Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Local Taxation
Answer.
Internal Revenue Tax Local T a x Real Property Tax
All types of imposts
which local g o v e r n m e n t
units are e m p o w e r e d to Taxes levied by
All types of national enact on businesses, provinces, cities and
taxes levied by the occupations, regulated municipalities on real
national government privileges and activities, properties and their
utility charges carried improvements
and within their
respective territorial
jurisdiction
Collected by the Collected by provinces, Collected by provinces
Bureau of Internal cities, municipalities or cities w h e r e the
Revenue through and barangays property is located
accredited banks
Self-assessing Not self assessing
Exercise by the national
government under its Exercise by the local g o v e r n m e n t units under its
inherent power of delegated power of taxation
taxation
Answer.
a) T h e imposition should be within the taxing authority of t h e local
government.
716
d) S h o u l d not be oppressive, excessive, discriminatory, unjust,
confiscatory a n d contrary to the declared national economic
policy of the g o v e r n m e n t ;
Answer.
a) To enjoin the e n a c t m e n t of a Local Government Code which
shall allocate a m o n g the different local government units their
power and resources.
717
e) To insure that each local government will have its fair share of
available resources and that the resources of the national
government will not be unduly disturbed; and
Answer.
a) The 1935 Constitution did not itself provide for any such
delegation of tax powers to the local g o v e r n m e n t s , the source
of their taxing powers w e r e derived from a limited statutory
authority. The power of the local g o v e r n m e n t to tax w a s not
inherent (then and now) b e c a u s e it could be exercised only
w h e n authorized to do so by legislation of the C o n g r e s s .
718
1226. W h o exercises the p o w e r of taxation in the local level?
Answer.
a) It is not inherent
Answer.
a) It should satisfy the procedural and substantive due process;
719
b) Public hearing prior to enactment is required with quorum,
voting and approval and/or veto requirements complied with;
Answer.
a) The Local G o v e r n m e n t taxation covering the imposition of
license taxes, fees and other impositions, including C o m m u n i t y
Development Tax (Cedula). [R.A. 7 1 6 0 , the Local G o v e r n m e n t
Code of 1991]
Answer.
The two aspects of local taxation are -
720
1 2 3 3 . T w o (2) a c c e p t e d p r i n c i p l e o f a p p o r t i o n i n g t h e b u r d e n o f
taxation:
Answer.
a) Principle of Benefits Received - Persons w h o benefit from a
g o v e r n m e n t service must pay tax.
Answer.
a) Each local g o v e r n m e n t unit m a y create its o w n sources of
r e v e n u e a n d levy taxes, f e e s and charges, and other forms of
r e v e n u e m e a s u r e s s u c h as tolls, license, fees, rentals and
service charges, through the Sangguniang Panlalawigan,
Panlungsod, Bayan or Barangay, respectively, consistent with
t h e basic policy of local a u t o n o m y , which shall exclusively
accrue to it.
721
f) Cities have the broadest tax powers, embracing both such
specific and general tax powers as provinces and
municipalities may impose.
A n s w e r . Y e s , b e c a u s e the C o n g r e s s is e m p o w e r e d to impose
guidelines and limitations in t h e taxing power of the local
governments units.
1 2 3 8 . C a n c o n g r e s s still e n a c t local t a x l a w s n o t w i t h s t a n d i n g
an expressed grant of such power to the local
governments?
A n s w e r . Y e s . W h e n C o n g r e s s delegated the power to tax to the
local g o v e r n m e n t s , it did not divest itself of its inherent power to
enact local tax laws.
1 2 4 1 . C a n t h e l o c a l g o v e r n m e n t t a x all k i n d s o f b u s i n e s s
e n t i t i e s o p e r a t i n g w i t h i n its t e r r i t o r i a l j u r i s d i c t i o n ?
723
contracts, (c) non-imprisonment for non-payment of poll tax,
(d) rule on uniformity in taxation, and (e) tax exemptions of
religious and charitable institutions.
Answer.
a) That the taxpayers will not be o v e r - b u r d e n e d or saddled with
multiple and unreasonable impositions;
724
1246. W h e n is a tax m e a s u r e equitable?
1 2 4 7 . Is a t a x o r d i n a n c e o p p r e s s i v e b e c a u s e it carries a penal
clause of fine or imprisonment?
b) 3 5 % o n the s e c o n d year;
4. 2 0 % thereof to barangays.
725
accordance with the approved local development plans of the
city.
726
1251. Elements of residual power of taxation:
Answer.
a) T h e tax b a s e or subject are not t a x e d under the National
Internal R e v e n u e C o d e or other applicable laws,
Answer.
a) Constitutional limitations as provided.
727
the same field. This doctrine principally rests upon the intention of
the Congress.
Illustration:
728
and also to any sales tax i m p o s e d by the local government
unit.)
729
c) The Sanggunian Barangay may prescribe a fine of not less
than Php 100 or more than Php 1,000.
Answer.
a) The s a m e shall be granted in c a s e s of natural calamities, civil
disturbance, general failure of crops or adverse e c o n o m i c
conditions such as substantial d e c r e a s e in prices of agricultural
or agri-based products,
730
1259. W h o s e exemptions were not withdrawn upon the
effectivity of the L G C ?
Answer.
a) Local water districts
Answer.
a) It shall be granted only to n e w investments in the locality and
the tax ordinance shall prescribe the terms and conditions
therefore;
s t
c) T h e grant shall be by tax ordinance passed prior to the 1 day
of January of any year, and
731
b) Public utility charges - for services rendered in connection
with the operation of public utilities o w n e d , operated, and
maintained by local governments within their territorial
jurisdiction;
732
h) C h a r g e s for h o l d i n g benefits - those collected from benefits
held by local g o v e r n m e n t s to raise funds for s o m e specific
purpose; a n d
Answer.
a) D o c u m e n t a r y S t a m p tax;
733
e) Taxes on businesses inside the export processing zones
because the power of taxation is coterminous with the territorial
boundaries and therefore local government units cannot
lawfully impose taxes beyond such boundaries. The zone is
"outside" the territorial jurisdiction of the locality.
h) Taxes or fees for the registration of motor vehicles and for the
issuance of all kinds of licenses or permits for the driving
thereof except tricycles;
T h e prohibition is on t a x i n g the p r o d u c t s e x p o r t e d
a b r o a d . T h e business of exporting Philippine finished,
manufactured or p r o c e s s e d products is T A X A B L E by
municipalities or cities. Likewise, export t a x e s , fees and other
levies m a y be i m p o s e d by local g o v e r n m e n t units on raw
materials E X P O R T E D T O F O R E I G N C O U N T R I E S .
734
g o v e r n m e n t s in the guise of unreasonable charges for
w h a r f a g e , use of bridges, or otherwise, or other taxes in any
f o r m w h a t e v e r u p o n such g o o d s or merchandise;
735
p) Taxes on countryside and barangay business enterprises and
on registered cooperatives duly organized and registered with
the proper government office under RA 6938, the Cooperative
Code of the Philippines.
736
authorized to i m p o s e business taxes of not more than 2% of
the gross receipts for the preceding year on said entities.
Art. 48 of PD 1789
S e c . 1 9 ( A - 2 ) o f P D 231 ( O m n i b u s Investment Code)
T h e e x e m p t i o n is on t h e The exemption is on the
business of exporting products being exported.
Answer. Accrual means when liability for the tax has attached or
begun. Local taxes, fees and charges shall accrue on the 1st day
737
of January of each year. However, new taxes, fees and charges, or
changes in the rates shall accrue on the 1st day of the quarter next
following the effectivity of the ordinance imposing such new levies
or rates.
Local taxes, fees and charges shall be paid within the first 20
days of January or of each subsequent quarter, as the case may
be. This time of payment may be extended by the Sanggunian
concerned for a justifiable reason or cause, for a period not
exceeding 6 months without surcharge or penalties.
Answer.
Tax Fee Service Charge
Imposed for purposes of Imposed in payment of
Imposed for purposes regulations, T h e a m o u n t services rendered by the
to raising revenues is more or less equivalent local g o v e r n m e n t , or for
to t h e cost of regulating the convenience
the activity or privilege. furnished.
Imposed under the Imposed under t h e police Imposed under the
taxing power of the power of the g o v e r n m e n t principle of equity
government
738
W h o p a y s ? - T h e seller, donor, transferor, executor or
administrator of the property.
739
3 The power of the local government units to levy taxes is
expressly made subject to the limitations provided by law,
such as the provisions contained in franchise grants.
740
w h i c h are neither franchises nor contracts but simply
privilege licenses.
741
office. If the person exercises several professions at the same
time, he is required to pay as many professional taxes as the
case may be, and payment thereof entitles him to practice his
profession anywhere in the Philippines without being further
made subject to any other national or local tax, license or fee
for the practice of such profession.
