parties.
W H E R E FO R E , pr em
is es co ns id er ed , th e
filed by H i- St ak es G in st an t Petition fo r R
am in g In co rp orat ed ev ie w
D ec is io n on D is pu te is he re by G R A N T E
d A ss es sm en t da te d 27 D . Th e Final
de fic ie nc y ta xe s in th Ju ly 2015 as se ss in g pe
e total am ou nt of P6 tit io ne r for
su rc ha rg e, and co ,5 39 ,0 87 .94, in cl us iv
m pr om is e pe na lty e of interest,
W IT H D R A W N . is he re by C A N C E
L L E D an d
SO O R D E R E D .
M A R IA R O W E N A M
O D E ST O-SAN PE DRO
A ss oc ia te Ju st ic e
WE CONCUR:
r~ . ~ _ ,
'- -
MA. B E L E N M. R IN
G PI S- L IB A N
A ss oc ia te Ju st ic e
52
G.R. No . 172598. 2 1
Dece mber 2007.
DEC ISIO N
CTA Case o. 10172
Page II of II
A TT ES TA TI O N
C ER TI FI C A TI O N