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This subject covers the students’ knowledge of the principles and concepts of taxation and the
practical application of these principles and concepts. Students are expected to know the
National Internal Revenue Code (NIRC) provisions; the Tariff and Customs Code; Local
Government Code on local taxes; preferential tax or tax exemption provisions and taxes
pertaining to senior citizens and persons with disability, Board of Investments, PEZA, BMBE,
various Tax Treaties and other special laws and issuances that may be legislated in the future.
The students must be familiar with the Implementing Rules and Regulations, circulars, rulings
and other issuances pertinent to the implementation of the various taxation laws earlier
specified. The learners should equally know the taxation principles in the decisions of the Court
of Tax Appeals, Court of Appeals and Supreme Court.
Module 1:
After completing the lesson, the students must be able to comprehend and demonstrate mastery
of the following:
This module provides a review of the principles of taxation. It discusses theories and concepts
necessary for the understanding of taxation. It also explains taxation as one of the inherent
powers of the state (different from the police power and eminent domain). Furthermore, it
introduces principles and doctrines followed by the government in formulating rules and
provisions related to taxation and certain topics about tax laws, tax regulations, and tax rulings
vital for the efficient tax administration.
Definition of Taxation
Taxation may be defined as a State power, a legislative process and government cost
distribution.
Benefit Received Theory – presupposes that the more benefit one receives from the
government, the more taxes he should pay.
Ability to Pay Theory – presupposes that taxation should also consider the taxpayer’s
ability to pay. Taxpayers should be required to contribute based on their relative
capacity to sacrifice for the support of the government.
The Lifeblood Doctrine – Taxes are essential and indispensable to the continued
subsistence of the government. Without taxes, the government would be paralyzed for
lack of motive power to activate or operate it.
Taxes are the lifeblood of the government and their prompt and certain availability
are in imperious need. Upon taxation depends the government’s ability to serve the
people for whose benefit taxes are collected.
Taxation Power
Scope of Taxation Power
The scope of taxation is widely regarded as comprehensive, plenary, unlimited and
supreme.
• International Comity
No country is powerful than the other. It is by this principle that each country
observes international comity or mutual courtesy or reciprocity between them.
Hence,
Government do not tax the income and properties of other government
Government give primacy to their treaty obligations over their own
domestic tax laws.
• Public Purpose
Taxation must be exercised absolutely for public purpose.
b. Constitutional Limitations
• Due Process of law
No one should be deprived of life, liberty, or property without due process of
law. Tax laws should neither be harsh nor oppressive.
The NIRC exempts government educational institutions from income tax and
subjects private educational institutions to a minimal 10% income tax.
• Concurrence of a majority of all members of Congress for the passage of law
granting tax exemption
The Constitution requires the vote of the majority of all members of Congress
in the grant of tax exemption, absolute majority in the approval of an
exemption law, and relative majority in the withdrawal of tax exemption.
Situs of Taxation
Situs is the place of taxation. It is the tax jurisdiction that has the power to levy taxes
upon the tax object.
Vague tax laws are construed against the government and in favor of the
taxpayers. A vague tax law means no tax law. Obligation arising from law is not
presumed. Vague tax exemption laws are construed against the taxpayer and in
favor of the government. A vague tax exemption law means no exemption law.
Double Taxation
Double taxation occurs when the same taxpayer is taxed twice by the same tax
jurisdiction for the same thing.
Tax Condonation
It is forgiveness of the tax obligation of a certain taxpayer under certain justifiable
grounds. This is referred to as tax remission.
Taxation Law refers to any law that arises from the exercise of the taxation power of the
State.
Tax is an enforced proportional contribution levied by the lawmaking body of the State to
raise revenue for public purpose.
Tax System
The tax system refers to the methods or schemes of imposing, assessing and collecting
taxes. It includes all tax laws, and regulations, the means of their enforcement, and the
government offices, bureaus and withholding agents which are part of the machineries of
the government in tax collection. The Philippine tax system is divided into two: national
tax system and local tax system.
