PUNSALAN VS. MUNICIPAL BOARD OF MANILA [95 PHIL 46; NO.L-4817; 26 MAY 1954]
Facts: Petitioners, who are professionals in the city, assail Ordinance No. 3398 together with the law authorizing it
(Section 18 of the Revised Charter of the City of Manila). The ordinance imposes a municipal occupation tax on persons
exercising various professions in the city and penalizes non-payment of the same. The law authorizing said ordinance
empowers the Municipal Board of the city to impose a municipal occupation tax on persons engaged in various
professions. Petitioners, having already paid their occupation tax under section 201 of the National Internal Revenue
Code, paid the tax under protest as imposed by Ordinance No. 3398. The lower court declared the ordinance invalid and
affirmed the validity of the law authorizing it.
Issue: Whether or Not the ordinance and law authorizing it constitute class legislation, and authorize what amounts to
double taxation.
Held: The Legislature may, in its discretion, select what occupations shall be taxed, and in its discretion may tax all, or
select classes of occupation for taxation, and leave others untaxed. It is not for the courts to judge which cities or
municipalities should be empowered to impose occupation taxes aside from that imposed by the National Government.
That matter is within the domain of political departments. The argument against double taxation may not be invoked if
one tax is imposed by the state and the other is imposed by the city. It is widely recognized that there is nothing
inherently terrible in the requirement that taxes be exacted with respect to the same occupation by both the state and
the political subdivisions thereof. Judgment of the lower court is reversed with regards to the ordinance and affirmed as
to the law authorizing it.
JOHN H. OSMEA vs. OSCAR ORBOS et al G.R. No. 99886 March 31, 1993
FACTS: October 10, 1984, President Ferdinand Marcos issued P.D. 1956 creating a Special Account in the General Fund,
designated as the Oil Price Stabilization Fund (OPSF). The OPSF was designed to reimburse oil companies for cost
increases in crude oil and imported petroleum products resulting from exchange rate adjustments and from increases in
the world market prices of crude oil. Subsequently, the OPSF was reclassified into a "trust liability account,". President
Corazon C. Aquino promulgated E. O. 137 expanding the grounds for reimbursement to oil companies for possible cost
under recovery incurred as a result of the reduction of domestic prices of petroleum products.
The petitioner argues inter alia that "the monies collected pursuant to . . P.D. 1956, as amended, must be treated as a
'SPECIAL FUND,' not as a 'trust account' or a 'trust fund,' and that "if a special tax is collected for a specific purpose, the
revenue generated therefrom shall 'be treated as a special fund' to be used only for the purpose indicated, and not
channeled to another government objective." Petitioner further points out that since "a 'special fund' consists of monies
collected through the taxing power of a State, such amounts belong to the State, although the use thereof is limited to
the special purpose/objective for which it was created."
ISSUE: Whether or not the funds collected under PD 1956 is an exercise of the power of taxation
RULING: The levy is primarily in the exercise of the police power of the State. While the funds collected may be referred
to as taxes, they are exacted in the exercise of the police power of the State.
What petitioner would wish is the fixing of some definite, quantitative restriction, or "a specific limit on how much to
tax." The Court is cited to this requirement by the petitioner on the premise that what is involved here is the power of
taxation; but as already discussed, this is not the case. What is here involved is not so much the power of taxation as
police power. Although the provision authorizing the ERB to impose additional amounts could be construed to refer to
the power of taxation, it cannot be overlooked that the overriding consideration is to enable the delegate to act with
expediency in carrying out the objectives of the law which are embraced by the police power of the State.
It would seem that from the above-quoted ruling, the petition for prohibition should fail.
LLADOC VS. COMMISSIONER OF INTERNAL REVENUE [14 SCRA 292; NO.L-19201; 16 JUN 1965]
Facts: Sometime in 1957, M.B. Estate Inc., of Bacolod City, donated 10,000.00 pesos in cash to Fr. Crispin Ruiz, the parish
priest of Victorias, Negros Occidental, and predecessor of Fr. Lladoc, for the construction of a new Catholic church in the
locality. The donated amount was spent for such purpose.
On March 3, 1958, the donor M.B. Estate filed the donor's gift tax return. Under date of April 29, 1960. Commissioner of
Internal Revenue issued an assessment for the donee's gift tax against the Catholic Parish of Victorias of which petitioner
was the parish priest.
Issue: Whether or not the imposition of gift tax despite the fact the Fr. Lladoc was not the Parish priest at the time of
donation, Catholic Parish priest of Victorias did not have juridical personality as the constitutional exemption for
religious purpose is valid.
Held: Yes, imposition of the gift tax was valid, under Section 22(3) Article VI of the Constitution contemplates exemption
only from payment of taxes assessed on such properties as Property taxes contra distinguished from Excise taxes The
imposition of the gift tax on the property used for religious purpose is not a violation of the Constitution. A gift tax is not
a property by way of gift inter vivos.
The head of the Diocese and not the parish priest is the real party in interest in the imposition of the donee's tax on the
property donated to the church for religious purpose.