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BARREDO, J.:p
Petition for review of the decision of the Court of Tax Appeals in CTA Case No. 617,
similarly entitled as above, holding that petitioners have constituted an unregistered
partnership and are, therefore, subject to the payment of the deficiency corporate income
taxes assessed against them by respondent Commissioner of Internal Revenue for the
years 1955 and 1956 in the total sum of P21,891.00, plus 5% surcharge and 1% monthly
interest from December 15, 1958, subject to the provisions of Section 51 (e) (2) of the
Internal Revenue Code, as amended by Section 8 of Republic Act No. 2343 and the costs
of the suit,1 as well as the resolution of said court denying petitioners' motion for
reconsideration of said decision.
The facts are stated in the decision of the Tax Court as follows:
Julia Buñales died on March 23, 1944, leaving as heirs her surviving spouse, Lorenzo T.
Oña and her five children. In 1948, Civil Case No. 4519 was instituted in the Court of First
Instance of Manila for the settlement of her estate. Later, Lorenzo T. Oña the surviving
spouse was appointed administrator of the estate of said deceased (Exhibit 3, pp. 34-41,
BIR rec.). On April 14, 1949, the administrator submitted the project of partition, which
was approved by the Court on May 16, 1949 (See Exhibit K). Because three of the heirs,
namely Luz, Virginia and Lorenzo, Jr., all surnamed Oña, were still minors when the
project of partition was approved, Lorenzo T. Oña, their father and administrator of the
estate, filed a petition in Civil Case No. 9637 of the Court of First Instance of Manila for
appointment as guardian of said minors. On November 14, 1949, the Court appointed
him guardian of the persons and property of the aforenamed minors (See p. 3, BIR rec.).
The project of partition (Exhibit K; see also pp. 77-70, BIR rec.) shows that the heirs have
undivided one-half (1/2) interest in ten parcels of land with a total assessed value of
P87,860.00, six houses with a total assessed value of P17,590.00 and an undetermined
amount to be collected from the War Damage Commission. Later, they received from said
Commission the amount of P50,000.00, more or less. This amount was not divided
among them but was used in the rehabilitation of properties owned by them in common
(t.s.n., p. 46). Of the ten parcels of land aforementioned, two were acquired after the death
of the decedent with money borrowed from the Philippine Trust Company in the amount
of P72,173.00 (t.s.n., p. 24; Exhibit 3, pp. 31-34 BIR rec.).
The project of partition also shows that the estate shares equally with Lorenzo T. Oña,
the administrator thereof, in the obligation of P94,973.00, consisting of loans contracted
by the latter with the approval of the Court (see p. 3 of Exhibit K; or see p. 74, BIR rec.).
Although the project of partition was approved by the Court on May 16, 1949, no attempt
was made to divide the properties therein listed. Instead, the properties remained under
the management of Lorenzo T. Oña who used said properties in business by leasing or
selling them and investing the income derived therefrom and the proceeds from the sales
thereof in real properties and securities. As a result, petitioners' properties and
investments gradually increased from P105,450.00 in 1949 to P480,005.20 in 1956 as
can be gleaned from the following year-end balances:
Year Investment Land Building
(See Exhibits 3 & K t.s.n., pp. 22, 25-26, 40, 50, 102-104)
From said investments and properties petitioners derived such incomes as profits from
installment sales of subdivided lots, profits from sales of stocks, dividends, rentals and
interests (see p. 3 of Exhibit 3; p. 32, BIR rec.; t.s.n., pp. 37-38). The said incomes are
recorded in the books of account kept by Lorenzo T. Oña where the corresponding shares
of the petitioners in the net income for the year are also known. Every year, petitioners
returned for income tax purposes their shares in the net income derived from said
properties and securities and/or from transactions involving them (Exhibit 3, supra; t.s.n.,
pp. 25-26). However, petitioners did not actually receive their shares in the yearly income.
(t.s.n., pp. 25-26, 40, 98, 100). The income was always left in the hands of Lorenzo T.
Oña who, as heretofore pointed out, invested them in real properties and securities. (See
Exhibit 3, t.s.n., pp. 50, 102-104).
On the basis of the foregoing facts, respondent (Commissioner of Internal Revenue)
decided that petitioners formed an unregistered partnership and therefore, subject to the
corporate income tax, pursuant to Section 24, in relation to Section 84(b), of the Tax
Code. Accordingly, he assessed against the petitioners the amounts of P8,092.00 and
P13,899.00 as corporate income taxes for 1955 and 1956, respectively. (See Exhibit 5,
amended by Exhibit 17, pp. 50 and 86, BIR rec.). Petitioners protested against the
assessment and asked for reconsideration of the ruling of respondent that they have
formed an unregistered partnership. Finding no merit in petitioners' request, respondent
denied it (See Exhibit 17, p. 86, BIR rec.). (See pp. 1-4, Memorandum for Respondent,
June 12, 1961).