Other Agencies Tasked with Tax Collections or Tax Incentives Related Functions
Bureau of Customs – tasked to administer collection of tariffs on imported articles
and collection of the Value Added Tax on Importation.
QUESTIONS TO PONDER
1. What is taxation?
2. What are the differences between theory and the basis of taxation?
3. What are the theories of government cost allocation? Explain each.
4. What is lifeblood doctrine?
5. What are the inherent powers of the state? Briefly explain and differentiate each
power.
6. What is the scope of the power of taxation?
7. What are the differences of the following?
a. Substantive and procedural due process
b. Concept of equality and concept of uniformity in taxation
c. Non-payment of debt and non-payment of taxes in terms of consequences
8. What are the constitutional limitations of the power of taxation? Explain each.
9. What the stages of the exercise of taxation power?
10. What is situs of taxation?
11. What is the difference between the Marshall doctrine from the Holme’s doctrine?
12. What is the doctrine of strict construction of tax laws?
13. What is double taxation and what are its elements, and its types?
14. What are the categories of escapes from taxation? Enumerate and explain each means
of escape under each category.
15. What are the differences between tax amnesty and tax condonation?
16. What are the differences of tax laws from tax exemption law?
17. What are the sources of tax laws?
18. What is the nature of Philippine tax law?
19. What is tax system and what are its types?
20. What are the principles of a sound tax system? Briefly explain each principle?
REQUIRED READING/S and OTHER LEARNING RESOURCES
2. https://www.pwc.com/ph/en/publications/pdf/pwcph-tax-code-2019.pdf.
LEARNING ACTIVITIES/SELF-TESTS
11. That courts cannot issue injunction against the government’s effort to collect taxes is
justified by
a. Imprescriptibility of taxes
b. Lifeblood doctrine
c. The ability to pay theory
d. The doctrine of estoppel
Module 2:
LEARNING OBJECTIVES
This module provides an overview of the structure and organization of the Philippine
Government, the functions of each branch that composed it, and the system of check and
balances among these branches. It elaborates the various local government units, its organization,
and the duties and responsibilities of those offices under its jurisdiction. It further demonstrates
the taxation power of the local government units and enumerates different taxes that are
currently imposed within the local autonomy in the Philippines.
Article 2 Section 1 of The 1987 Constitution, states “The Philippines is a democratic and
republican State. Sovereignty resides in the people and all government authority
emanated from them.
The Senate is composed of 24 Senators who are elected at large by the qualified
voters of the Philippines.
The party-list representatives shall constitute twenty per cent of the total number of
representatives including those under the party list. For three consecutive terms after
the ratification of this Constitution, one-half of the seats allocated to party-list
representatives shall be filled, as provided by law, by selection or election from the
labor, peasant, urban poor, indigenous cultural communities, women, youth, and such
other sectors as may be provided by law, except the religious sector.
2. The Executive branch is composed of the President and the Vice President who are
elected by direct popular vote and serve a term of six years. The Constitution grants
the President authority to appoint his Cabinet. These departments form a large portion
of the country’s bureaucracy.
The executive branch carries out and enforces laws. It includes the President, Vice
President, the Cabinet, executive departments, independent agencies, boards,
commissions, and committees.
The President leads the country. He or she is the head of state, leader of the national
government, and Commander-in-Chief of all armed forces of the Philippines. The
President serves a six-year term and cannot be re-elected.
The Vice President supports the President. If the President is unable to serve, the Vice
President becomes President. He or she also serves a six-year term.
Cabinet members serve as advisors to the President. They include the Vice President
and the heads of executive departments. Cabinet members are nominated by the
President and must be confirmed by the Commission of Appointments.
3. The Judicial branch holds the power to settle controversies involving rights that are
legally demandable and enforceable. This branch determines whether or not there has
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the
part and instrumentality of the government. It is made up of a Supreme Court and
lower courts.
The judicial branch interprets the meaning of laws, applies laws to individual cases,
and decides if laws violate the Constitution. The judicial power shall be vested in one
Supreme Court and in such lower courts as may be established by law.
