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Showing posts with label prescription. Show all posts
Showing posts with label prescription. Show all posts

Tax Case Digest: Jones Lang Lasalle (Philippines), Inc. v. CIR, CTA Case No. 9590, March 12, 2020

Jones Lang Lasalle (Philippines), Inc. v. CIR
CTA Case No. 9590, March 12, 2020.

CTA Third Division
Uy, J:

Lessons Applicable: CTA Jurisdiction, Prescription, Due Process
Laws Applicable: RA 1124, as amended by RA 9282,  Section 3 (a) (1), Rule 4, under Section 228 of the NIRC of 1997, as amended, and RR No. 12-99

FACTS:
  • September 3, 2009: Commissioner of Internal Revenue (CIR) issued a Letter Notice informing Jones Lang Lasalle (Philippines), Inc. (JLL) that a computerized matching on the information/data provided by 3rd-party sources against its declarations per income/VAT/percentage withholding tax returns, disclosed discrepancies for calendar year 2007.
  • May 11, 2010: CIR issued Letter of Authority (LOA).  
  • May 31, 2010: CIR issued an undated Notice for Informal Conference.  
  • October 8, 2010: CIR issued the Preliminary Assessment Notice (PAN).
  • October 19, 2011: CIR issued a FAN.
  • September 19, 2016: JLL filed a letter stating that the deficiency VAT assessment for VY 2007 and Collection Letter should be cancelled.
  • May 8, 2017: JLL received a Final Notice Before Seizure (FNBS) dated February 28, 2017.
  • JLL filed a petition for Review (With Urgent Motion for the Issuance of an Order to Suspend the Collection of Tax)
ISSUES:
1.    W/N CTA has jurisdiction to act on the Petition for Review
2.    W/N period to assess has already prescribed.
3.    W/N due process requirements under NIRC and its regulations has been complied with.

HELD: Granted.
1.    YES. Issuance of the subject FBNS constitutes the final decision of CIR that is appealable before the CTA.
  • Jurisdiction over the subject matter or nature of an action is fundamental for a court to act on a given controversy.  CTA being a court of special jurisdiction can take cognizance only of matters that are clearly within its jurisdiction.
  • Based on RA 1124, as amended by RA 9282 and Section 3 (a) (1), Rule 4 of the Revised Rules of the CTA, the jurisdiction of the CTA is not limited to decisions of the CIR involving disputed assessments.  The second part thereof also includes “other matters” arising under the NIRC or other laws administered by the BIR.  
    • Jurisdiction of the CTA to rule on “other matters arising under the NIRC or other laws administered by the BIR” include among others, the validity of the warrant of distraint and levy and waiver of statute of limitations.
    • Moreover, the term “other matters” pertain to matters directly related to disputed assessments or refunds or internal revenue taxes, fees or other charges, penalties imposed in relation thereto.
  • CIR v. Isabela Cultural Corporation (G.R. No. 135210, July 11, 2001):  FBNS which indicates that the taxpayer was being given "this LAST OPPORTUNITY" to pay; otherwise, its properties would be subjected to distraint and levy, constitutes the CIR’s final decision.

2.    NO. Section 11 of RA 1125 as amended, provides that any party adversely affected by a decision or ruling of the CIR may file an appeal with the CTA 30 days after the receipt of such decision or ruling.  Since FBNS was received on May 8, 2017, thus it has until June 7, 2017 or 30 days, to appeal and challenge its validity with the CTA.  Hence, May 15, 2017 was within the 30-day period.

3.    NO. Failure to strictly comply with the notice requirements prescribed under Section 228 of the NIRC of 1997, as amended, and RR No. 12-99 is tantamount to denial of due process.  
  • If there exists sufficient basis to assess the taxpayer, the CIR or his authorized representative is mandated to issue a PAN.  Thereafter, a formal letter of demand and an assessment notice shall be issued by the CIR or his duly authorized representative.  The use of the word “shall” in these legal provisions indicates the mandatory nature of the requirements laid down therein.  Thus, it is essential for CIR to establish and prove that the requisite assessment notices were fully served to the taxpayer within the prescription period. 
  • Tax assessment, due process requires that the taxpayer must actually receive the assessment.  
  • If the taxpayer denies having received the assessment notices, it is incumbent upon respondent to prove by competent evidence that the assessment notices were indeed received by the taxpayer.  
  • It is basic in the rule of evidence that bare allegations unsubstantiated by evidence, are not equivalent proof.  
  • BIR was fully informed of the change in address in accordance to Section 11 of RR No. 12-8531.  Court notes that the new address was likewise indicated in the documents issued by the BIR in the BIR records.  Evidently, BIR had knowledge of the change of address and should have sent the PAN and FAN to its new address.  But, they were sent to the old address.  While it appears that BIR did indeed issued the assessment notices, it failed to present evidence to refute JLL’s claim that it did not receive said assessment notices.  Consequently, there was no valid service of assessment notices to petitioner. 

