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Tolentino-V Secretary of Finance

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Tolentino v.

Secretary of Finance

FACTS:

PPI contends that by removing the exemption of the press from the VAT while maintaining those
granted to others, the law discriminates against the press. CREBA asserts that R.A. No. 7716 impairs the
obligations of contracts, and violates the rule that taxes should be uniform and equitable and that
Congress shall “evolve a progressive system of taxation”.

CUP argues that legislature was to adopt a definite policy of granting tax exemption to cooperatives that
the present Constitution embodies provisions on cooperatives. To subject cooperatives to the VAT
would, therefore, be to infringe a constitutional policy.

ISSUE:

Whether or not RA 7716 is unconstitutional.

RULING:

No. In withdrawing the exemption, the law merely subjects the press to the same tax burden to which
other businesses have long ago been subject. The VAT is not a license tax. It is imposed purely for
revenue purposes.

Equality and uniformity of taxation mean that all taxable articles or kinds of property of the same class
be taxed at the same rate. It is enough that the statute or ordinance applies equally to all persons, firms,
and corporations placed in similar situation

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