Each branch of government can change acts of the other branches as follows:
The President can veto laws passed by Congress.
Congress confirms or rejects the President's appointments and can remove the
President from office in exceptional circumstances.
The Justices of the Supreme Court, who can overturn unconstitutional laws,
are appointed by the President.
The Constitution expressly grants the Supreme Court the power of Judicial Review as
the power to declare a treaty, international or executive agreement, law, presidential
decree, proclamation, order, instruction, ordinance or regulation unconstitutional.
2. Land or Territory – Territory is the second essential element of the State. State is a
territorial unit. Definite territory is its essential component. A State cannot exist in the
air or at sea. The national territory of the Philippines under Art. 1 of the 1987
Constitution states:
“The national territory comprises the Philippine archipelago, with all the islands and
waters embraced therein, and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimensions, form part of the internal
waters of the Philippines.”
State has the exclusive title and prerogative to exercise supreme power over all its
people and territory. In fact, Sovereignty is the basis on which the State regulates all
aspects of the life of the people living in its territory.
Sec. 1 states that “the territorial and political subdivisions of the Republic of the
Philippines are the provinces, cities, municipalities, and barangays. There shall be
autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided.”
Sec. 2 further states that “the territorial and political subdivisions shall enjoy local
autonomy.”
Local Autonomy
“Section 2 of Local Government Code of the Philippines:
Sec. 2. Declaration of Policy. – (a) It is hereby declared the policy of the State that the
territorial and political subdivisions of the State shall enjoy genuine and meaningful
local autonomy to enable them to attain their fullest development as self-reliant
communities and make them more effective partners in the attainment of national
goals. Toward this end, the State shall provide for a more responsive and accountable
local government structure instituted through a system of decentralization whereby
local government units shall be given more powers, authority, responsibilities, and
resources. The process of decentralization shall proceed from the National
Government to the local government units.
(c) It is likewise the policy of the State to require all national agencies and offices to
conduct periodic consultations with appropriate local government units,
nongovernmental and people‘s organizations, and other concerned sectors of the
community before any project or program is implemented in their respective
jurisdictions. (Emphases and underscoring supplied)”
Sec. 10 “No province, city, municipality, or barangay may be created, divided, merged,
abolished, or its boundary substantially altered, except in accordance with the criteria
established in the Local Government Code and subject to approval by a majority of the
votes cast in a plebiscite in the political units directly affected.”
Sec. 11 “The Congress may, by law, create special metropolitan political subdivisions,
subject to a plebiscite as set forth in Section 10 hereof. The component cities and
municipalities shall retain their basic autonomy and shall be entitled to their own local
executives and legislative assemblies. The jurisdiction of the metropolitan authority that
will hereby be created shall be limited to basic services requiring coordination.”
2. Creation and Conversion. – As a general rule, the creation of a local government unit
or its conversion from one level to another level shall be based on verifiable
indicators of viability and projected capacity to provide services, to wit:
c. Land Area. – It must be contiguous, unless it comprises two (2) or more islands or
is separated by a local government unit independent of the others; properly
identified by metes and bounds with technical descriptions; and sufficient to
provide for such basic services and facilities to meet the requirements of its
populace.
Art. X Sec. 4
“The President of the Philippines shall exercise general supervision over local
governments. Provinces with respect to component cities and municipalities, and
cities and municipalities with respect to component barangays, shall ensure that the
acts of their component units are within the scope of their prescribed powers and
functions.”
LGUs are under the supervision of the President through its cabinet the Department
of the Interior and Local Government.
*The dashed lines emanating from the president means that the President only exercises general supervision on local
government.
