strictly against government, liberally in favour of taxpayer; for taxes, being burdens, not to be presumed beyond
Martin Centeno and Vicente Yco
solicited P1500 from Judge Angeles for church construction Complaint filed against them for violation of PD 1564 (solicitation permit law) charitable or public welfare... secure permit from DSWD Hon. Villalon-Pernillos modified penalty P1000 and 6 months imprisonment charitable strictly construed to exclude religious matter of description not precise definition Atty. Palmones asked Ursua to pick up complaint Ursua talked to Perez about this Perez told Ursua he could sign his name Urusa signed Oscar Perez, picked up petition Ursua convicted by CA 142 CA 142 was made to curb common practice of Chinese of adopting different names and aliases; confusion in field of trade Ladjaalam convicted direct assault with multiple attempted homicide & illegal possession of firearms & ammunition (PD 1866) Ladjaalam fired at police who were about to enter his house PD 1866 penalty provided no other crime was committed Ladjaalam not liable for illegal possession Spouses asked to pay tax deficiency for 1955 1959 Spouses claim they paid for amnesty taxes
what the applicable statute expressly
and clearly declares
Since spouses paid, government
accepted payment for amnesty, estopped from collecting
Manila Electric Co. claims it is
exempt from special import tax RA 1934 exempt from tax equipment and spare parts for use in industries. Exempts its insulators from all taxes of whatever kind/ nature Whenever tax free product is utilized; raw materials tax free
RP vs Sps. Antonio and Clara Pastor
Any claim for tax exemption is strictly
construed against taxpayer. However where law is clear and unambiguous, must be taken as it I devoid of judicial addition/ subtraction
Acting Commissioner of Customs vs
Manila Electric Company
Tax exemption strictly construed against
taxpayer and liberally in favour of state Misamis oriental Association of Coco Traders vs Department of Finance
Tax exemption strictly construed against
taxpayer
Resins, Incorporated vs Auditor
General of Philippines
Statutes granting tax exemptions must
be construed in strictissimi juris against tax payer and liberally in favour of taxing authority
Duty of court to seek real intent of
legislature; limit literal meaning of broad language
Coco traders allege that copra is
classified as agricultural food product and exempt from VAT at all stages of production Sec 103A non food products original state exempt by primary producer/ owner of land Sec 103B- original state all stages Reclassification denied Coco of exemption Resins seek refund from Central bank on claim it was exempt from margin fee under RA 2609 Importation Urea (and) formaldehyde Law frowns on exemption PLDT paid 164M taxes PLDT asked for tax exemption privilege under RA 7982 sec 12 3% of gross receipts in lieu of taxes on this franchise CTA and CA exempted PLDT from tax SC said in lieu of taxes means
Commissioner of IR vs PLDT
Naturalization laws should be rigidly
enforced and strictly construed in favour of government and against applicant
Ong Chia vs RP
Contracts of Insurance are to be
construed liberally in favour of insure and strictly against insurer Finman General Assurance Corp vs CA
Official agents charged by law to
implement social justice guaranteed by the constitution should adopt liberal attitude in favour of employee in deciding claims for compensability
GSIS vs Marian Vivencio
Doubts in interpretation of Workmens
compensation and Labor Code should be resolved in favour of worker Manahan vs Employees
direct taxes PLDT to pay indirect
taxes Burden of proof on tax payer Ong Chia arrived in Phils 9 years old, employed, business, married, 4 children At 66 years old filed verified petition to be Fil citizen under CA 473 (revised naturalization law) RTC granted, OSG appealed contending petitioner failed to state names, residence, conduct himself. CA reversed RTC SC no merit petitioner failed to note rule 143 formal offer not applicable
Carlie Surposa insured with
Finman Killed by stab wound Beneficiaries insurance claim denied Finman contends cause of death not accidental SC cause of death accidental Judge Vivencio died Wife Marian, applied for death benefits with GSIS GSIS denied claim ground: illness not work related SC PD 626 purpose is to provide protection to working class against hazards of disability, illness SC claim should be given Nazario Manahan died of enteric fever GSIS denied claim not work related
Compensation
Perfect health when entered work
SC presumption of compensability subsists in favour of claimant
Social legislation is liberally construed
Lazo vs Employees Compensation
Salvador lazo security guard
shift: 2pm 10pm Reliever didnt arrive worked: 2pm to 5am Jeep accident on way home sustained injuries GSIS denied claim SC claim should be given
Sympathy of law on social security is
towards beneficiaries and law by its own terms, requires a construction of utmost liberality in their favour
Vicente vs Employees Compensation
Liberally interpreted in favour of retiree
because of intention to provide for retirees sustenance and comfort when no longer capable of earning livelihood Tantuico Jr vs Hon. Domingo
Statutes providing election contests are
to be liberally construed to the end that the will of people in the choice of public officer may not be defeated by mere technical objections
Pahilan vs Tabalba
Liberal construction of rules of court
DSM construction & development vs
Domingo vicente nursing
attendant for 25 years Applied for permanent total disability GSIS granted permanent partial disability SC reversed and entered permanent total disability Tantuico retired as COA chairman Tantuico obtained 1st clearance 2nd clearance not signed by Guingona Guingona replaced by Domingo Domingo withheld of benefits pending final result of petitioner accountability SC 1st and 2nd clearance enough. Pahilan vs tabalba for mayor of Guinsiliban Tabalba won. Pahilan filed election protest paid 200 for docket fees Pahilan required to pay 470 Rtc dismissed election protest non-payment of fees SC election public interest; not fair to keep office under suspicion