742
3 A m u s e m e n t tax is levied as a percentage of the admission
fee and actually paid by the customers of the a m u s e m e n t
place.
Answer.
A m u s e m e n t tax of the L G U A m u s e m e n t tax of the BIR
Collected by the city or provincial Collected by the national
government government
The basis of the tax is the price The basis of the tax is the gross
indicated on the ticket receipts of the proprietor, operator or
lessee.
The tax is paid by those seeking This percentage tax the direct liability
admission to the amusement of the proprietor, operator, lessee of
places the amusement place.
743
Phil. Basketball Association vs. CA, 337 SCRA 358:
744
products to sales outlets or c o n s u m e r s , either directly or
indirectly within the province.
745
O) Those are that are allowed under the c o m m o n taxing
powers of the local government in addition to the above
enumeration.
Answer.
a) Income tax on t h e m [Sec. 133(a)] - w h i c h is a tax on their
income realized during the year, (not necessarily 3 0 % as
imposed under the NIRC)
A n s w e r . It shall include:
746
4. interest e a r n e d a n d actually collected on mortgage
contracts receivables.
Answer.
a) Interest e a r n e d under the e x p a n d e d foreign currency deposit
system;
Answer.
a) All transactions filed with or negotiated in the branch shall be
taxable in the said branch;
747
insurance c o m p a n i e s , h o w s h o u l d the local g o v e r n m e n t
tax the entities?
748
privilege is being exercised. W h e r e the law is silent on the matter,
tax situs follows t h e Principle of Territoriality of taxation.
749
j) If plantation is located is some place other than where the
factory is located, the foregoing 7 0 % shall be subdivided as
follows -
Answer.
a) Insurance contracts or policies issued by the h e a d office or
branch office shall be recorded in said offices as the c a s e m a y
be and the p r e m i u m s and/or gross receipts due thereon shall
be subject to local business taxes;
750
1277. Are insurance agents, brokers and sales representatives
subject to local business taxes?
751
distribution or sale of oil, gasoline and other petroleum products in
line with the existing national policy of the government.
Answer.
3 A business tax is due and payable on every separate and
distinct establishment or place w h e r e business is c o n d u c t e d ,
and on e a c h line of business. A line of business d o e s not
752
b e c o m e e x e m p t by being conducted with another business for
w h i c h the tax is paid.
753
relieve the taxpayer from the imposition of surcharges and
interests.
A city can validly tax the sales to customers outside the city as
long as the orders w e r e b o o k e d and paid for in the company's
branch office in the city.
Answer.
a) Fees and charges on business and o c c u p a t i o n , and on the
practice of profession;
754
d) C h a r g e s for t h e operation of public utilities owned and
maintained by the city.
Answer. No. Under Sec. 133 (I) LGC, the taxing powers of
province, municipality, city or barangay shall not extend to the levy
of taxes on the gross receipts of transportation contractors
engaged in the transportation of passengers or freight by hire and
755
common carriers by air, land or water. {First Philippine Industrial
Corp. vs. CA, 300 SCRA 661)
Answer.
a) Administrative action -
b) Judicial action
756
(b) Service c h a r g e s for services rendered in connection with the
regulation of the use of b a r a n g a y - o w n e d properties or service
facilities s u c h as palay, copra or t o b a c c o dryer and the like;
Answer.
Ordinance Resolution
It is intended to permanently direct It is used whenever the legislature
and control matters applying to wishes to express an opinion that is
persons or things in general. to have temporary effect only.
757
Ordinance Resolution
It prescribes a permanent rule of It is temporary in nature.
conduct of government.
It is binding not only on the
inhabitants of the municipality but Not necessarily so
also on strangers or non-residents
coming into its territorial jurisdiction
It cannot be a m e n d e d by mere Can be recalled, revoked,
resolution but only by another w i t h d r a w n , modified, cancelled and
ordinance enacted with the s a m e revised without the formalities of
formalities as the original ordinance. law anytime.
Once duly enacted remains in force As it pertains temporarily to
until repealed, either expressly or ministerial duties, they may be
by necessary implication. implemented until cancelled or
replaced.
Answer.
a) Prior to the e n a c t m e n t of any tax ordinance or revenue
measure, public hearing shall be conducted for the purpose,
which shall be in the following manner:
b)
1. Within t e n (10) d a y s f r o m filing of any p r o p o s e d tax
ordinance or r e v e n u e m e a s u r e , t h e s a m e must first be
published for three (3) consecutive d a y s in a n e w s p a p e r of
local circulation or shall be posted simultaneously in at
least two (2) c o n s p i c u o u s public places within t h e territorial
jurisdiction of t h e local g o v e r n m e n t unit c o n c e r n e d .
758
4. During t h e public hearing, all affected or interested parties
shall be a c c o r d e d an opportunity to a p p e a r a n d present or
e x p r e s s their v i e w s , c o m m e n t s and r e c o m m e n d a t i o n s , and
s u c h public hearing shall continue until all issues shall
have b e e n presented and fully deliberated u p o n and a
c o n s e n s u s shall have b e e n o b t a i n e d , w h e t h e r for or
against the e n a c t m e n t of the proposed tax ordinance or
revenue measure.
Answer.
a) It must not contravene the Constitution or statute;
759
1302. What are the procedural requirements in the e n a c t m e n t
of local tax o r d i n a n c e s ?
An o r d i n a n c e , unless o t h e r w i s e p r o v i d e d by it shall go
into effect after ten (10) d a v s f r o m t h e date of its posting.
760
3. Copies of all provincial, city, municipal a n d barangay tax
o r d i n a n c e s and revenue m e a s u r e s shall be furnished to the
respective local treasurers for public dissemination.
4. A tax ordinance shall go into effect on the 10th day after its
approval by the local chief executive.
1 3 0 4 . T h e r e q u i r e m e n t o f r e v i e w o f t h e t a x o r d i n a n c e a f t e r its
approval:
761
If, within 120 days after receipt of a copy thereof, the
Secretary of Finance or the provincial or city treasurer, as the
case may be, takes no action as authorized, the tax ordinance
shall remain in force.
e) in restraint of trade.
762
T h e opinion of the Provincial or City Fiscal, as the case may
be, m a y be raised on appeal within thirty (30) d a y s from the
effectivity thereof to the Secretary of Justice w h o shall render an
opinion on the matter within sixty (60) d a y s after receipt of the
appeal.
W h e n o b t a i n i n g ? ( w h e n e x h a u s t i o n o f administrative remedies
need not be c o m p l i e d with?)
1. It does not affect the jurisdiction of the court over the case,
as it merely implies absence of a cause of action. (Pineda
vs. CFI ofDavao, 50 O.G. 5266)
763
1307. W h a t is the effect of an appeal questioning the
constitutionality or legality of a tax o r d i n a n c e or r e v e n u e
measure upon the accrual and payment of the s a m e ?
764
considered as having b e e n paid under protest until final
resolution of the issues raised.
Answer.
a. Provincial treasurer; or
b. City treasurer; or
c. Secretary of Finance
1310. W h a t are the r e m e d i e s of t h e local g o v e r n m e n t in the
collection of local taxes
Answer.
/. Persuasive devices and safeguards -
765
c) Examination of books by Provincial or City treasurer, or
their deputies who should be authorized in writing.
766
1311. H o w are delinquent local taxes, fees, c h a r g e s and other
r e v e n u e s collected by the local g o v e r n m e n t s ?
Answer.
a) By distraint of personal property, or
NOTES:
O Unless otherwise provided under the LTC, all local taxes, fees,
and charges shall accrue on the first day of January of each
year. N e w taxes or fees or charges shall accrue on the first day
of the quarter next following the effectivity of the ordinance
imposing such new taxes or rates.
O Unless otherwise prqvided in the LTC, all local taxes, fees, and
charges shall be paid within the first 20 days of January or of
e a c h subsequent quarter as the case may be. The Sanggunian
concerned may for a justifiable reason or cause extend the
time for payment of such taxes, fees, or charges without
surcharges or penalties but only for a period not exceeding 6
months.
767
and no authority is anywhere given to the municipal legislative body
to condone taxes previously accrued. The ordinance imposing
license (regulatory) tax is prospective in character and application.
768
1315. C O M P A R I S O N OF TAX LIENS UNDER THE LTC AND THE
RPTC:
Answer.
769
sale, non-deprivation of the possession of said property by the
owner with the right to receive the rentals/income during the period
of redemption, and final deed to purchaser in case there is failure
to redeem. Where the proceeds of the sale are insufficient to
satisfy the claim, other property belonging to the taxpayer may
again be distraint until the full amount due inclusive of surcharges,
interests and expenses are collected.
