Valentino Tio Vs Videogram, Regulatory Board GR No. L-75697 June 18, 1987

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14.

VALENTINO TIO VS VIDEOGRAM, REGULATORY BOARD


GR no. L-75697 June 18, 1987
It is the inherent power to tax that the state be free to select the subjects of taxation and it has been
repeatedly held that “inequities which result from a singling out of one particular class for taxation or
exemption infringe no constitutional limitation. Taxation has been made the implement of the state’s
police power.
Facts:
This petition was filed by petitioner on his own behalf and purportedly on behalf of other videogram
operators affected. It assails the constitutionality of presidential decree no 1987 entitled “an act creating
the videogram regulatory board” with broader powers to regulate and supervise the videogram industry.
In the said act, it imposes a tax of 30% in gross receipts payable to the local government. The petitioner
stated that that the tax is harsh and unlawful restraint of trade violation of due process clause of the
Constitution.
Issue : Whether the 30% tax is unlawful?
Held:
No, the levy of the 30% tax is for public purpose. It was imposed primarily to answer the need for
regulating the video industry, particularly the rampant film piracy, the flagrant violation of property rights
and the proliferation of pornographic video tapes. It is also an objective of the decree to protect the movie
industry. It is the inherent power to tax that the state be free to select the subjects of taxation and it has
been repeatedly held that “inequities which result from a singling out of one particular class for taxation
or exemption infringe no constitutional limitation. Taxation has been made the implement of the state’s
police power.

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