Criminal Procedure Case Digest: Zaldiva v. Reyes (1992)


G.R. No. 102342            July 03, 1992


Lessons Applicable: Rule 110 does not cover Rule on Summary Procedure (special law), Prescription in criminal cases is a substantive right (Criminal Procedure)
Laws Applicable:  Rule 110 Prosecution of Offenses


FACTS: 

  • May 11, 1990: Luz M. Zaldiva violated Ordinance No. 2, Series of 1988, of the Municipality of Rodriguez, in the Province of Rizal and was charged with quarrying for commercial purposes without a mayor's permit in 
  • May 30, 1990: complaint of the police was received by the Office of the Provincial Prosecutor of Rizal
  • October 2, 1990: information was filed with the Municipal Trial Court of Rodriguez
  • Zaldiva: moved to quash the information on the ground that the crime had prescribed - MTC denied and RTC affirmed on appeal
  • Zadive filed a petition for review on certiorari and argues that the crime is covered under the Rule of Summary Procedure:
    • Section 1. Scope. -- This rule shall govern the procedure in the Metropolitan Trial Courts, the Municipal Trial Courts, and the Municipal Circuit Trial Courts in the following cases: x x x
      • B. Criminal Cases: xxx
        • 3. Violations of municipal or city ordinances xxx
    • Section 9. How commenced. – The prosecution of criminal cases falling within the scope of this Rule shall be either by complaint or by information filed directly in court without need of a prior preliminary examination or preliminary investigation: Provided, however, That in Metropolitan Manila and chartered cities, such cases shall be commenced only by information; Provided, further, That when the offense cannot be prosecuted de oficio, the corresponding complaint shall be signed and sworn to before the fiscal by the offended party.
  • Act No. 3326, as amended, entitled "An Act to Establish Periods of Prescription for Violations Penalized by Special Acts and Municipal Ordinances and to Provide When Prescription Shall Begin to Run," reading as follows:
    • Section 1. Violations penalized by special acts shall, unless otherwise provided in such acts, prescribe in accordance with the following rules: x x x Violations penalized by municipal ordinances shall prescribe after two months.
    • Section 2. Prescription shall begin to run from the day of the commission of the violation of the law, and if the same be not known at the time, from the discovery thereof and the institution of judicial proceedings for its investigation and punishment.
      • The prescription shall be interrupted when proceedings are instituted against the guilty person, and shall begin to run again if the proceedings are dismissed for reasons not constituting jeopardy.
  • The prosecution invokes Section 1, Rule 110 of the 1985 Rules on Criminal Procedure where the phrase phrase "in all cases" applies to all cases, without distinction, including those falling under the Rule on Summary Procedure which is according to the dictum in Francisco v. CA promulgated on May 30, 1983. (the promulgation of Rules on Summary Procedure is on Aug 1, 1983 while the revisionof Criminal Procedure was on Oct 1, 1988)
  • Applying the canon that words statute should be read in relation to and not isolation from the rest of the measure, to discover the true legislative intent, the phrase "in all cases" appearing in the last paragraph obviously refers to those offenses not governed by the Rule on Summary Procedure
    • Referenced to Section 32(2) of B.P. No. 129 vesting to the Municipal Trial Courts and Municipal Circuit Trial Courts offenses not covered under Rules on Summary Procedure
  • Section 9 of the Rule on Summary Procedure does not prevent the prosecutor from conducting a preliminary investigation if he wants to but the running of the prescriptive period shall be halted on the date the case is actually filed in court
  • Conflict between:
    • Rule on Summary Procedure (special law) > Section 1 of Rule 110 of the Rules on Criminal Procedure
    • Act No. 3326 > Rule 110 of the Rules on Criminal Procedure
      • Prescription in criminal cases is a substantive right  and according to Article VIII, Section 5(5) of the Constitution
        • in the exercise of its rule-making power, not allowed to "diminish, increase or modify substantive rights