Specifically -
a) Seizure - Upon failure of the person owing any local tax, fee or
charge, to pay the s a m e at the time required, the treasurer
or his deputy may, upon written notice, seize or confiscate
any personal property subject to the tax lien in sufficient
quantity to satisfy the tax, fee or charge in question,
together with any or all increments thereto incident to
delinquency and e x p e n s e s of seizure. To this e n d , the
treasurer or his deputy shall issue a duly authenticated
certificate based upon the records of his office showing the
fact of delinquency and the a m o u n t of the tax and penalty
due. This shall serve as sufficient warrant for the distraint
of personal property. Thereafter, the distraint personal
property shall be sold at public auction.
770
d) Release of the distraint property upon payment prior to
sale (Right of Pre-emption) - If at any time prior to the
c o n s u m m a t i o n of the sale all proper charges are paid to
the officer conducting the sale, the g o o d s or effects
distraint shall be restored to the owner.
Answer.
a. Tools and the implements necessarily used by the delinquent
taxpayer in his trade or employment;
b. One horse, cow, carabao, or other beast of burden, such as the
delinquent taxpayer may select, and necessarily used by him in
his ordinary occupation;
773
1 3 2 3 . C l a i m f o r t a x r e f u n d or t a x c r e d i t - The taxpayer may file a
written claim for refund or credit with the local treasurer within 2
years from the date of payment of the tax, fee or charge or from the
date the taxpayer is entitled to a refund or credit.
Answer.
A. Administrative r e m e d i e s :
1. Prior to Assessment -
2. After Assessment-
The written claim for refund itself may be filed with the
court of competent jurisdiction within 2 years from payment of
the amount due or from the time the taxpayer is entitled to a
refund or credit. The filing of a written claim for refund with the
local treasurer is a condition precedent for maintaining a court
action. If the local treasurer does not act on the written claim
for refund and the 2-year statute of limitation is about to expire,
the taxpayer should forthwith initiate the court action for refund
775
and consider the treasurer's inaction as a denial of his claim for
refund.
B. Judicial r e m e d i e s :
776
irreparable injury. (Rafael vs. Kaminer, 25 Phil. 344; Zamora
vs. Alfonso, 46 Phil. 159) This m a y be resorted to AS AN
A N C I L L A R Y R E M E D Y in an action for (a) declaratory relief,
or (b) for a n n u l m e n t of a tax ordinance, provided it be
s h o w n that the collection of the tax pending the final
resolution of the c a s e w o u l d c a u s e irreparable injury to the
t a x p a y e r w h o has no other a d e q u a t e remedy in the ordinary
c o u r s e of law. (Physical Therapy Org. vs. Mun. Board of
Manila, 101 Phil. 1143; Pacific Com'l. Co. vs. Prov'l.
Treasurer 52 Phil. 190.)
3. Mandamus;
777
NOTE: These three (3) separate periods ("30-30-60") are given for
compliance as a pre-requisite before seeking redress in a
competent court. (Jardine Davies Insurance Brokers, Inc. vs.
Aliposa)
NOTE: Tax period does not apply to permit fees and public utility
charges.
778
1 3 3 1 . Is n o n - p a y m e n t of lease of public m a r k e t stall a criminal
offense?
TICKERS:
779
3 The tax powers of local government units are to be liberally
construed but a DOUBT on the application of a tax ordinance
shall be construed strictly against the Local government unit.
O Local government units and their officials are not exempt from
liability for death or injury to person or persons or d a m a g e to
property.
780
3 L G U is prohibited f r o m imposing taxes on the gross receipts of
transportation contractors and persons engaged in the
transportation of p a s s e n g e r s or freight by c o m m o n carriers but
not on the operation or franchising of tricycles, the issuance of
licenses or permits for the driving thereof.
781
P A R T XIII
COMMUNITY
DEVELOPMENT TAX
The cedula tax was the first individual tax imposed in the
Philippines during the Spanish regime. It w a s abolished in 1937 but
restored under C.A. No. 4 6 5 in the form of residence tax, now k n o w n
as community development tax.
1336. C o m p o s i t i o n of a c o m m u n i t y tax:
782
1337. W h o are the persons liable?
Answer.
(a) Every inhabitant of the Philippines 18 years of age or over w h o :
(Class A and/or Class B)
2. is e n g a g e d in b u s i n e s s or o c c u p a t i o n ; or
783
NOTE: Estates of deceased persons, being neither
corporations nor individuals, A R E NOT subject to the tax, but
the heirs must declare their proportionate shares of the income.
1338. W h e n payable?
784
1339. A m o u n t or rate of c o m m u n i t y tax:
Answer.
3 Individual - A basic tax of P h p 5.00 and an annual additional
tax of Php 1.00 for every Php 1,000.00 of income regardless of
w h e t h e r f r o m business, exercise of profession or from property
that in no c a s e shall e x c e e d Php 5,000.00.
3 If the tax is not paid within the time prescribed, there shall be
added to the unpaid a m o u n t an interest of 2 4 % per a n n u m
from the d u e date until it is paid.
785
O Only a small portion is remitted to the National Government
merely to cover cost of printing and distribution of the
community tax certificates
Answer.
a) Individuals below 18 years of age w h o do not have real property
c) Non-profit corporations
Answer.
a) W h e n an individual subject to t h e c o m m u n i t y tax a c k n o w l e d g e s
any d o c u m e n t before a notary public.
786
c) W h e n he receives any license, certificate, or permit from any
public authority.
787
PART XIV
Answer.
a) Real property, whether taxable or exempt, shall be appraised at
its current and fair market value.
Illustration:
788
f) T h e appraisal of real property shall be uniform in each local
political subdivision.
789
real property tax exemption in its charter). The Supreme Court
applied the Doctrine of Usage and held that since the property
was already being used by a non-exempt taxpayer, it cannot be
exempted from real property tax. The beneficial user of said
property is liable.
790
T h e "fair market value" is s u p p o s e d to be the actual value
of the real property in the o p e n market; while the "assessed
v a l u e " is merely a certain percentage of the "fair market value"
d e p e n d i n g on the a s s e s s m e n t level of the real property in
question.
Answer.
Answer.
a) A n n u a l ad v a l o r e m tax on real property;
791
in area 1/2 of which remain unutilized or unimproved by the
owner(s) thereof; and (c) residential lots in subdivisions
duly approved by proper authorities, the ownership of
which has been transferred to individual owners.
792
1354. Is t h e i m p o s i t i o n of real p r o p e r t y tax a national tax or a
local tax?
793
3 The policy of taxing real property is on the basis of actual use
even if the user is not the owner.
Answer.
a) It is a direct tax on the o w n e r s h i p of real property. T h e impact
and incidence of taxation d e v o l v e s on t h e s a m e person.
e) It is a local tax.
794
1359. DEFINITION OF TERMS:
795
Fair Market Value - It is the price at which a property may be
sold by a seller w h o is not compelled to sell and bought by a
buyer who is not compelled to buy.
796
3 Provinces, cities, and municipalities in the Metro Manila area
do not only have the power to levy real estate taxes but they
also fix real estate tax rates.
797
the undivided real property shall be declared for taxation purposes
only as one property in the name of all the heirs.
The affidavit of the heirs, could not be used as basis for issuing
to each of them separate tax declarations covering their respective
shares of the undivided real property inherited.
3 Trees, plants, and growing fruits, while they are attached to the
land or form an integral part of an immovable;
798
3 D o c k s a n d structures w h i c h , t h o u g h floating, are intended by
their nature and object to remain at fixed place on a river, lake,
or coast.
799
be assessed and records thereof kept as in other cases; (As
amended by P.D. No. 1621)
800
organized under R.A. No. 6 0 5 5 . T h e s e institutions are now
e x e m p t f r o m realty tax a n d " e v e n I N C O M E T A X a n d
C U S T O M S D U T I E S under t h e 1987 Constitution.
801
The local governments are bereft of this authority insofar as
real taxes are concerned, unlike in the case of local taxes where
the Local Government Code (LGC) expressly authorizes them to
"grant tax exemptions, incentives, or reliefs under such terms and
conditions as they may d e e m necessary". Thus, in real property
taxation, exemption is limited only to those properties that are
enumerated under the LGC.
Answer.
a) Residential
b) Agricultural
c) Commercial
d) Industrial
e) Mineral
f) Timber and forest land; a n d
g) Special (church, hospital, o r p h a n a g e , etc.)
802
1368. W h a t are the special classes of real properties under the
RPTC?
Answer.
a) All kinds of lands, buildings and other improvements thereon,
actually, directly and exclusively u s e d for religious, educational,
cultural, recreational or scientific purposes,
1 3 6 9 . W h a t a r e t h e a s s e s s m e n t levels t o b e a p p l i e d t o t h e fair
m a r k e t value of real properties for taxation p u r p o s e s ?
