Salvacion Law Office & Notary Public

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24/01/2025

The (SC) has reiterated that being acquitted of a criminal tax violation does not automatically exempt a taxpayer from paying unpaid taxes.

The SC dismissed due to lack of evidence the criminal cases filed by the Office of the Solicitor General against E & D Parts Supply, Inc. and its Treasurer, Margaret L. Uy, for their alleged failure to file the company’s income tax return, and pay income and value-added tax.

The Court of Tax Appeals (CTA) had dismissed the criminal cases due to insufficient evidence proving that Uy was a responsible officer of the company and, therefore, could not be held criminally liable for the company’s actions. Additionally, the CTA dismissed the related civil case that aimed to determine the amount of taxes the company owed.

The SC ruled that a taxpayer’s obligation to pay taxes arises from the law itself, and not from committing a criminal act like tax evasion. Therefore, even if a taxpayer is acquitted of a criminal charge, they remain liable for unpaid taxes.

The company’s acquittal thus did not release it from its obligation to pay the taxes due.

However, the company was not required to pay the assessed tax in this case due to an invalid tax assessment.

Read the press release in full at https://sc.judiciary.gov.ph/sc-acquittal-in-tax-case-does-not-erase-obligation-to-pay-taxes/

Read the full text of the Decision at https://sc.judiciary.gov.ph/259284-people-of-the-philippines-vs-e-d-parts-supply-inc-et-al/

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution-policy/

01/10/2024

SC issues TRO vs. COMELEC reso allowing public appointive official to stay in office after being named party-list nominee

The Supreme Court has issued a temporary restraining order against the implementation of a COMELEC resolution which allows public appointive officials to continue holding office even after being nominated as a party-list representative.

The TRO is directed at section 11 of COMELEC Resolution No. 11045.

The Court said that all parties are required to observe the status quo that public appointive officials are deemed resigned upon filing their certificate of candidacy.

The petition was filed by election lawyer Romulo B. Macalintal.

COMELEC is required to comment on the petition within a non-extendible period of 10 days from notice.

A copy of the available pleadings may be downloaded from the Public Pleadings section of the Supreme Court website at: https://sc.judiciary.gov.ph/public-pleadings/.

Read the press briefer at: https://sc.judiciary.gov.ph/press-briefer-10-01-2024/

25/09/2024

The Supreme Court has ruled that buyers of defective brand-new motor vehicles may choose to enforce their rights under any available law.

The Supreme Court’s Second Division, in a Decision written by Associate Justice Antonio Kho, Jr., ruled that Republic Act No. 10642 or the Philippine Lemon Law (Lemon Law), which applies to brand-new vehicles, is not an exclusive remedy.

The Lemon Law allows the manufacturer, distributor or dealer at least four separate repair attempts before replacing the defective vehicle. On the other hand, the Consumer Act, which applies to durable and non-durable consumer products in general, gives the supplier 30 days to correct the defective product.

The Court ruled there is nothing that prevents a consumer from availing of the remedies under the Consumer Act or any other law if the subject of the complaint is a brand-new vehicle.

The Lemon Law is an alternative remedy granted to the consumer who is free to choose to enforce their rights under any applicable law.

Read the full press release: https://sc.judiciary.gov.ph/sc-lemon-law-not-exclusive-remedy-for-defective-brand-new-vehicles/

Read the full text of the Decision: https://sc.judiciary.gov.ph/254978-79-department-of-trade-and-industry-vs-toyota-balintawak-inc-and-toyota-motor-phils-corp/

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