2. Provinces - are the primary political and administrative divisions of the Philippines.
Each province is governed by an elected legislature called the Sangguniang
Panlalawigan (Provincial Board) and by an elected governor and vice-governor.
b. Generate and maximize the use of resources and revenues for the development
plans, program objectives and priorities of the province... with particular attention
to agro-industrial development and country-wide growth and progress and relative
thereto
d. Approve ordinances which shall ensure the efficient and effective delivery of
basic services and facilities" and, in addition to the services and facilities outlined
in Section 17 of the Local Government Code
e. Exercise such other powers and perform such other duties and functions as may
be prescribed by law or ordinance
Regularly elected members are elected from Sangguniang Panlalawigan districts. The
total number of SP members to be elected within the province, and the number within
each SP district, varies depending on several factors, including the province's income
class and the population count within districts.
Classification of Provinces
Provinces are classified according to average annual income based on the previous 4
calendar years. Effective July 29, 2008, the thresholds for the income classes for
cities are:
*A province's income class determines the size of the membership of its Sangguniang Panlalawigan,
and also how much it can spend on certain items, or procure through certain means.
Local Governments have their own executive and legislative branches and the checks
and balances between these two major branches, along with their separation, are more
pronounced than that of the national government. The Judicial Branch of the Republic
of the Philippines also caters to the needs of local government units. Local
governments, such as a municipality, do not have their own judicial branch: their
judiciary is the same as that of the national government.
Organization
According to Chapter II, Title II, Book III of Republic Act 7160 or the Local
Government Code of 1991, a municipality shall mainly have a mayor (alkalde), a vice
mayor (ikalawang alkalde/bise alkalde) and members (kagawad) of the legislative
branch Sangguniang Bayan alongside a secretary to the said legislature.
The following positions are also required for all municipalities across the Philippines:
a. Treasurer
b. Assessor
c. Accountant
d. Budget officer
e. Planning and development coordinator
f. Engineer/building official
g. Health officer
h. Civil registrar
i. Municipal Disaster Risks Reduction and Management Officer
j. Municipal Environment and Natural Resources Officer
k. Municipal Social Welfare and Development Officer
Depending on the need to do so, the municipal mayor may also appoint the
following municipal positions: a. Administrator
b. Legal officer
c. Agriculturist
d. Architect
e. Information officer
f. Tourism officer
The vice mayor (bise-alkalde) shall sign all warrants drawn on the municipal treasury.
Being presiding officer of the Sangguniang Bayan (Municipal Council), he can as
well appoint members of the municipal legislature except its twelve (12) regular
members or kagawad who are also elected every local election alongside the
municipal mayor and vice mayor. In circumstances where the mayor permanently or
temporarily vacates the position, he shall assume executive duties and functions.
While vice mayor presides over the legislature, he cannot vote unless the necessity of
tie-breaking arises. Laws or ordinances proposed by the Sangguniang Bayan,
however, may be approved or vetoed by the mayor. If approved, they become local
ordinances. If the mayor neither vetoes nor approves the proposal of the Sangguniang
Bayan for ten (10) days from the time of receipt, the proposal becomes law as if it
had been signed. If vetoed, the draft is sent back to the Sangguniang Bayan. The latter
may override the mayor by a vote of at least two-thirds (2/3) of all its members, in
which case, the proposal becomes law.
A municipality, upon reaching certain requirements – minimum population size, and
minimum annual revenue – may opt to become a city. First, a bill must be passed in
Congress, then signed into law by the President and then the residents would vote in
the succeeding plebiscite to accept or reject cityhood. One benefit in being a city is
that the city government gets more budget, but taxes are much higher than in
municipalities.
Classifications of Municipalities
Municipalities are divided into income classes according to their average annual
income during the previous four calendar years:
4. Cities - is one of the units of local government in the Philippines. All Philippine cities
are chartered cities, whose existence as corporate and administrative entities is
governed by their own specific municipal charters in addition to the Local
Government Code of 1991, which specifies their administrative structure and powers.
As of September 7, 2019, there are 146 cities.
Despite the differences in the powers accorded to each city, all cities regardless of
status are given a bigger share of the Internal Revenue Allotment (IRA) compared to
regular municipalities, as well as being generally more autonomous than regular
municipalities.
A city's local government is headed by a mayor elected by popular vote. The vice
mayor serves as the presiding officer of the Sangguniang Panlungsod (city council),
which serves as the city's legislative body. Upon receiving their charters, cities also
receive a full complement of executive departments to better serve their constituents.