The original assessment was as follows:
1955
Net income as per investigation ................ P40,209.89
The foregoing journal entry, however, does not prove that the amount of
₱4,966,207,796.41, representing the 20% final withholding tax on the PEACe Bonds, was
disbursed by it and remitted to the Bureau of Internal Revenue on October 18, 2011. The
entries merely show that the monies corresponding to 20% final withholding tax was set
aside for remittance to the Bureau of Internal Revenue.
We recall the November 15, 2011 resolution issued by this court directing respondents to
"show cause why they failed to comply with the [TRO]; and [to] comply with the [TRO] in
order that petitioners may place the corresponding funds in escrow pending resolution of
the petition."245 The 20% final withholding tax was effectively placed in custodia legiswhen
this court ordered the deposit of the amount in escrow. The Bureau of Treasury could still
release the money withheld to petitioners for the latter to place in escrow pursuant to this
court’s directive. There was no legal obstacle to the release of the 20% final withholding
tax to petitioners. Congressional appropriation is not required for the servicing of public
debts in view of the automatic appropriations clause embodied in Presidential Decree
Nos. 1177 and 1967.
Section 31 of Presidential Decree No. 1177 provides:
Section 31. Automatic Appropriations. All expenditures for (a) personnel retirement
premiums, government service insurance, and other similar fixed expenditures, (b)
principal and interest on public debt, (c) national government guarantees of obligations
which are drawn upon, are automatically appropriated: provided, that no obligations shall
be incurred or payments made from funds thus automatically appropriated except as
issued in the form of regular budgetary allotments.
Section 1 of Presidential Decree No. 1967 states:
Section 1. There is hereby appropriated, out of any funds in the National Treasury not
otherwise appropriated, such amounts as may be necessary to effect payments on
foreign or domestic loans, or foreign or domestic loans whereon creditors make a call on
the direct and indirect guarantee of the Republic of the Philippines, obtained by:
a. the Republic of the Philippines the proceeds of which were relent to government-owned
or controlled corporations and/or government financial institutions;
b. government-owned or controlled corporations and/or government financial institutions
the proceeds of which were relent to public or private institutions;
c. government-owned or controlled corporations and/or financial institutions and
guaranteed by the Republic of the Philippines;
d. other public or private institutions and guaranteed by government owned or controlled
corporations and/or government financial institutions.
The amount of ₱35 billion that includes the monies corresponding to 20% final withholding
tax is a lawfuland valid obligation of the Republic under the Government Bonds. Since
said obligation represents a public debt, the release of the monies requires no legislative
appropriation.
Section 2 of Republic Act No. 245 likewise provides that the money to be used for the
payment of Government Bonds may be lawfully taken from the continuing appropriation
out of any monies in the National Treasury and is not required to be the subject of another
appropriation legislation: SEC. 2. The Secretary of Finance shall cause to be paid out of
any moneys in the National Treasury not otherwise appropriated, or from any sinking
funds provided for the purpose by law, any interest falling due, or accruing, on any portion
of the public debt authorized by law. He shall also cause to be paid out of any such money,
or from any such sinking funds the principal amount of any obligations which have
matured, or which have been called for redemption or for which redemption has been
demanded in accordance with terms prescribed by him prior to date of issue. . . In the
case of interest-bearing obligations, he shall pay not less than their face value; in the case
of obligations issued at a discount he shall pay the face value at maturity; or if redeemed
prior to maturity, such portion of the face value as is prescribed by the terms and
conditions under which such obligations were originally issued. There are hereby
appropriated as a continuing appropriation out of any moneys in the National Treasury
not otherwise appropriated, such sums as may be necessary from time to time to carry
out the provisions of this section. The Secretary of Finance shall transmit to Congress
during the first month of each regular session a detailed statement of all expenditures
made under this section during the calendar year immediately preceding.