803
Not over 300K 25% ~n
300K - not over 500K 30%
Agricultural 500K - not over 750K 35%
(FMV) 750K - not over 1 .OM 40%
1.0M-not over2.0M 45%
2.0 million and above 50%
Not over 300K 30% ~~
300K - not over 500K 35%
500K - not over 750K 40%
Commercial or 750K - not over - 1 .OM 50%
Industrial 1.0M-not over2.0M 60%
(FMV) 2.0M - not over 5.0M 70%
5.0M - not over 100M 75%
10.0 million and above 80%
Not over 300K 45%
300K - not over 5 0 0 K 50%
500K - not over 7 5 0 K 55%
Timberland 7 5 0 K - n o t oveM.OM 60%
1.0M - not o v e r 2 . 0 M 65%
2.0 million and a b o v e 70%
Machineries Agricultural 40%
Residential 50%
Commercial 80%
Industrial 80%
804
order in the locality as certified by the said officer, the said
land r e m a i n s u n i m p r o v e d , unutilized or uncultivated, the
additional tax provided shall be i m p o s e d .
805
1 3 7 1 . W h o bears the b u r d e n of paying the real property tax?
Answer.
a) To prepare and file with provincial or city assessor, a sworn
statement declaring the true value (current fair market value) of
their property o n c e every 3 years during the period from
January 1 to J u n e 30 to start in 1980,
806
1374. W h a t is t h e duty of a b u y e r of real property or of a
person making improvement thereon?
807
1378. Is the possession of property tax declaration a n d tax
receipts sufficient to p r o v e o w n e r s h i p of real p r o p e r t y ?
1379. A s s e s s m e n t defined:
Answer. T h e City A s s e s s o r m a y r e c o m m e n d a m e n d m e n t s to
correct errors in valuation in fair market schedules to the
Sanggunian P a n l u n s o d . T h e S a n g g u n i a n P a n l u n s o d shall, by
ordinance, act on the r e c o m m e n d a t i o n within 90 d a y s after
receiving it.
808
purpose, together with copies of tax declarations and such
affidavits or d o c u m e n t s submitted in support of the appeal. Within
30 days from receipt of the L B A A ' s adverse decision, dissatisfied
property o w n e r can appeal to the central Board of A s s e s s m e n t
A p p e a l s w h o s e decisions is final and executory unless appealed.
Within 15 d a y s f r o m receipt of the C B A A ' s adverse decision, and
appeal m a y be n o w be m a d e before t h e Court of T a x Appeals,
under the e x p a n s i o n jurisdiction of the C T A of RA No. 9282.
a) T h e Register of D e e d s , as chairperson
809
c) Secretary of Local Government and Community Development
as member, all of w h o m shall serve without additional
compensation.
810
in the record or disclosed to the parties or s u c h relevant evidence
as a r e a s o n a b l e m i n d might accept as a d e q u a t e to support the
c o n c l u s i o n . If the decision of the " L B A A " is adverse to the claim of
the taxpayer, t h e n he m a y file an a p p e a l to the Central Board of
A s s e s s m e n t A p p e a l ( C B A A ) within thirty (30) d a y s from receipt of
t h e decision of the " L B A A " by filing his appeal under oath with the
Secretary of the " L B A A " stating therein the g r o u n d s and the reason
for the a p p e a l , and attaching thereto any e v i d e n c e pertinent to the
c a s e . A copy of t h e a p p e a l should also be furnished the "CBAA",
thru the C h a i r m a n . Within t e n (10) d a y s f r o m receipt of the appeal,
t h e secretary of t h e " L B A A " c o n c e r n e d shall forward the s a m e and
all papers related thereto, to the " C B A A " , through the Chairman
thereof. T h e said " C B A A " will decide the c a s e brought on appeal
within twelve (12) m o n t h s f r o m date of receipt, which decision shall
b e c o m e final a n d executory after the lapse of 15 days from the
date of receipt of a copy of t h e decision by the appellant. If the
t a x p a y e r is not still satisfied with the decision of the " C B A A " he
may, within t h e r e g l a m e n t a r y period of thirty (30) days, file a
petition for review with the C T A under Rule 4 3 , R R C . within thirty
(30) d a y s f r o m receipt thereof (RA 9 2 8 2 , April 2 3 , 2004) and
thereafter file a certiorari proceedings with the S C , as the case may
be.
1 3 8 8 . W h a t i s t h e effect o f a n a p p e a l o n t h e p a y m e n t o f real
property tax?
A n s w e r . The real property tax for any year shall attach and
b e c o m e due and payable on the first day of January and from the
s a m e date said tax and all penalties subsequently accruing thereto
shall constitute a lien upon the property subject to such tax.
Illustration:
811
during the year the use of that property ceases to be for said
purposes. Likewise, if at the beginning of that year, the property is
taxable because at that particular point in time, the use is for a
non-exempt purpose, not religious, educational and charitable
("REC"), the taxable status of said property continues for that
entire year even if at certain time during the year it is used for
" R E C " purposes.
Illustrations:
1390. M a y real p r o p e r t y t a x e s b e p a i d o n i n s t a l l m e n t ?
1st on or before M a r c h 3 1 .
2 n d on or before J u n e 30
3rd on or before Sept. 30, a n d
4th o n o r before Dec. 3 1 .
812
after said delinquencies are settled m a y tax payments be
credited for the current period.
Answer.
a) No court shall entertain any suit assailing the validity of a tax
assessed under the R P T C until the taxpayer shall have paid,
under protest, the tax assessed against him.
813
c) No court shall declare any portion of the tax assessed under
the provisions of the RPTC invalid except upon the condition
that the taxpayer shall pay the just amount of the tax, as
determined by the court in the pending proceedings.
Answer.
The Code The Code The C o d e does not The Code requires
expressly provides that any require protest for protest. Any
provides that no tax or fee paid claims of tax refund taxpayer affected
court shall pursuant to a or credit; a suit by a ruling or
entertain any suit protested m a y be maintained decision of the
assailing the ordinance shall in any court for the Collector on duties
validity of a tax be considered as recovery of any must first pay the
assessed until having been paid internal revenue duties determined
the taxpayer under protest taxes or penalty and within 15 days
shall have paid, until final alleged to have thereafter, file a
under protest, resolution of the been erroneously written protest
the tax assessed issues raised. or illegally setting forth his
against him. collected, provided objections to the
the doctrine of ruling in question.
"Exhaustion" has
been complied
with.
1396. P R O T E S T A T T H E T I M E O F P A Y M E N T I S R E Q U I R E D T O
PRESERVE TAXPAYER'S RIGHT TO CLAIM TAX
REFUND/CREDIT UNDER THE RPTC.
814
Under t h e principle of solution indebiti a tax paid through error
m a y be recovered within a period of six (6) years.
A n s w e r . No.
815
1402. What are the duties and responsibilities of the Secretary
of Finance in matters of real p r o p e r t y t a x ?
816
d) T h e extent of e x e m p t i o n from real property tax and the rates of
levy.
Answer.
a) W h e r e , in the light of e c o n o m i c , social and other relevant
c h a n g e s , it b e c o m e s necessary to modify or adjust the
classification of real properties, their a s s e s s m e n t levels and/or
taxable v a l u e s on t h e basis of new concepts of essentiality and
m o d e m a p p r o a c h e s to real property valuations;
Answer.
a) T h e m a x i m u m rates of levy fixed by the Code may be
increased by not more t h a n 2% of the a s s e s s e d value of real
property or reduced by not more than 1 % thereof;
817
1406. W h a t are the procedures on the levy of the realty tax by
the local S a n g g u n i a n or council?
Answer.
a) The ordinance fixing the rate of real property tax shall be
enacted by the provincial, city or municipal board or council not
later that the 15th day of September of the year next
proceeding the year the tax shall begin to accrue.
d) The ordinance fixing the rate of real property tax shall remain in
full force and effect unless a m e n d e d on or before S e p t e m b e r
15 of the year next preceding the o n e in w h i c h the a m e n d m e n t
is to take effect.
818
T h e basic real property tax a n d other tax levied under the L G C
shall be collected W I T H I N FIVE (5) Y E A R S from the date they
b e c o m e d u e . No action for the collection of the tax whether
administrative or judicial shall be instituted after the expiration of
s u c h period, E x c e p t i o n : In c a s e of fraud or intent to evade
p a y m e n t of the tax, s u c h action for collection m a y be instituted
within 10 Y E A R S from t h e discovery of s u c h fraud or intent to
evade payment.
Answer.
a) Administrative remedies -
819
authenticated certificate showing the name of the taxpayer and the
amount of the tax, fee or charge and penalty due from him. Said
certificate shall operate with the force of a legal execution
throughout the Philippines.
820
upon registration with his office of any declaration of forfeiture to
transfer the title of the forfeited property to the local government
unit c o n c e r n e d without the necessity of an order from a competent
court. T h e S a n g g u n i a n c o n c e r n e d may, by ordinance duly
a p p r o v e d , and u p o n notice of not less t h a n twenty (20) days, sell
and dispose of t h e real property acquired by public auction. The
proceeds of the sale shall accrue to the general fund of the local
g o v e r n m e n t unit c o n c e r n e d .
