Professional Documents
Culture Documents
LA SALLE
COLLEGE OF LAW
COURSE SYLLABUS
TAXATION 1
B. Nature of taxation
Art. VI, Sec. 28, Art. VI, 1987 Constitution
CIR vs. Reyes (480 SCRA 382, 377)
Hilado vs. CIR 100 Phil 288
C. Characteristics of taxation
Sison vs. Ancheta, 130 SCRA 654
CIR vs. Pineda, 21 SCRA 105
Phil. Guaranty vs. CIR, 13 SCRA 775
Collector vs. Yuseco, 3 SCRA 313
E. Purpose of taxation
1. Revenue-raising
CIR vs. Algue, Inc., et. al. L-28896, 02/17/1988 168 SCRA 9
PAL vs. Edu. 164 SCRA 320
Tolentino vs. Secretary of Finance, 233 SCRA 630, 249 SCRA 628
2. Non-revenue/special or regulatory
Osmea vs. Orbos, 220 SCRA 703
Caltex vs. COA 208 SCRA 755
CIR vs. Central Luzon Drug Corp (456 SCRA 414, 445)
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F. Principles of sound tax system
1. Fiscal adequacy
2. Administrative feasibility
3. Theoretical justice
H. Doctrines in taxation
1. Prospectivity of tax laws
2. Imprescriptibility
3. Double taxation
a. Strict sense
b. Broad sense
c. Constitutionality of double taxation
d. Modes of eliminating double taxation
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I. Scope and limitation of taxation
1. Inherent Limitations
a. Public purpose
Lutz vs. Araneta, 98 Phil. 48
Pascual vs. Secretary of Public Works, 110 Phil 331
b. Inherently Legislative
1) General Rule
2) Exceptions:
i. Delegation to local governments
ii. Delegation to the President
iii. Delegation to administrative agencies
c. Territorial
Manila Gas vs. Collector, 62 Phil 895
Vegetable Oil Corp. vs. Trinidad, 45 Phil 822
Wells Fargo Bank vs. Collector, 70 Phil 325
Iloilo Bottlers vs. Iloilo City, 164 SCRA 607
CIR vs. BOAC, 149 SCRA 395
Hopewell Power vs. Commissioner, CTA Case 5310, Nov. 18, 1998
Smith vs. Commissioner, CTA Case 6268, Sept. 12, 2002
Collector vs. Lara, 102 Phil. 813
1) Situs of taxation
i. Meaning
ii. Situs of income tax
(1) From sources within the Philippines
(2) From sources without the Philippines
(3) Income partly within and partly without the Philippines
iii. Situs of property taxes
(1) Taxes on real property
(2) Taxes on personal property
iv. Situs of excise tax
(1) Estate tax
(2) Donors tax
v. Situs of business tax
a. Sale of Real Property
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b. Sale of Personal Property
c. VAT
d. International Comity
Sec. 2, Art. XI, 1987 Constitution
Taada vs. Angara, GR 118295, May 2, 1997
Mitsubishi Corp. vs. CIR, CTA Case 6139, Dec. 17, 2003
2. Constitutional Limitations
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6) Majority vote of Congress for grant of Tax Exemption
Sec. 24, Art. VI, 1987 Constitution
Sec. 28(4), Art. VI, 1987 Constitution
Tolentino vs. Secretary of Finance, 249 SCRA 628
10) Grant of power to the local government units to create its own sources of revenue
1) Due process
Sec. 1, Art III, 1987 Constitution
Commissioner of Customs vs. CTA & Campos Rueda Co., 152 SCRA 641
Phil. Bank of Commerce vs. CIR, 302 SCRA 241
Sison vs. Ancheta, 130 SCRA 654
2) Equal protection
Sec. 1, Art III, 1987 Constitution
Ormoc Sugar Co. vs. Treasurer of Ormoc City, 22 SCRA 603
Villegas vs. Hsui Chiong Tsai Pao, 86 SCRA 270
Shell Co. vs. Vano, 94 Phil. 388
Tiu vs. CA, 301 SCRA 279
Tan vs. Del Rosario, 237 SCRA 324
Phil. Rural Electric vs. Secretary, GR 143706, June 10, 2003
3) Religious freedom
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J. Stages of Taxation
1. Levy
2. Assessment and Collection
3. Payment
4. Refund
1. Tariff/Customs Duties
2. Toll
Diaz vs. Secretary of Finance
71 Am Jur 351
3. License fee
Progressive Dev. Corp. vs. QC, 172 SCRA 629
PAL vs. Edu, 164 SCRA 320
ESSO vs. CIR, 175 SCRA 149
4. Special assessment
Apostolic Prefect vs. Treasurer of Baguio, 71 Phil. 547
5. Debt
Caltex vs. COA, 208 SCRA 726
Francia vs. IAC, 162 SCRA 735
RP vs. Ericta and Sampaguita Pictures, 172 SCRA 653
Republic vs. Mambulao Lumber Company, 4 SCRA 622
Philex Mining vs. CIR, GR 125704, Aug. 28, 1998
Domingo vs. Carlitos, 8 SCRA 443
N. Kinds of Taxes
1. As to object
a. Personal, capitation or poll tax
b. Property tax
c. Privilege tax
2. As to burden or incidence
a. Direct
b. Indirect
3. As to tax rates
a. Specific
b. Ad valorem
c. Mixed