Thus, DOF Department Order No. 141-95, as amended, states that payment for Treasury
bills and bonds shall be made through the National Treasury’s account with the Bangko
Sentral ng Pilipinas, to wit:
Section 38. Demand Deposit Account.– The Treasurer of the Philippines maintains a
Demand Deposit Account with the Bangko Sentral ng Pilipinas to which all proceeds from
the sale of Treasury Bills and Bonds under R.A. No. 245, as amended, shall be credited
and all payments for redemption of Treasury Bills and Bonds shall be charged.1âwphi1
Regarding these legislative enactments ordaining an automatic appropriations provision
for debt servicing, this court has held:
Congress . . . deliberates or acts on the budget proposals of the President, and Congress
in the exercise of its own judgment and wisdom formulates an appropriation act precisely
following the process established by the Constitution, which specifies that no money may
be paid from the Treasury except in accordance with an appropriation made by law.
Debt service is not included inthe General Appropriation Act, since authorization therefor
already exists under RA Nos. 4860 and 245, as amended, and PD 1967. Precisely in the
light of this subsisting authorization as embodied in said Republic Acts and PD for debt
service, Congress does not concern itself with details for implementation by the
Executive, butlargely with annual levels and approval thereof upon due deliberations as
part of the whole obligation program for the year. Upon such approval, Congress has
spoken and cannot be said to havedelegated its wisdom to the Executive, on whose part
lies the implementation or execution of the legislative wisdom.246 (Citation omitted)
Respondent Bureau of Treasury had the duty to obey the temporary restraining order
issued by this court, which remained in full force and effect, until set aside, vacated, or
modified. Its conduct finds no justification and is reprehensible.247
WHEREFORE, the petition for review and petitions-in-intervention are GRANTED. BIR
Ruling Nos. 370-2011 and DA 378-2011 are NULLIFIED.
Furthermore, respondent Bureau of Treasury is REPRIMANDED for its continued
retention of the amount corresponding to the 20% final withholding tax despite this court's
directive in the temporary restraining order and in the resolution dated November 15,
2011 to deliver the amounts to the banks to be placed in escrow pending resolution of
this case.
Respondent Bureau of Treasury is hereby ORDERED to immediately ·release and pay
to the bondholders the amount corresponding-to the 20% final withholding tax that it
withheld on October 18, 2011.
Verily, the absence of any amount written in the Prior Year excess Credit – Tax Withheld
portion of petitioner’s 2004 annual ITR clearly shows that no prior excess credits were
carried over in the first four quarters of 2004. And since petitioner was able to sufficiently
prove that excess tax credits in 2003 were not carried over to taxable year 2004 by leaving
the item "Prior Year’s Excess Credits" as blank in its 2004 annual ITR, then petitioner is
entitled to a refund. Unfortunately, the CTA, in denying entirely the claim, merely relied
on the absence of the quarterly ITRs despite being able to verify the truthfulness of the
declaration that no carry over was indeed effected by simply looking at the 2004 annual
ITR.
At this point, worth mentioning is the fact that subsequent cases affirm the proposition as
correctly pointed out by petitioner. State Land, PERF and Mirantreiterated the rule that
the presentation of the quarterly ITRs of the subsequent year is not mandatory on the part
of the claimant to prove its claims.
There are some who challenges the applicability of PERF in the case at bar. It is said that
PERFis not in point because the Annual ITR for the succeeding year had actually been
attached to PERF’s motion for reconsideration with the CTA and had formed part of the
records of the case. Clearly, if the Annual ITR has been recognized by this Court in PERF,
why then would the submitted 2004 Annual ITR in this case be insufficient despite the
absence of the quarterly ITRs? Why then would this Court require more than what is
enough and deny a claim even if the minimum burden has been overcome? At best, the
existence of quarterly ITRs would have the effect of strengthening a proven fact. And as
such, may only be considered corroborative evidence, obviously not indispensable in
character. PERF simply affirms that quarterly ITRs are not indispensable, provided that
there is sufficient proof that carrying over excess CWT was not effected.
Stateland and Mirantare equally challenged. In all these cases however, the factual
distinctions only serve to bolster the proposition that succeeding quarterly ITRs are not
indispensable. Implicit from all these cases is the Court’s recognition that proving carry-
over is an evidentiary matter and that the submission of quarterly ITRs is but a means to
prove the fact of one’s entitlement to a refund and not a condition sine qua non for the
success of refund. True, it would have been better, easier and more efficient for the CTA
and the CIR to have as basis the quarterly ITRs, but it is not the only way considering
further that in this case, the Annual ITR for 2004 is sufficient. Courts are here to
painstakingly weigh evidence so that justice and equity in the end will prevail.