At any time before t h e date fixed for the sale, the taxpayer
m a y stay t h e proceedings by paying the taxes, fees, charges,
penalties a n d interests. (Right of P r e - e m p t i o n )
821
The deed shall concisely recite all the proceedings upon which the
validity of the sale depends.
The redemption period of one (1) year is counted from the date
of registration of the sale of the real property by either of the
following -
1. The delinquent taxpayer;
822
publication of the decision giving immediately the municipal council
a written notice of a p p e a l . T h e decision of the provincial board on
the a p p e a l shall be FINAL. (Sec. 52, R P T C )
Answer.
Formal query on legality of ordinance No time fixed in law for the filing
filed with the Provincial/City Fiscal on
other than the 4 grounds under Sec.
45, LTC.
823
determine possible liability under a
law, ordinance or regulation.
B. Questioning the A s s e s s m e n t :
Under the R P T C :
C. C l a i m for R E F U N D / C R E D I T u n d e r t h e L T C :
824
payment by mistake)
Administrative - If protest is m a d e
verbally, it must be confirmed in 30 d a y s
writing within
825
Remedies Prescriptive Periods
Answer.
(a) In the case of Provinces -
826
2. Municipality - 3 5 % shall accrue to the general fund
of t h e municipality w h e r e the property is located;
IMC leased from the government mineral land with the right
to explore and develop the same. The contract stipulates that
IMC shall be liable for realty tax on buildings and other
improvements but is silent on the tax on the mineral land itself.
827
IMC, even if only a lessee is liable. The policy of taxing real
property is on the basis of actual use even if the user is not the
owner. Sec. 234(a) of the RPTC provides that real property
owned by the RP, or any of its political subdivisions, and any
G O C C (so exempt by its charter) is exempt from tax, this
exemption shall not apply to real property, the beneficial use of
which has been granted for consideration or otherwise to a
taxable person.
828
PROBLEM EXERCISES
829
contending that he is not the owner thereof and therefor
n o t l i a b l e . Is X c o r r e c t ?
1 4 2 3 . C i t e a t l e a s t f i v e (5) f u n d a m e n t a l p r i n c i p l e s g o v e r n i n g
real p r o p e r t y t a x a t i o n t h a t are limitations on t h e t a x i n g
p o w e r of the local g o v e r n m e n t s to i m p o s e real property
taxes.
Answer.
a) appraisal of real properties must be based at the current fair
marker value,
830
purchase the property w h e n there w a s no other bidder or no
satisfactory bid. (2003 case)
Answer. T h e court held that it w a s not for public use since only
those w h o are riding the LRT use them and that there is no grant of
real property tax exemption in the Charter of the LRT was provided.
Unlike public roads that are open for use by everyone, the LRT
is accessible only to those w h o pay the required fare. It is thus
apparent that petitioner does not exist only solely for public service,
and that the LRT carriageways and terminal stations are not
exclusively for public use. Moreover, the charter of petitioner does
not provide for any real estate tax exemption in its favor. Even
831
granting that the national government indeed owns the
carriageways and terminal stations, the exemption would not apply
because their beneficial use has been granted to petitioner (LTR),
a taxable entity.
832
7. T h e a d v e r s e decision of the 7. T h e decision of the C T A - En
C B A A m a y be a p p e a l e d to the C T A Banc, may be appealed before the
(En Banc) within 30 d a y s from SC on pure question of law by w a y
receipt of said decision by w a y of of Petition for Review on Certiorari
petition for review. (Rule 4 3 , R R C ) within 15 days from receipt of the
a d v e r s e decision.
8. T h e decision of a division of the
C T A m a y be subjected to an MR or
Motion for N e w Trial with C T A En
Banc a n d thereafter an a p p e a l to
the SC by m e a n s of Petition for
Review on Certiorari on pure
questions of law within 15 d a y s
from receipt of the C T A ' s En B a n c
a d v e r s e decision (Appeal to SC
m a y be e x t e n d e d for a period of 30
days)
833
exercise of police power and the power to tax, both of which cannot
be contracted away. (1999 case)
834
a n d substantial interest in the case, such that the party has
sustained or will sustain direct injury as a result of the challenged
act"
1434. X, a d o m e s t i c c o n d o m i n i u m corporation is e n g a g e d in
selling of real p r o p e r t y w i t h i n the city proper; it received
a n a s s e s s m e n t f r o m t h e C i t y G o v e r n m e n t o f its u n p a i d
local business taxes. X contends that it is not liable
b e c a u s e the b u s i n e s s of selling real property is e x e m p t
f r o m local t a x a t i o n . Is X c o r r e c t ?
835
1436. Are properties o w n e d by G O C C s subject to real property
taxes?
1 4 3 7 . A r e p o w e r p l a n t b a r g e s a n d its a c c e s s o r y e q u i p m e n t
mounted on the barges subject to real property
taxation? ( P r o v i n c e of B a t a n g a s et. al., v s . N a p o c o r , Feb.
16, 2007)
836
properties a n d therefore not subject to real property tax
Is "X" correct?
Answer.
a) Administrative protest - A taxpayer may file a written protest
with the local treasurer within 30 days from payment of the tax
with the provincial or city or municipal treasurer where the
property is located w h o shall decide the protest within 60 days
from receipt of the protest.
837
Assessment Appeals w h o s e decisions is final and executory
unless appealed. Within 30 days from receipt of the CBAA's
adverse decision and appeal may now be made before the
Court of Tax Appeals, under the expanded jurisdiction of the
CTA of RA No. 9282, April 23, 2004.
838
1446. A r e r o a d s built o n private l a n d s s u b j e c t t o real p r o p e r t y
taxes?
839
PART XV
The law governing tariff and customs duties is P.D. No. 1464,
otherwise known as the Tariff and Customs Code of 1978, which
consolidated and codified the tariff and customs laws in the Philippines.
It superseded Republic Act No. 1937, the first Tariff and Customs
Code, which was approved on June 2, 1957 and b e c a m e effective on
July 1, 1957. The former Code w a s substantially a m e n d e d by P.D. No.
34 which took effect 30 days after its promulgation on October 27,
1972, except Section 104 thereof (rates of import duty) which took
effect on January 1, 1973.
1 4 4 9 . C i t e t w o (2) c o n s t i t u t i o n a l p r o v i s i o n s a f f e c t i n g t a r i f f :
Answer.
a) All appropriation revenue or tariff bills, bills authorizing
increase of the public debt, bills of local application, and
private bills shall originate exclusively in the H o u s e of
Representatives, but t h e S e n a t e m a y propose or concur with
a m e n d m e n t s . (Sec 2 4 , Art. V I , 1987 Constitution).
840
O All articles c o m i n g from or going abroad have to pass
through the c u s t o m s e v e n if e x e m p t .
841
The President, upon the recommendation of the Commissioner
and the Secretary of Finance, has the power to open and close a
port of entry.
842
T h e items subject to the increase agreement to the Congress for
or d e c r e a s e of import duties a n d the ratification.
establishment of t h e import quota
need not be subject of a trade
agreement.
Answer.
a) T h e increase, reduction or r e m o v a l of existing protective tariffs
or rates of duty are necessary in the interest of national
e c o n o m y , general welfare and/or national defense;
843
1460. W h e n does importation begin and w h e n does it end?
Illustration:
844
No. 2. Six years ago, X bought an imported van from "Y". X used
falsified d o c u m e n t s in effecting the release of the motor vehicle
thus enabling him to pay lower import t a x e s . Acting u p o n report of
its intelligence, the c u s t o m s agents seized the car while parked at
the parking area of S M while X w a s then w a t c h i n g a movie inside
the c i n e m a . Thereafter, an a s s e s s m e n t in the a m o u n t of Php 850K
by w a y of unpaid c u s t o m s duties, surcharge and interest were
slapped on X. X w e n t to the court questioning the seizure of his car
since no warrant a p p e a r e d to have b e e n issued for the said
imported motor vehicle. That he having purchased the s a m e six
years a g o f r o m Y as e v i d e n c e d by a D e e d of Sale. He further
argues that the right of the g o v e r n m e n t to collect said taxes has
already prescribed. Rule on the validity of the seizure and X's
contention.
845
1462. M a y articles arriving into our c o u n t r y be a l l o w e d to be
exported?
Primary functions -
Secondary functions -
(b) To enforce tariff and c u s t o m s laws and all other laws, rules
and regulations relating to tariff a n d c u s t o m s administrations;
(d) Supervision and control over all import and export cargoes,
landed or stored in piers, airports, terminal facilities, including
container yards and freight stations, for t h e protection of
g o v e r n m e n t r e v e n u e ; and
846
NOTE:
Answer.
a) T h e Commissioner of Customs w h o is appointed by the
President of the Philippines upon the recommendation of the
Secretary of Finance.