Some departments are established on a case-by-case basis, depending on the needs of
the city.
Cities, like municipalities, are composed of barangays (Brgy), which can range from
urban neighborhoods (such as Barangay 9, Santa Angela in Laoag), to rural
communities (such as Barangay Iwahig in Puerto Princesa). Barangays are sometimes
grouped into officially defined administrative (geographical) districts. Examples of
such are the cities of Manila (16 districts), Davao (11 districts), Iloilo (seven
districts), and Samal (three districts: Babak, Kaputian and Peñaplata). Some cities
such as Caloocan, Manila and Pasay even have an intermediate level between the
district and barangay levels, called a zone. However, geographic districts and zones
are not political units; there are no elected city government officials in these
cityspecific administrative levels. Rather they only serve to make city planning,
statisticsgathering other administrative tasks easier and more convenient.
A. Highly urbanized cities (HUC): Cities with a minimum population of two hundred
thousand (200,000) inhabitants, as certified by the Philippine Statistics Authority,
and with the latest annual income of at least fifty million pesos (₱50,000,000 or
USD 1,000,000) based on 1991 constant prices, as certified by the city treasurer.
There are currently 33 highly urbanized cities in the Philippines, 16 of which are
located in Metro Manila.
B. Independent component cities (ICC): Cities of this type have charters that
explicitly prohibit their residents from voting for provincial officials. All five of
them are considered independent from the province in which they are
geographically located: Cotabato, Dagupan, Naga (Camarines Sur), Ormoc, and
Santiago.
Independent Cities
There are 38 independent cities in the Philippines, all of which are classified as
either "Highly urbanized" or "Independent component" cities. From a legal,
administrative and fiscal standpoint, once a city is classified as such:
a. its Sangguniang Panlungsod legislation is no longer subject to review by any
province's Sangguniang Panlalawigan;
b. it stops sharing its tax revenue with any province; and
c. the President of the Philippines exercises direct supervising authority over the
city government (given that the provincial government no longer exercises
supervision over city officials), as stated in Section 29 of the Local
Government Code
C. Component cities (CC): Cities which do not meet the preceding requirements are
deemed part of the province in which they are geographically located. If a
component city is located along the boundaries of two or more provinces, it shall
be considered part of the province of which it used to be a municipality.
All but five of the remaining cities are considered component cities.
6. Regions - are administrative divisions that primarily serve to coordinate planning and
organize national government services across multiple local government units
(LGUs). Most national government offices provide services through their regional
branches instead of having direct provincial or city offices. These regional offices are
usually (but not always) located in the city designated as the regional center.
Currently, the Philippines is divided into 17 regions. Sixteen of these are mere
administrative groupings, each provided by the President of the Philippines with a
Regional Development Council (RDC) – in the case of the National Capital Region,
an additional metropolitan authority serves as the coordinating and policy-making
body. Only one, the Bangsamoro Autonomous Region in Muslim Mindanao, has an
elected government to which the Congress of the Philippines has delegated certain
powers and responsibilities.
Types of Regions
1. Administrative Region - An administrative region is not a local government unit
(LGU), but rather a group of LGUs to which the President has provided an unelected
policy-making and coordinating structure, called the Regional Development Council
(RDC). Metro Manila is recognized in law as a "special development and
administrative region", and was thus given the Metropolitan Manila Development
Authority (MMDA); the Metro Manila Council within the MMDA serves as the
National Capital Region's RDC.
As of December 31, 2019, there are 17 regions, 81 provinces, 146 cities, 1,488
municipalities and 42,045 barangays.
Local Taxation
Sources of Local Government Funds
The two sources of Local government funds
1. External Sources
Sec. 6 and 7 of Art. X of the Constitution state the LGU is entitled to just share in the
national taxes (taxes collected by the BIR and BOC) which shall be automatically
released to them. The share is determined by law. Further, the LGU is entitled to an
equitable share in the proceeds of the utilization and development of the national
wealth within their respective areas, in the manner provided by law, including sharing
the same with the inhabitants by way of direct benefits.
