Churchill v Concepcion
G.R. No. 11572 | September 22, 1916
Trent, J.
FACTS:
 Section 100 of Act 2339 imposed an annual tax of P4 per square meter
upon electric signs, billboards, and spaces used for posting or
displaying temporary signs, and all signs displayed on premises not
occupied by buildings.
 The section was amended by Act 2432, reducing the tax to P2 per
square meter. Francis A. Churchill and Stewart Tait, co-partners in
Mercantile Advertising Agency, owned a billboard to which they were
taxes at P104. The tax was paid under protest. Churchill and Tait
instituted the action to recover the amount.
 The argument of the Plaintiff is as follows:
o The billboard in question cost P300 to construct, that its
annual gross earning power is P268, and that the annual tax
is P104," found "that for a five years' period the gross income
from the billboard would be P1,340, and that the expenditures
for original construction and taxes would amount to P820,
leaving a balance of P520," held that "unless the tax equals
or exceeds the gross income, the court would hardly be
justified in declaring the tax confiscatory."
o The lower court failed to take into-consideration the pertinent
facts that the annual depreciation of the billboard is 20 per
cent; that at the end of five years the capital of P300 would be
completely lost;
o The plaintiffs are entitled to receive a reasonable rate of
interest on this capital; and that there should be charged
against the billboard its proportion of the overhead charges
such as labor, management, maintenance, rental of office
premises, rental or purchase of ground space for board,
repair, paints, oils, etc., resulting in an actual loss per year on
the business, instead of an apparent profit of P520 for five
years, or P44 for one year.
 If these contentions rested upon a sound basis it might be said that
the tax is, in a sense, confiscatory; but they do not, as we will attempt
to show from the evidence of record.
ISSUE:
W/N the Act is an arbitrary exercise of taxation
W/N the statute and the tax imposed void for lack of uniformity?
RULING:
No, the tax is valid.
RATIO
 It will thus be seen that the contention that the rates charged for
advertising cannot be raised is purely hypothetical, based entirely
upon the opinion of the plaintiffs, unsupported by actual test, and that
the plaintiffs themselves admit that a number of other persons have
voluntarily and without protest paid the tax herein complained of.
o Under these circumstances, can it be held as a matter of fact
that the tax is confiscatory or that, as a matter of law, the tax
is unconstitutional? Is the exercise of the taxing power of the
Legislature dependent upon and restricted by the opinion of
two interested witnesses? There can be but one answer to
these questions, especially in view of the fact that others are
paying the tax and presumably making a reasonable profit
from their business.
 It is further alleged that the tax in question is unconstitutional because
"the law herein complained of was enacted for the sole purpose of
destroying billboards and advertising business depending on the use
of signs or billboards." If it be conceded that the Legislature has the
power to impose a tax upon signs, signboards, and billboards, then
"the judicial cannot prescribed to the legislative department of the
Government limitation upon the exercise of its acknowledge powers."
(Veazie Bank vs. Fenno, 8 Wall., 533, 548.)
o That the Philippine Legislature has the power to impose such
taxes, we think there can be no serious doubt, because "the
power to impose taxes is one so unlimited in force and so
searching in extent, that the courts scarcely venture to declare
that it is subject to any restrictions whatever, except such as
rest in the discretion of the authority which exercises it. It
reaches to every trade or occupation; to every object of
industry, use, or enjoyment; to every species of possession;
and it imposes a burden which, in case of failure to discharge
it, may be followed by seizure and sale or confiscation of
property. No attribute of sovereignty is more pervading, and
at no point does the power of the government affect more
constantly and intimately all the relations of life than through
the exactions made under it." (Cooley's Constitutional
Limitations, 6th Edition, p. 587.)
 [IMPORTANT]: If a case were presented where the abuse of the
taxing power of the local legislature was so extreme as to make it
plain to the judicial mind that the power had been exercised for
the sole purpose of destroying rights which could not be
rightfully destroyed consistently with the principles of freedom
and justice upon which the Philippine Government rests, then it
would be the duty of the courts to say that such an arbitrary act
was not merely an abuse of the power, but was the exercise of an
authority not conferred. (McCray vs. U.S., supra.)
 o But the instant case is not one of that character, for the
reason that the tax herein complained of falls far short of
being confiscatory. Consequently, it cannot be held that the
Legislature has gone beyond the power conferred upon it by
the Philippine Bill in so far as the amount of the tax is
concerned.
 Uniformity in taxation means that all taxable articles or kinds of
property, of the same class, shall be taxed at the same rate. It does
not mean that all lands, chattels, securities, incomes, occupations,
franchises, privileges, necessities, and luxuries shall all be assessed
at the same rate. Different articles may be taxed at different amounts
provided the rate is uniform on the same class everywhere, with all
people, at all times.
 Herein, the Act imposes a tax of P2 per square meter or a fraction
thereof upon every electric sign, billboard, etc. Wherever found in the
Philippine Islands. The rule of taxation upon such signs is uniform
throughout the islands. The rule does not require taxes to be graded
according to the value of the subjects upon which they are imposed,
especially those levied as privilege or occupation taxes.

DECISION: Lower Court Affirmed