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regulation is the primary purpose, the fact that revenue is incidentally raised does
not make the imposition a tax.[36]
In exacting the assailed Universal Charge through Sec. 34 of the EPIRA, the State's
police power, particularly its regulatory dimension, is invoked. Such can be
deduced from Sec. 34 which enumerates the purposes for which the Universal
Charge is imposed[37] and which can be amply discerned as regulatory in character.
The Second Issue
The principle of separation of powers ordains that each of the three branches
of government has exclusive cognizance of and is supreme in matters falling
within its own constitutionally allocated sphere. A logical corollary to the doctrine
of separation of powers is the principle of non-delegation of powers, as expressed
in the Latin maxim potestas delegata non delegari potest (what has been delegated
cannot be delegated). This is based on the ethical principle that such delegated
power constitutes not only a right but a duty to be performed by the delegate
through the instrumentality of his own judgment and not through the intervening
mind of another. [47]
hese requirements are denominated as the completeness test and the sufficient
standard test.
Under the first test, the law must be complete in all its terms and conditions when
it leaves the legislature such that when it reaches the delegate, the only thing he
will have to do is to enforce it. The second test mandates adequate guidelines or
limitations in the law to determine the boundaries of the delegate's authority and
prevent the delegation from running riot.[49]
The Court finds that the EPIRA, read and appreciated in its entirety, in relation to
Sec. 34 thereof, is complete in all its essential terms and conditions, and that it
contains sufficient standards.
Although Sec. 34 of the EPIRA merely provides that within one (1) year from the
effectivity thereof, a Universal Charge to be determined, fixed and approved by the
ERC, shall be imposed on all electricity end-users, and therefore, does not state the
FRANCIA CASE
DOMINGO VS GARLITOS
SYLLABUS
court having jurisdiction of the estate had found that the claim of the
estate against the
Government has been appropriated for the purpose by a corresponding
law (Rep Act
No. 2700) shows that both the claim of the Government for inheritance
taxes and
the claim of the intestate for services rendered have already become
overdue and
demandable as well as fully liquidated. Compensation, therefore, takes
place by
operation of law, in accordance with the Provisions of Articles 1279 and
1290 of the
Civil Code, and both debts are extinguished to the concurrent amount.
Under the above circumstances, both the claim of the Government for
inheritance taxes and the claim of the intestate for services rendered
have already become overdue and
demandable as well as fully liquidated.
ABAKADA CASE
SYLLABUS
TAXATION; REPUBLIC ACT NO. 9337 (EXPANDED VALUE-ADDED TAX
LAW); THE STAND-BY AUTHORITY OF THE PRESIDENT IS STILL TOTALLY
WITHIN THE SUBJECT OF WHAT RATE OF VALUE-ADDED TAX SHOULD BE
IMPOSED ON THE TAXPAYERS. The so-called stand-by authority in
favor of the President, whereby the rate of 10% VAT wanted by the
Senate is retained until such time that certain conditions arise when
the 12% VAT wanted by the House shall be imposed, appears to be a
compromise to try to bridge the difference in the rate of VAT proposed
by the two houses of Congress. Nevertheless, such compromise is still
totally within the
subject of what rate of VAT should be imposed on taxpayers.
EXCEPTIONS. Nonetheless, the general rule barring delegation of
legislative powers is subject to the following recognized limitations or
certain
facts
or
conditions, or the happening of contingencies, on which the operation
of
a
statute
is,
by its terms, made to depend, but the legislature must prescribe
sufficient
standards, policies or limitations on their authority. While the power to
tax
cannot
be delegated to executive agencies, details as to the enforcement and
administration of an exercise of such power may be left to them,
including
the
power to determine the existence of facts on which its operation
depend
TAXATION; REPUBLIC ACT NO. 9337; SECRETARY OF FINANCE BECOMES
THE MEANS OR TOOL BY WHICH THE LEGISLATIVE POLICY IN THE
VALUE-ADDED TAX IS DETERMINED AND IMPLEMENTED; CASE AT BAR.
In
the
present
case,
in
making his recommendation to the President on the existence of either
of
the
two
conditions, the Secretary of Finance is not acting as the alter ego of the
President
or
even her subordinate. In such instance, he is not subject to the power
of
control
and
direction of the President. He is acting as the agent of the legislative
department,
to
determine and declare the event upon which its expressed will is to
take
effect.
The
Secretary of Finance becomes the means or tool by which legislative
policy
is
determined and implemented, considering that he possesses all the
facilities
to
gather data and information and has a much broader perspective to
properly
evaluate them. His function is to gather and collate statistical data and
other
pertinent information and verify if any of the two conditions laid out by
Congress
is
ince MIAA is neither a stock nor a non-stock corporation, MIAA does not qualify as a
government-owned or controlled corporation. What then is the legal status of MIAA within the
National Government?
MIAA is a government instrumentality vested with corporate powers to perform efficiently its
governmental functions. MIAA is like any other government instrumentality, the only difference
is that MIAA is vested with corporate powers. Se552ction 2(10) of the Introductory Provisions of the
Administrative Code defines a government instrumentality as follows:
chanRoblesvirtualLa wlibrary
SEC.
2. General
Terms
Defined.
(10) Instrumentality refers to any agency of the National Government, not integrated within the department
framework, vested with special functions or jurisdiction by law, endowed with some if not all corporate
powers, administering special funds, and enjoying operational autonomy, usually through a charter. x x x.
chanroblesvirtuallawlibrary
Subject to exceptions:
Gomez vs