The real property tax is based on the assessed value which is a certain percentage
of the market value of the real property. The assessed value is arrived at upon
application of the assessment levels to the market value of the property. The
assessment levels are fixed by ordinance of the local Sanggunian depending on
the actual use of the property, at rates not exceeding the following:
(1) Lands
Class Assessment Levels
Residential 20%
Agricultural 40%
Commercial, Industrial and Mineral 50%
Timberland 20%
(3) Machineries
Class Assessment Levels
Agricultural 40%
Residential 50%
Commercial and Industrial 80%
Except as provided in the LGC, any exemption from the payment of RPT
previously granted to or presently enjoyed by, all persons, whether natural or
juridical, including all GOCCs were withdrawn upon the effectivity of the LGC.
Coverage
a. Agricultural lands, more than one (1) hectare in area, suitable for
cultivation, dairying, inland fishery, and other agricultural uses, one-half
(1/2) of which remain uncultivated or unimproved. Not considered as idle
lands are (i) agricultural lands planted to permanent or perennial crops
with at least fifty (50) trees to a hectare, and (ii) lands actually used for
grazing purposes.
b. Lands, other than agricultural, located in a city or municipality more than
one thousand (1,000) square meters in area, one-half of which remain
unutilized or unimproved.
Regardless of land area, the tax shall likewise apply to residential lots in
subdivisions duly approved by proper authorities, the ownership of which has
been transferred to individual owners, who shall be liable for the additional
tax.
Exemption
The LGU may exempt idle lands from the additional levy by reason of force
majeure, civil disturbance, natural calamity or any cause or circumstance
which physically or legally prevents the owner of the property or person
having legal interest therein from improving, utilizing or cultivating the same.
The special levy shall not apply to lands exempt from basic RPT and the
remainder of the land portions of which have been donated to the LGU
concerned for the construction of such projects or improvements.
The tax on transfer of real property ownership shall be paid within sixty (60)
days from the date of the execution of the deed or from the date of the
decedent’s death.
The date for the payment of any other tax on real property shall be prescribed
by the Sanggunian concerned.
Q: Are there other taxes levied by the government that I should know of? A:
Apart from the basic real property tax, local governments also charge additional
tax for the Special Education Fund. An additional 1% is levied on the assessed
value of the real property, and proceeds of which go to the budget of local
schools.
If properties become idle, the government also charges a maximum of 5% of the
assessed value in addition to the basic real property tax. That’s why it is always
prudent to put your land to good use and generate income for you.
Assessed value may be interpreted as the property’s taxable value. To get the
taxable value of a property, we must first multiply the market value to the
assessment level. Assessment levels differ per property, based on their area and/or
their usage. Assessment levels are prescribed by Section 218 of the Local
Government Code.
Example:
We compute for the total assessed value of the property by adding the assessed
value of the residential land and assessed value of the building.
(C) Total Assessed Value of the Property: (A) + (B) = Php 2,800,000
Now that we have the total assessed value of the property, we multiply it by the
applicable Real Property Tax rate to get the tax amount to be paid by Ms.
Mandarambong.
(D) Real Property Tax: (C) x Metro Manila RPT rate (2%) = Php56,000
The total basic real property tax to be paid by Ms. Mandarambong is Php56,000.
However, we must also add the tax for the Special Education Fund.
(E) Special Education Fund (SEF) levy: (C) x SEF levy = Php28,000
Therefore, the total tax to be paid by Ms. Mandarambong (D + E), is Php 84,000.
Q: How often are Real Property Taxes paid? Is there a deadline?
A: Property owners can opt to pay for their real property taxes in full or through
quarterly installments.
