(TAX) Republic Vs Soriano
(TAX) Republic Vs Soriano
(TAX) Republic Vs Soriano
Q: Define taxation.
3. by apportioning the cost among those who, in some measure are privileged to enjoy its benefits and,
therefore, must bear its burdens. (51 Am.Jur. 34)
B. Charateristics of Taxation
A: CUPS
2. Unlimited - It is so unlimited in force and searching in extent that courts scarcely venture to declare
that it is subject to any restrictions, except those that such rests in the discretion of the authority which
exercises it. (Tio v. Videogram Regulatory Board, G.R. No. 75697, June 18, 1987)
3. Plenary - It is complete. Under the NIRC, the BIR may avail of certain remedies to ensure the collection
of taxes.
Q: May a legislative body enact laws to raise revenues in the absence of constitutional provisions granting said body the
power of tax? Explain.
A: Yes. It must be noted that Constitutional provision relating to the power of taxation do not operate as grants of the power of
taxation to the government, but instead merely constitute a limitation upon a power which would otherwise be practically
without limit. (2005 Bar Question)
Q: Distinguish National Government from Local Government Unit as regards the exercise of power of taxation.
A:
1. National Government – inherent
2. Local Government Unit – not inherent since it is merely an agency instituted by the State for the purpose of carrying out in
detail the objects of the government; can only impose taxes when there is:
a. Constitutionally mandated grant
b. Legislative grant, derived from the 1987 Constitution, Section 5, Article X.
Legislative in Character
Q: Why is the power of taxation legislative in nature?
A: It is legislative in nature since it involves promulgation of laws. It is the Legislature which determines the coverage, object,
nature, extent and situs of the tax to be imposed.
F. Purpose of Taxation
2. Non-revenue [PR2EP]
a. Promotion of general welfare – taxation may be used as an implement of police power to promote the general welfare of the
people.
b. Regulation of activities/industries
c. Reduction of Social inequality – a progressive system of taxation prevents the undue concentration of wealth in the hands of
few individuals. Progressivity is based on the principle that those who are able to pay more should shoulder the bigger portion
of the tax burden.
d. Encourage economic growth – the grant of incentives or exemptions encourage investment thereby stimulating economic
activity.
e. Protectionism – In case of foreign importations, protective tariffs and customs are imposed to protect local industries.
G. Definition, Nature, and Characteristics of Taxes