E.

THEORY AND BASIS OF TAXATION 

 

I. Necessity  III. Benefit - Protection 

   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
II. Ability to Pay  IV. Lifeblood theory 
  1. No injunction rule; Exception 
  Section 11, RA 1125, as amended by RA 9282 
  SEC. 11. Who May Appeal; Mode of Appeal; Effect of
  Appeal. - Any party adversely affected by a decision,
ruling or inaction of the Commissioner of Internal
 
Revenue, the Commissioner of Customs, the
  Secretary of Finance, the Secretary of Trade and
Industry or the Secretary of Agriculture or the Central
 
Board of Assessment Appeals or the Regional Trial
  Courts may file an appeal with the CTA within thirty
  (30) days after the receipt of such decision or ruling or
after the expiration of the period fixed by law for action
  as referred to in Section 7(a)(2) herein.
 
"Appeal shall be made by filing a petition for review
  under a procedure analogous to that provided for
  under Rule 42 of the 1997 Rules of Civil Procedure
with the CTA within thirty (30) days from the receipt of
 
the decision or ruling or in the case of inaction as
  herein provided, from the expiration of the period fixed
by law to act thereon. A Division of the CTA shall hear
 
the appeal: Provided, however, That with respect to
  decisions or rulings of the Central Board of
  Assessment Appeals and the Regional Trial Court in
the exercise of its appellate jurisdiction appeal shall be

 
SINSUAT, Bai Johara Irynna Bandila 
E. THEORY AND BASIS OF TAXATION 
 
made by filing a petition for review under a procedure
analogous to that provided for under rule 43 of the
1997 Rules of Civil Procedure with the CTA, which
shall hear the case en banc.

"All other cases involving rulings, orders or decisions

filed with the CTA as provided for in Section 7 shall be
raffled to its Divisions. A party adversely affected by a  
ruling, order or decision of a Division of the CTA may * The prohibition on the issuance of a writ of injunction to
file a motion for reconsideration of new trial before the
enjoin the collection of taxes applies only to national
same Division of the CTA within fifteens (15) days
from notice thereof: Provide, however, That in criminal internal revenue taxes, and not to local taxes.
cases, the general rule applicable in regular Courts on
matters of prosecution and appeal shall likewise
*​Issue
apply.

"No appeal taken to the CTA from the decision of the Being a special civil action for certiorari, the issue in the
Commissioner of Internal Revenue or the
instant case is limited to the determination of whether
Commissioner of Customs or the Regional Trial Court,
provincial, city or municipal treasurer or the Secretary the RTC gravely abused its discretion in issuing the writ
of Finance, the Secretary of Trade and Industry and of preliminary injunction enjoining Angeles City and its
Secretary of Agriculture, as the case may be shall
City Treasurer from levying, selling, and disposing the
suspend the payment, levy, distraint, and/or sale of
any property of the taxpayer for the satisfaction of his properties of AEC. All other matters pertaining to the
tax liability as provided by existing law: Provided, validity of the tax assessment and AEC’s tax exemption
however, That when in the opinion of the Court the
must therefore be left for the determination of the RTC
collection by the aforementioned government
agencies may jeopardize the interest of the where the main case is pending decision.
Government and/or the taxpayer the Court any stage
of the proceeding may suspend the said collection and
Petitioner’s Arguments
require the taxpayer either to deposit the amount
claimed or to file a surety bond for not more than
double the amount with the Court. Petitioner’s main argument is that the collection of taxes
cannot be enjoined by the RTC, citing Valley Trading
"In criminal and collection cases covered respectively
by Section 7(b) and (c) of this Act, the Government Co., Inc. v. Court of First Instance of Isabela, Branch
may directly file the said cases with the CTA covering II,23 wherein the lower court’s denial of a motion for the
amounts within its exclusive and original jurisdiction.
issuance of a writ of preliminary injunction to enjoin the
  collection of a local tax was upheld. Petitioner further
Angeles City v. Angeles Electric  reasons that since the levy and auction of the properties
of a delinquent taxpayer are proper and lawful acts
specifically allowed by the LGC, these cannot be the
subject of an injunctive writ. Petitioner likewise insists
that AEC must first pay the tax before it can protest the
assessment. Finally, petitioner contends that the tax
exemption claimed by AEC has no legal basis because
RA 4079 has been expressly repealed by the LGC.