For those who choose to pay it in full, the deadline is before January 31 of each
year. For those who choose to pay it in quarterly, deadlines are as follows:
• First quarter: On or before January 31 annually
• Second quarter: On or before June 30
• Third quarter: On or before September 30
• Fourth quarter: On or before December 31
B. Municipal Taxes
a. Business Taxes
There are three (3) kinds of business taxes imposed by municipalities:
(a) a combination of a graduated-fixed and percentage business taxes;
(b) percentage tax; and (c) annual tax.
C. City Taxes
The city government may impose and collect any of the taxes, fees and charges
imposed by the province or municipality. The rates of taxes may exceed the
maximum rates allowed for the province or municipality by not more than 50%
except the rates of professional and amusement taxes which are already fixed.
D. Barangay Taxes
The barangay may impose a tax on stores or retailers with fixed business
establishments with annual gross sales or receipts of PhP50,000.00 or less in the
case of cities; and PhP30,000.00 or less, in the case of municipalities, at a rate not
exceeding 1% of gross sales or receipts.
E. Community Tax
City and municipal government may impose a community tax at the following
rates:
a. Individuals Basic community tax ………………………....... PhP5.00
Additional tax – For every PhP1,000.00 of income .…............ PhP1.00 The
tax, however, shall in no case exceed PhP5,000.00.
Exemptions:
The following are exempt from the community tax:
Diplomatic and consular representatives; and
Transient visitors when their stay in the Philippines does not exceed three (3)
months.
2. Municipalities
a. Fees and charges on business and occupation and, except as reserved to the
province in Section 139 of the LGC, on the practice of any profession or
calling, commensurate with the cost of regulation, inspection and licensing at
rates to be prescribed by the Sangguniang Bayan.
b. Fees for the sealing and licensing of weights and measures at rates to be
prescribed by the Sangguniang Bayan.
c. Rentals, fees or charges on the use of municipal waters at rates prescribed by
the Sangguniang Bayan.
All local taxes, fees and charges shall be paid within the first twenty (20) days of
January or of each subsequent quarter, as the case may be. The payments may be
made in quarterly installments.
QUESTIONS TO PONDER
1. What are the three branches of the Philippine government? Enumerate their functions.
2. How is the system of check and balances among the three branches of the government
work?
3. What are the differences between the state and government?
4. What are the elements of the state? Briefly discuss each element.
5. How is the local government unit in the Philippines created?
6. What are the duties and functions of Provincial Vice-Governor?
7. What are the duties and functions of municipal council?
8. How are the local government units being classified?
9. How is the system of check and balances of government branches in the local
government unit exercised?
10. What are the two classifications of regions in the Philippines? Briefly state their
differences.
11. What is basic real property tax and who are exempted from paying this tax?
12. What is idle land tax?
13. When is the deadline for collection of real property tax?
14. What are the three business taxes imposed by municipalities?
15. What are the other revenue raising power of local governments?
1. https://www.gov.ph/philippine-government
2. https://www.yourarticlelibrary.com/difference/9-main-differences-between-state-
andgovernment/40327
3. https://www.officialgazette.gov.ph/downloads/1991/10oct/19911010-RA-7160-CCA.pdf
4. https://www.officialgazette.gov.ph/constitutions/1987-constitution/
5. https://www.officialgazette.gov.ph/1987/07/25/executive-order-no-249-s-1987/
6. https://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLa
ws/RA6735
7. http://www.ntrc.gov.ph/images/Publications/guide-to-philippine-taxes-2016/localtaxes.pdf
8. https://www.philippineairlines.com/FAQs/TaxesFeesandSurcharges
9. http://blgf.gov.ph/wp-content/uploads/2015/11/LGU-Taxation-and-Revenue-
PracticesOctober-2015.pdf
Videos:
1. Local Government Unit - https://www.youtube.com/watch?v=D2TItIpbFrs
2. Real Property Tax - https://www.youtube.com/watch?v=IhzAm3_8ixA&t=524s
LEARNING ACTIVITIES/SELF-TESTS
8. The following differentiate state from the government, which is not? A. One of the parts
of state is the government.
B. State exercises authority through the government.
C. Government exists even without a State.
D. State exists even without a government.
10. The following are verifiable indicators in the creation of local government units, except
A. