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Silvestre M. Punsalan vs. The Municipal Board of the City of Manila, et. al.
G.R. No. L-4817; May 26, 1954
Doctrine:
Legislative department determines what entities should be empowered to impose occupation tax. This matter is peculiarly within the domain of the political departments and the courts would do well not to encroach upon it.
Silvestre M. Punsalan vs. The Municipal Board of the City of Manila, et. al.
G.R. No. L-4817; May 26, 1954
Doctrine:
Legislative department determines what entities should be empowered to impose occupation tax. This matter is peculiarly within the domain of the political departments and the courts would do well not to encroach upon it.
Silvestre M. Punsalan vs. The Municipal Board of the City of Manila, et. al.
G.R. No. L-4817; May 26, 1954
Doctrine:
Legislative department determines what entities should be empowered to impose occupation tax. This matter is peculiarly within the domain of the political departments and the courts would do well not to encroach upon it.
Manila, et. al. Whether or not Ordinance No. 3398 constitutes what G.R. No. L-4817; May 26, 1954 amounts to double taxation. Reyes, J.B.L., J. Ruling: Doctrine: No. The Legislature may, in its discretion, select what Legislative department determines what entities occupations shall be taxed, and in the exercise of that should be empowered to impose occupation tax. This matter is discretion it may tax all, or it may select for taxation certain peculiarly within the domain of the political departments and classes and leave the others untaxed. the courts would do well not to encroach upon it. Plaintiff’s complaint is that while the law has Facts: authorized the City of Manila to impose the said tax, it has Municipal Board of the City of Manila enacted withheld that authority from other chartered cities, not to Ordinance No. 3398 which imposes a municipal occupation tax mention municipalities. It is not for the courts to judge what on persons exercising various professions in the city and particular cities or municipalities should be empowered to penalizes non-payment of the tax by a fine of not more than impose occupation taxes in addition to those imposed by the two hundred pesos or by imprisonment of not more than six National Government. That matter is peculiarly within the months or by both such fine and imprisonment in the domain of the political departments and the courts would do discretion of the court. The ordinance was in pursuance to well not to encroach upon it. Moreover, as the seat of the paragraph (1) Section 18 of the Revised Charter of the City of National Government and with a population and volume of Manila which empowers the Municipal Board of said city to trade many times that of any other Philippine city or impose a municipal occupation tax, not to exceed P50 per municipality, Manila, no doubt, offers a more lucrative field annum, on persons engaged in the various professions above for the practice of the professions, so that it is but fair that the referred to the plaintiffs, after having paid their occupation tax professionals in Manila be made to pay a higher occupation under section 201 of the National Internal Revenue Code, are tax than their brethren in the provinces. now being required to pay the additional tax prescribed in the ordinance. The plaintiffs paid the said tax under protest. The ordinance imposes the tax upon every person “exercising” or “pursuing” – in the City of Manila naturally – any one of the occupations named, but does not say that such person must The lower court declared the validity of the law have his office in Manila. The argument against double authorizing the enactment of the ordinance, but declared the taxation may not be invoked where one tax is imposed by the latter illegal and void since its penalty provided for the state and the other is imposed by the city. non-payment of tax was not legally authorized.