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4. As to purposes
a. General or fiscal
b. Special, regulatory or sumptuary
Osmea vs. Orbos (220 SCRA 703)
5. As to scope or authority to impose
a. National
b. Local
6. As to graduation
a. Progressive
b. Regressive
c. Proportionate
A. Taxpayers Remedies
1. Assessment
a. Concept of assessment
1) Requisites for valid assessment
2) Constructive methods of income determination
3) Inventory method for income determination
4) Jeopardy assessment
5) Tax delinquency and tax deficiency
e. Assessment process
1) Tax audit
2) Notice of informal conference
3) Issuance of preliminary assessment notice (PAN)
4) Notice of informal conference
5) Issuance of preliminary assessment notice (PAN)
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7) Reply to PAN
8) Issuance of formal letter of demand and assessment notice/final assessment notice
9) Disputed assessment
10) Administrative decision on a disputed assessment
f. Protesting assessment
1) Protest of assessment by taxpayer
a) Protested assessment
b) When to file a protest
c) Forms of protest
CIR vs. Villa (22 SCRA 3)
2. Collection
a. Requisites
b. Prescriptive periods
c. Distraint of personal property including garnishment
1) Summary remedy of distraint of personal property
a) Procedure for distraint and garnishment
b) Sale of property distrained and disposition of proceeds
(1) Release of distrained property upon payment prior to sale
c) Purchase by the government at sale upon distraint
d) Report of sale to BIR
e) Constructive distraint to protect the interest of the government
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e. Forfeiture to government for want of bidder
1) Remedy of enforcement of forfeitures
(a) Action to contest forfeiture of chattel
(b) Resale of real estate taken for taxes
(c) When property to be sold or destroyed
(d) Disposition of funds recovered in legal proceedings or obtained from forfeiture
f. Further distraint or levy
g. Tax lien
h. Compromise
1) Authority of the Commissioner to compromise and abate taxes
i. Civil and criminal actions
1) Suit to recover tax based on false or fraudulent returns
3. Refund
a. Grounds and requisites for refund
b. Requirements for refund as laid down by cases
1) Necessity of written claim for refund
2) Claim containing a categorical demand for reimbursement
3) Filing of administrative claim for refund and the suit/proceeding
before the CTA within 2 years from date of payment
regardless of any supervening cause
B. Government Remedies
1. Administrative remedies
a. Tax lien
b. Levy and sale of real property
c. Forfeiture of real property to the government for want of bidder
d. Further distraint and levy
e. Suspension of business operation
f. Non-availability of injunction to restrain collection of tax
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2. Judicial remedies
IV. Judicial Remedies; Republic Act 1125 The Act that Created the Court of Tax Appeals (CTA), as amended,
and the Revised Rules of the Court of Tax Appeals
2. Criminal cases
a. Exclusive original jurisdiction
b. Exclusive appellate jurisdiction in criminal cases
B. Judicial Procedures
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2. Civil cases
a. Who may appeal, mode of appeal, effect of appeal
1) Suspension of collection of tax
a) Injunction not available to restrain collection
2) Taking of evidence
3) Motion for reconsideration or New trial
b. Appeal to the CTA, en banc
c. Petition for review on certiorari to the Supreme Court
3. Criminal cases
a. Institution and prosecution of criminal actions
1) Institution on civil action in criminal action
C. Taxpayers suit impugning the validity of tax measures or acts of taxing authorities
a. Taxpayers suit, defined
b. Distinguished from citizens suit
c. Requisites for challenging the constitutionality of a tax measure
or act of taxing authority
1) Concept of locus standi as applied in taxation
2) Doctrine of transcendental importance
3) Ripeness for judicial determination
NOTE: Notwithstanding the listing of covered topics above, students are expected to study related topics
which they may encounter especially in the case assignments.
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