847
b) Five (5) Deputy Commissioners who are appointed by
President of the Philippines upon the recommendation of the
Commissioner of Customs.
1 4 6 5 . W h a t a r e t h e f i v e (5) n e w l y c r e a t e d o f f i c e s o f t h e B u r e a u
of Customs headed by the five (5) Deputy
Commissioners?
Answer.
d) Internal Administrative G r o u p
848
T h u s , should a vessel loaded with untaxed motorcycles and
electronics products leave the port of L i n g a y e n , Pangasinan bound
to S t o . D o m i n g o , llocos Sur, t h e Collector of C u s t o m s of llocos Sur
has the power to a p p r e h e n d the culprits responsible for smuggling
and seize the untaxed goods. (Vierneza vs. Commissioner of
Customs, 7/30/68)
A n s w e r . T h e Secretary of Finance.
1469. What are the tax cases arising under the Tariff and
Customs Code?
Answer.
a) Protest cases or those w h e r e the importer questions the
legality of the a s s e s s m e n t and collection of customs duties and
other fees or charges (except the fixing of fine in seizure
cases). T h e issue involved in these cases generally relates to
the correctness of the appraisal and/or classification of
imported goods; and
849
1 4 7 0 . I s t h e B u r e a u o f C u s t o m s s u b j e c t t o s u i t i n its o p e r a t i o n
of the arrastre service?
850
1472. W h o is authorized to m a k e ruling on commodity
classification of imported article not specifically
classified in the Tariff and C u s t o m s C o d e ?
851
1474. What are the rule-making p o w e r s of the C o m m i s s i o n e r
of Customs?
Answer.
a) The Commissioner shall, subject to the approval of the
Secretary of Finance, promulgate all rules and regulations
necessary to enforce the provisions of the Tariff and Customs
Code.
852
1475. W h a t are the supervisory authority of the Commissioner
of Customs and the Secretary of Finance?
Answer.
a) In cases involving a s s e s s m e n t of duties - If in any case
involving the a s s e s s m e n t of duties, the Collector renders a
decision it shall automatically be elevated to, and reviewed by
the C o m m i s s i o n e r ; and if the Collector's decision would be
affirmed by the C o m m i s s i o n e r , s u c h decision shall be
automatically elevated to, and finally reviewed by the Secretary
of Finance. However, if within 30 d a y s f r o m receipt of the
record of the case the C o m m i s s i o n e r or by the Secretary of
Finance, as the c a s e m a y b e , no decision is rendered by either
of t h e m , the decision under review shall b e c o m e final and
executory. A n y party aggrieved by either the decision of the
C o m m i s s i o n e r or of the Secretary of Finance may appeal to the
C T A within 30 d a y s f r o m receipt of a copy of such decision.
853
Answer. The Commissioner of Customs may order seizure of
untaxed goods without being liable for usurpation of judicial
function. (Pads vs. Pamaran, 56 SCRA 16)
Answer.
a) Officials of the Bureau of Customs, district collectors, deputy
collectors, police officers, agents, inspectors and guards.
Answer.
a) He may require the assistance of any police officer.
854
d) He m a y search vehicles, beasts and persons
a) E m e r g e n c y or forced landing.
855
O The Deputy Collector shall temporarily discharge the duties of
the Collector of Customs in case the latter is absent, disabled,
or vacancy of his office.
Answer.
a) He shall cause the entry of all imported articles at the
customhouse.
856
satisfied that the importer acted in g o o d faith and unable to obtain
proper information as to the dutiable value of the subject articles.
T h e information given by the Collector is in no sense an appraisal
or binding u p o n the Collector's action on appraisal.
Answer.
a) Prospective or newly b e g u n litigations concerning his district
relating to the c u s t o m s service.
1 4 8 7 . A r e all i m p o r t e d a r t i c l e s s u b j e c t t o c u s t o m s d u t y ?
Answer.
a) All articles subject to duty, or
857
1489. Distinguish absolutely free importation from
conditionally free importation:
Answer.
Absolutely Free Importation Conditionally Free Importation ~~
Articles exempt from duty only uporT
Articles exempt from duty without compliance with the formalities
any condition. prescribed or with the regulations
promulgated in connection with the
importation.
858
g) Articles manufactured holly or partially of g o l d , silver, etc. not
s h o w i n g their actual fineness;
859
Commissioner of Customs with the approval of the Secretary of
Finance, such as:
860
religious b o o k s of similar nature and extracts therefrom,
h y m n a l a n d h y m n s for religious uses.
Answer.
a) W h e n the g o v e r n m e n t surveyor's seal on the container has
b e e n t a m p e r e d with or broken or the container shows signs of
having b e e n o p e n e d or having its identity c h a n g e d .
b) W h e n t h e container is leaking or d a m a g e d .
Answer.
a) Tentative liquidation - It is subject to future and final
readjustment and settlement within a period of six (6) months
from date of tentative liquidation.
861
1496. How is liquidation of duties in c u s t o m s law effected?
Answer.
a) An individual, or
b) A corporation or c o m p a n y , or
c) A partnership, or
862
credit, bank g u a r a n t e e or b o n d from liability for the payment of
duties, taxes a n d other charges due t h e r e o n . U N L E S S , the person
to w h o m delivery w a s authorized a s s u m e s such liability by
c o m p l y i n g with the requirements provided under the Tariff and
Customs Code.
1 5 0 1 . Export tariff d e f i n e d :
1 5 0 2 . I m p o r t tariff d e f i n e d ?
863
The imported articles are appraised by appraisers of
the port w h o shall be responsible to the Collector of such
port for the correct appraisal of the articles imported into
the Philippines. (Commr. vs. Procter & Gamble, Jan. 11,
1989, Commr. vs. CTA, 21 May 1988)
864
Finance (now Secretary of Agriculture) upon prior
investigation and report of the Tariff Commission
d e t e r m i n e s the countervailing duty.
865
1504. Distinctions among the different special levies on
importation:
Answer.
Dumping Duty Countervailing Marking Duty Discriminatory^
Duty Duty
Imposed upon Imposed upon Imposed upon Imposed uporT
foreign goods foreign goods those not goods coming
Nature with value enjoying subsidy properly from countries
lower than their thus allowing marked as to that discriminate
F M V to t h e t h e m to sell at place of origin against
detriment of lower prices to of the goods Philippine
local products the detriment of Products.
local products
similarly situated
Difference A n y amount noT
Amount between the Equivalent to the 5% ad exceeding 100%
or actual price bounty, subsidy valorem of as valorem of
Rate and the normal or subvention articles the subject
value of the articles
article
Special
Committee on
Anti-Dumping
( C o m p o s e d of
the Sec. of
Impo- Finance as Secretary of Commissioner President of the
sing Chairman; Finance of C u s t o m s Philippines
authori- M e m b e r s : Sec.
ty of Department
of Trade &
industry and
either the Sec.
of Agriculture if
article in
question is agri.
products or the
Sec. of Labor if
non-agri.
Answer.
a) Declaration by the importer of the importation, m a d e in:
866
1) Import entry - if c o m m e r c i a l quantity
b) Examination of g o o d s
c) A p p r a i s a l :
1) If ad v a l o r e m - valuation
d) Classification
e) A s s e s s m e n t o f taxes
1) Final liquidation
b) Final liquidation.
867
On articles abandoned or forfeited to or seized by the
Government, and then sold at public auction, the rates of duty and
tariff imposed on the date of the auction shall apply provided
that duty based on the weight, volume and quantity of articles shall
be levied and collected on the weight, volume and quantity at the
time of their entry into the warehouse or at the date of
abandonment, forfeiture and/or seizure.
Answer.
a) Harbor fee - it is payable by the o w n e r or operator of a vessel
for entrance into or departure f r o m a port of entry in the
Philippines.
868
G o v e r n m e n t to support its operation of the customs
service. (Associated Sugar, Inc. et. al., vs. Commissioner
of Customs, 25 November, 1982)
869
Arrastre charge defined:
Examples:
1. Certificate of Philippine registry
2. Coastwise license
3. Others
1 5 0 9 . D r a w b a c k d e f i n e d - It is a d e v i c e w h e r e b y g o o d s affected by
taxes are re-exported as if they are not taxed at all.
870
H e n c e , o n e (1) year after final liquidation, the matter can no
longer be r e o p e n e d except only in two cases:
1. protest is m a d e meanwhile
Answer.
a) If g o o d s have b e e n forfeited for violation of the Tariff and
C u s t o m s C o d e , t h e importer thereof m a y still be held criminally
liable;
871
e) Forfeiture may be waived by the Collector of Customs w h o may
instead impose a fine;
1513. W h e n is s m u g g l i n g c o m m i t t e d ?
872
1516. Port of entry defined:
873
5 No amendment of a cargo manifest shall be allowed when the
preceding invoice and/or entry shall have been received and
recorded in the Office of the Appraiser, E X C E P T when it is
obvious that a clerical error or any discrepancy has been
committed in the preparation of the manifest without any
fraudulent intent, discovery of which would not have been
made until after examination of the importation has been
completed.