Private respondent’s Arguments

Private respondent AEC on the other hand asserts that

there was no grave abuse of discretion on the part of the
RTC in issuing the writ of preliminary injunction because
it was issued after due notice and hearing, and was
necessary to prevent the petition from becoming moot.
In addition, AEC claims that the issuance of the writ of
injunction was proper since the tax assessment issued

 
SINSUAT, Bai Johara Irynna Bandila 
E. THEORY AND BASIS OF TAXATION 
 
by the City Treasurer is not yet final, having been viewed, may have allowed preliminary injunction where
seasonably appealed pursuant to Section 19524 of the local taxes are involved but cannot negate the
LGC. AEC likewise points out that following the case of procedural rules and requirements under Rule 58.32
Pantoja v. David,25 proceedings to invalidate a warrant
of distraint and levy to restrain the collection of taxes do In light of the foregoing, petitioner’s reliance on the
not violate the prohibition against injunction to restrain above-cited case to support its view that the collection of
the collection of taxes because the proceedings are taxes cannot be enjoined is misplaced. The lower court’s
directed at the right of the City Treasurer to collect the denial of the motion for the issuance of a writ of
tax by distraint or levy. As to its tax liability, AEC preliminary injunction to enjoin the collection of the local
maintains that it is exempt from paying local business tax was upheld in that case, not because courts are
tax. In any case, AEC counters that the issue of whether prohibited from granting such injunction, but because the
it is liable to pay the assessed local business tax is a circumstances required for the issuance of writ of
factual issue that should be determined by the RTC and injunction were not present.
not by the Supreme Court via a petition for certiorari
under Rule 65 of the Rules of Court. Nevertheless, it must be emphasized that although there
is no express prohibition in the LGC, injunctions
Our Ruling enjoining the collection of local taxes are frowned upon.
Courts therefore should exercise extreme caution in
We find the petition bereft of merit. issuing such injunctions.

The LGC does not specifically prohibit an injunction *While we are mindful that the damage to a taxpayer’s
enjoining the collection of taxes property rights generally takes a back seat to the
paramount need of the State for funds to sustain
A principle deeply embedded in our jurisprudence is that governmental functions,40 this rule finds no application
taxes being the lifeblood of the government should be in the instant case where the disputed tax assessment is
collected promptly,26 without unnecessary hindrance27 not yet due and demandable. Considering that AEC was
or delay.28 In line with this principle, the National able to appeal the denial of its protest within the period
Internal Revenue Code of 1997 (NIRC) expressly prescribed under Section 195 of the LGC, the collection
provides that no court shall have the authority to grant of business taxes41 through levy at this time is, to our
an injunction to restrain the collection of any national mind, hasty, if not premature.42 The issues of tax
internal revenue tax, fee or charge imposed by the exemption, double taxation, prescription and the alleged
code.29 An exception to this rule obtains only when in retroactive application of the RRCAC, raised in the
the opinion of the Court of Tax Appeals (CTA) the protest of AEC now pending with the RTC, must first be
collection thereof may jeopardize the interest of the resolved before the properties of AEC can be levied. In
government and/or the taxpayer.30 the meantime, AEC’s rights of ownership and
possession must be respected.
The situation, however, is different in the case of the
collection of local taxes as there is no express provision 2. Strict Construction 
in the LGC prohibiting courts from issuing an injunction  
to restrain local governments from collecting taxes.
Thus, in the case of Valley Trading Co., Inc. v. Court of
First Instance of Isabela, Branch II, cited by the
petitioner, we ruled that:

Unlike the National Internal Revenue Code, the Local

Tax Code31 does not contain any specific provision
prohibiting courts from enjoining the collection of local
taxes. Such statutory lapse or intent, however it may be

 
SINSUAT, Bai Johara Irynna Bandila