It must be emphasized that once the requirements laid down by the NIRC have been met,
a claimant should be considered successful in discharging its burden of proving its right
to refund. Thereafter, the burden of going forward with the evidence, as distinct from the
general burden of proof, shifts to the opposing party,25 that is, the CIR. It is then the turn
of the CIR to disprove the claim by presenting contrary evidence which could include the
pertinent ITRs easily obtainable from its own files.
All along, the CIR espouses the viewthat it must be given ample opportunity to investigate
the veracity of the claims. Thus, the Court asks: In the process of investigation at the
administrative level to determine the right of the petitioner to the claimed amount, did the
CIR, with all its resources even attempt to verify the quarterly ITRsit had in its files?
Certainly, it did not as the application was met by the inaction of the CIR. And if desirous
in its effort to clearly verify petitioner’s claim, it should have had the time, resources and
the liberty to do so. Yet, nothing was produced during trial to destroy the prima facie right
of the petitioner by counterchecking the claims with the quarterly ITRs the CIR has on its
file. To the Court, it seems that the CIR languished on its duties to ascertain the veracity
of the claims and just hoped that the burden would fall on the petitioner’s head once the
issue reaches the courts.
This mindset ignores the rule that the CIR has the equally important responsibility of
contradicting petitioner’s claim by presenting proof readily on hand once the burden of
evidence shifts to its side. Claims for refund are civil in nature and as such, petitioner, as
claimant, though having a heavy burden of showing entitlement, need only prove
preponderance of evidence in order to recover excess credit in cold cash. To review,
"[P]reponderance of evidence is [defined as] the weight, credit, and value of the aggregate
evidence on either sideand is usually considered to be synonymous with the term ‘greater
weight of the evidence’ or ‘greater weight of the credible evidence.’ It is evidence which
is more convincing to the court asworthy of belief than that which is offered in opposition
thereto.26
The CIR must then be reminded that in Philam, the CIR’s "failure to present[the quarterly
ITRs and AFR] to support its contention against the grant of a tax refund to [a claimant]
is certainly fatal." PERF reinforces this with a sweeping statement holding that the
verification process is not incumbent on PERF[or any claimant for that matter]; [but] is the
duty of the CIR to verify whether xxx excess incometaxes [have been carried over].
And should there be a possibility that a claimant may have violated the irrevocability rule
and thereafter claim twice from its credits, no one is to be blamed but the CIR for not
discharging its burden of evidence to destroy a claimant’s right to a refund. At any rate, a
claimant who defrauds the government cannot escape liability be it criminal or civil in
nature.
Verily, with the petitioner having complied with the requirements for refund, and without
the CIR showing contrary evidence other than its bare assertion of the absence of the
quarterly ITRs, copies of which are easily verifiable by its very own records, the burden
of proof of establishing the propriety of the claim for refund has been sufficiently
discharged. Hence, the grant of refund is proper.
The Court does not, and cannot, however, grant the entire claimed amount as it finds no
error in the original decision of the CTA Division granting refund to the reduced amount
of ₱2,737,903.34. This finding of fact is given respect, if not finality, as the CTA,27 which
by the very nature of its functions of dedicating itself exclusively to the consideration of
the tax problems has necessarily developed an expertise on the subject.28 It being the
case, the Court partly grants this petition to the extent of reinstating the April 23, 2010
original decision of the CTA Division.
The Court reminds the CIR that substantial justice, equity and fair play take precedence
over technicalities and legalisms.1âwphi1 The government must keep in mind that it has
no right to keep the rponey not belonging to it, thereby enriching itself at the expense of
the law-abiding citizen29 or entities who have complied with the requirements of the law
in order to forward the claim for refund. Under the principle of solution ihdebiti provided in
Article 2154 of the Civil Code, the CIR must return anythihg it has received.30
Finally, even assuming that the Court reverses itself and pronounces the indispensability
of presenting the quarterly ITRs to prove entitlement to the claimed refund, petitioner
should not be Brejudiced for relying on Philam. The CTA En Banc merely based its
pronouncement on a case that does not enjoy the benefit of stare decis et non quieta
movere which means "to adhere to precedents, and not to unsettle things which are
established."31 As between a CTA En Banc Decision (Millennium) and this Court's
Decision (Philam), it is elementary that the latter should prevail.
WHEREFORE, the Court partly grants the petition. The March 22, 2013 Decision of the
Court of Tax Appeals En Banc is REVERSED. The April 13, 2010 Decision of the Court
of Tax Appeals Special First Division is REINSTATED. Respondent Commissioner of
Internal Revenue is ordered to REFUND to petitioner the amount of ₱2,737,903.34 as
excess creditable withholding tax paid for taxable year 2003.
SO ORDERED.