1 5 1 9 . D i s t i n c t i o n s b e t w e e n a c a r g o m a n i f e s t a n d bill o f l a d i n g :
Answer.
C a r g o Manifest Bill of L a d i n g
It is a declaration of the entire cargo It is a declaration of a specific part of
the cargo
The object of a manifest is to This is prepared as a matter of
facilitate the labors of the customs business convenience based
authorities and to prevent the exclusively on a contract and
unlawful entry of goods into the d e s i g n e d to protect the importer or
country. consignee.
874
1520. Transit cargo defined:
Answer.
a) T h e importer as a holder of the bill of lading.
875
1524. C u s t o m s ' requirement as to the entry d o c u m e n t s :
1 5 2 8 . D i s t i n g u i s h t h e t w o (2) k i n d s o f i m p o r t e n t r y ?
Answer
Formal Entry Informal Entry
It is used to clear from customs
This is used to clear from custody b a g g a g e a c c o m p a n i e d by
customs custody commercial p a s s e n g e r s , s h i p m e n t s of parcels
shipments and the f o r m itself is through the mails and through the
filled out by the importer himself international airport with a dutiable
or his broker. value of Php 2K or less, a n d it is filled
out by the c u s t o m s e x a m i n e r himself
for the o w n e r or a d d r e s s e e of the
parcel.
876
1529. E x a m p l e s of importations that are cleared on an informal
entry:
Answer.
a) Articles of c o m m e r c i a l nature intended for sale, barter or hire,
the dutiable value of w h i c h is P h p 10,000.00.
Answer.
a) T h o s e intended for official use of foreign embassies, legation
and other a g e n c i e s of foreign g o v e r n m e n t ; provided the
Principle of Reciprocity is applicable.
877
1533. Coastwise trade defined:
878
1536. W h a t is t h e rule on overstaying imported articles on
board any vessel?
879
1540. What are considered "remains" of a w r e c k e d vessel?
Answer. The hull and rigging of the vessel including sea stores,
articles or equipment such as sails, ropes, chains anchors and
others.
Answer.
a) W h e n the vessel is of c o m m e r c i a l registry.
b) W h e n it is manifestly built for warlike purpose.
880
1544. Transactional value defined:
Answer.
a) He shall determine that the packages designated for
examination and their contents are in accordance with the
declaration in the entry, invoice and pertinent documents.
881
A Customs officer who fails to comply with the
aforesaid duties - shall be punished with a fine not less than
Php 5,000.00 nor more than Php 50,000.00 and imprisonment
for not less then one (1) year nor more than ten (10) years and
perpetual disqualification to hold public office, to vote and to
participate in any public election. (RA 7650, April 6, 1993)
In addition:
Answer.
a) Within O N E (1) Y E A R after p a y m e n t of the duties, upon
statement of error as provided under the Tariff and Customs
Code.
882
1548. M a y the import taxes be assessed for a lesser amount
than the entered values?
1 5 5 1 . Is t h e C o l l e c t o r a u t h o r i z e d to sell i m p o r t e d articles
w h o s e delivery is withheld for non-payment of customs
duties?
883
duties upon proper notice to the importer as in seizure cases to
cover the outstanding account or liability of the importer.
EXCEPTION -
Answer.
a) W h e n the Collector is duly notified in writing of a lien on
freight, lighterage or general a v e r a g e u p o n any imported
articles in his custody, unless he is satisfied that the claim
has been paid or s e c u r e d .
884
1554. W h a t are the rules on delivery of u n e x a m i n e d package?
Answer.
a) W h e n the articles are lost or destroyed while within the limits of
any port of entry prior to unlading under customs supervision.
885
c) While the articles aforesaid are in transit under irrevocable
domestic letter of credit, bank guarantee or bond with formal
entry in accordance with the T C C from the port of entry to any
port in the Philippines.
1559. R E M E D I E S O F T H E G O V E R N M E N T :
A n s w e r . A) Extrajudicial or A d m i n i s t r a t i v e -
886
1. Enforcement of Tax Lien:
887
How effected? Collector issues warrant for the detention of the
goods. Formal hearing is set, and the importer is notified
thereof. The Collector renders decision.
Appeals . . . .
3. Un-manifested c a r g o e s ;
888
1560. W h a t is the nature and purpose of seizure proceedings
under the T C C ?
Answer.
a) P r o c e e d i n g s in seizure c a s e s are actions in rem directed
against t h e property seized, not against the owner thereof. In
s u c h actions, the property itself is the defendant. T h e title of
the c a s e is, for instance, Republic of the Philippines vs. T w o
H o n d a A c c o r d Motor Vehicles. T h e r e is an actual trial as in
judicial proceedings (Pascual vs. Commr. of Customs,
4/29/66, Cigare vs. Commr. of Customs, 8/29/66, Vierneza
vs. Commr. of Customs, 7/30/61)
Answer.
a) T h e Collector issues a warrant for the detention or forfeiture of
the imported articles;
889
d) The Collector renders a declaration of forfeiture
890
The o w n e r or importer of the property m a y ask for the release
of his property under seizure provided the property is going to be
u s e d for legitimate purpose and u p o n filing of sufficient cash bond
in an a m o u n t to be fixed by the Collector of C u s t o m s subject to the
following conditions -
Answer.
a ) Importer
b) Consignee
c) A n y person holding the bill of lading
Answer.
a) By posting the notice for 15 days in the public corridor of the
customhouse of the district in which the seizure was made.
891
b) By publication in a newspaper.
If after fifteen (15) days the unknown owner fails to appear after
notification of seizure the Collector shall declare the property
forfeited to the government to be sold at auction in accordance with
law.
Answer.
a) By payment of fine, or
Answer.
a) T h e seizure case is still pending adjudication with the
Collector of C u s t o m s .
892
delivery by t h e s a m e person of any invoice, letter or paper - all
touching on the importation or exportation of merchandise;
A n s w e r . T h e C o m m i s s i o n e r of C u s t o m s w h e n sitting in forfeiture
proceedings constitutes a tribunal u p o n w h i c h the law confers
jurisdiction to d e t e r m i n e all questions touching the forfeiture and
further disposition of t h e illegally imported merchandise. (Auyong
Hian vs. CTA, 59 SCRA 110)
Answer.
a) In all proceedings t a k e n for the seizure and/or forfeiture of any
vehicle, v e s s e l , aircraft, beast or articles under the provisions
of the tariff and c u s t o m s laws, the burden of proof lies upon the
claimant;
893
1575. Distinguish b e t w e e n protest a n d forfeiture of imported
goods:
894
1577. Rule on forfeiture of vessels used in unlawful
importation:
Answer.
a) W h e n there is fraud
895
1579. Is there double j e o p a r d y in the civil r e m e d y of seizure
and forfeiture?
896
b) B r e a c h of b o n d ;
897
stores without such articles having been properly entered
or legally imported;
898
c o n s i g n e e concerning the importation or exportation of
s u c h articles;
1583. R E M E D I E S OF T H E T A X P A Y E R :
Protest
899
Elements of a valid protest -
a. It must be in writing;
900
3 If the decision favors the g o v e r n m e n t , the taxpayer must
appeal the s a m e to the C o m m i s s i o n e r , within fifteen (15)
d a y s f r o m receipt of notice, otherwise it b e c o m e s final. The
records of the case are automatically elevated w h e n
a p p e a l is t a k e n .
901
A) A p p e a l the same to the Commissioner of Customs within 15
days from receipt of said adverse decision.
C) R e f u n d
2. packages w e r e missing;
5. d e a d or injured animals.
F) A b a n d o n m e n t
902
c) g o o d s are placed within the area.
a) It m u s t be in writing;
H o w effected?
903
1585. M a y an importer submit bond in support of the release of
his g o o d s f r o m t h e c u s t o m s c u s t o d y ?
Answer.
a) The owner, importer, consignee or other interested party shall
be d e e m e d to have renounced all his interest and property
rights over the a b a n d o n e d imported articles;
1 5 8 7 . R e m e d y o f d e l i n q u e n t i m p o r t e d t o p r e v e n t t h e s a l e o f his
unpaid and undelivered shipment:
904
In effect, no injunction at all can be issued against the
Collector or C o m m i s s i o n e r for the e n f o r c e m e n t of payment or
seizure.
Answer.
a) Filing of bond - T h e importer or o w n e r m a y secure the
release of the property u p o n the filing of a sufficient bond in
an a m o u n t to be fixed by the Collector conditioned for the
p a y m e n t of t h e appraised v a l u e of the merchandise and/or
fine, e x p e n s e s a n d cost that m a y be a d j u d g e d in the case.
H o w e v e r , articles of prohibited importation cannot be
released under b o n d .
905
a) An automatic review is taken by the Commissioner of
Customs,
T h a t a d e c i s i o n is a d v e r s e to the g o v e r n m e n t is r e c k o n e d
f r o m the original a s s e s s m e n t .
Illustration:
906
hearing, the collector reconsiders and reduces the assessment to
Php 20,000.00. This is adverse not only to the importer, but also
to the g o v e r n m e n t b e c a u s e there w a s a diminution of the
a m o u n t . So the reckoning point is the original assessment. Once
it is r e d u c e d , it is d e e m e d a d v e r s e to the government, even if the
collector a c k n o w l e d g e s his mistake.
Answer.
a) T h o s e involving liability for c u s t o m s duties, fees or other money
charges;
907
1595. How is a claim for refund of duties a n d taxes effected
under the Tariff a n d C u s t o m s C o d e ?
908
3 Factors that indicate prima facie fraudulent importation:
909
3. By a person duly empowered to act as agent or
attorney-in-fact for such holder.
910
U n d e r the N I R C a n d the BIR: U n d e r the T C C , BC & T C :
b) O b s e r v a n c e of t h e c a n n o n s of a b) O b s e r v a n c e of the canons of a
sound tax s y s t e m . s o u n d tax s y s t e m .
h) Exhibition of certificate of p a y m e n t
of taxes at places of business, signs
to be exhibited by business e n g a g e d
in liquor or tobacco production or
sale
| NIRC TCC |
a) Inspection and investigation of 1
arriving and departing vessels and
a) Examination of accounting books
aircraft; and their "entry" and
and records, requiring issuance of
"clearance" before leaving; cargo
| invoices and receipts.
91 1
and passenger manifests and stores*
list; examination of "import entry"
required.
NIRC TCC
c) Posing the threat and liability for: c) Posing the threat and liability for:
1. interest 1. Interest
2. Surcharges 2. S u r c h a r g e s
3. Deportation 3. Deportation
4. Criminal liability 4. Criminal liability
5. Fines, forfeitures and other 5. Fines, forfeitures and other
penalties. penalties.
912
"Administrative Agencies enforcing Police A g e n c i e s .
Tax L a w s " .
h) Ordering termination of
accounting period.
1 5 9 9 . W H A T A R E T H E D I F F E R E N T C O E R C I V E (Extrajudicial) M E A N S
IN THE COLLECTION OF DELINQUENT TAXES:
NIRC TCC
a) Distraint (actual and constructive)
injunction is not generally
available; it m a y only be issued by
a) Collector may get goods on which
the C T A - proceeds are applied to
the g o v e r n m e n t has any claim for
the tax liability, surcharges and costs
unpaid duties, taxes, fees and other
of sale; any excess goes to the
charges.
taxpayer but any deficiency shall
also be for his account.
b) Levy b) No levy.
91 3
d) Enforcement of tax lien while the
goods are in customs custody or
control. The tax lien is beyond the
reach of the regular courts. The
proceeds are applied to the tax
d) Enforcement of tax lien. liability surcharges and cost of sale;
any excess goes to the taxpayer but
he is also subject to make good any
deficiency. This remedy is availed of
w h e n the importation is neither
prohibited nor irregular.
NIRC TCC
914
a) Filing claim for refund or 2. Refund - Abatement or
credit within 2 years drawback (if importation
regardless of any missing or deficient or if re-
supervening event. (Sec. exported). (Sees. 1701-
229) 1708, T C C )
N O T E : * P a y m e n t under protest is * Settlement of any seizure by
not necessary. p a y m e n t of fine or redemption of
* T a x p a y e r is given the right of foreclosed goods shall not be
r e d e m p t i o n within 1 year allowed in any case where
f r o m date of sale or forfeiture importation is absolutely prohibited
of the property sold. (Sec. or if released thereof is prohibited by
215) law. (Sec. 2 3 0 7 , T C C )
2. Criminal Action:
Acting erring and abusive
tax officials and/or
employees of the BIR.
915
N O T E : The taxpayer's judicial relief both under the NIRC and the
TCC may lie either with the CTA (exclusive in all cases
cognizable by it) or the ordinary courts (in all other cases).
PROBLEM EXERCISES
917
1604. W h a t treatment is a c c o r d e d to b a g g a g e of diplomats
stationed in the Philippines, a n d their office supplies and
e q u i p m e n t under the Tariff C o d e ?
Answer. They are not only exempt from duties and taxes and the
requirement of an informal and formal entry but also immune from
examination and search under condition of reciprocity.
Answer. Yes. Finance attache and all other attache's are included
in the e x e m p t i o n of one car. T h e y enjoy the benefits of exemption
from duties and taxes, including o n e motor vehicle upon the
dissolution of their mission.
918
1608. W h a t about packages imported by such diplomats by
freight or through the mail?
919
Mison vs. Natividad.
920
but a g r e e d to lease his vehicle only b e c a u s e X a n d Y
used to be c l a s s m a t e s in their high school days. X did
not k n o w that the g o o d s w e r e illegally i m p o r t e d .
921
1615. Grand Trading (GT) w a s the consignee of sacks of
refined s u g a r seized by the Collector of C u s t o m s on the
ground that these w e r e of foreign origin. However, In a
N o v e m b e r 3, 2002 decision, the Collector ordered the
r e l e a s e o f s u b j e c t s u g a r . T h i s d e c i s i o n w a s later
modified by the Collector finding that the sacks of sugar
w e r e really of f o r e i g n origin, s m u g g l e d into the country
and declared t h e m forfeited. GT c o n t e n d s that the
N o v e m b e r 3 decision b e c a m e final a n d executory in view
of the absence of an appeal therefrom by the aggrieved
party himself within the 15-day period provided in Sec.
2313 of the T C C . On the other hand, the Collector argued
that since the N o v e m b e r 3 d e c i s i o n w a s a d v e r s e to the
government, the case should have gone to the
Commissioner of Customs on automatic review
pursuant to Memorandum Order No. 20-87 which
implements Sec. 12 of the Integrated Reorganization
Plan. Is the N o v e m b e r decision of the Collector subject
to the automatic review of the Commissioner of
customs?
Answer.
a) the wrongful making by the owner, importer, exporter or
consignee of any declaration or affidavit, or the wrongful
making or delivery by the s a m e person of any invoice, letter or
922
paper - all touching on the importation or exportation of
merchandise;
923
Commission are not beyond the pale of certiorari jurisdiction of the
court. (2005 case. RE: Safeguard Measures Act)
1 6 2 0 . T h e B u r e a u o f C u s t o m s r a i d e d a n d s e i z e d g o o d s i n the
w a r e h o u s e of X Corporation on the belief that they were
unlawfully released f r o m t h e c u s t o m s c u s t o d y . X filed a
c a s e b e f o r e t h e r e g u l a r c o u r t q u e s t i o n i n g t h e validity
and regularity of the seizure and forfeiture proceeding.
Further, X believes that the right of the tax officials to
collect had a l r e a d y p r e s c r i b e d c o n s i d e r i n g that the
c u s t o m s officials a l l o w e d the release of the g o o d s from
c u s t o m s c u s t o d y with c l e a r a n c e s o t h e r w i s e h o w could
the g o o d s b e r e l e a s e d i f n o p a y m e n t w e r e m a d e relative
thereto? Will the action prosper?
924
p r o c e e d i n g s could be initiated by the c u s t o m s officials,
the court sheriff w e n t to the Bureau of C u s t o m s to serve
the writ of attachment. May the goods of X be the subject
of the writ of attachment? Reason.
925
the cargo plane to take off without peril and transport the goods to
its final destination. Such complementary or collateral use of the
plane for smuggling operation is sufficient for it to be deemed to
have been used unlawfully in the smuggling of undeclared goods.
926
n o w involved in the approval of the release of imported
articles. X inquires f r o m y o u the validity of the rules and
regulations issued by the Commissioner of Customs.
What is your position on the matter?
Answer.
a) Abandoned articles
927
1632. If articles or g o o d s are imported free of duties, taxes and
other charges, when is its importation deemed
terminated?
928
1636. To w h o m should the imported articles be delivered or
released?
929
1639. Is there n e e d for a s e a r c h w a r r a n t to go on board a
vessel or aircraft for t h e p u r p o s e of c o n d u c t i n g a search
thereof and the persons and articles therein?
Answer. Y e s .
Answer.
a) Arrastre charges
c) Berthing fees
d) T o n n a g e fees, and
e) Harbor fees.
930
1643. Are c o m m o n carriers subject to forfeiture?
Answer.
a) Identified goods that are conditionally-free from customs
duties as provided under the T C C .
931
c) Exemptions of international institutions, associations or
organizations pursuant to agreements and special laws
where the government is a signatory thereto.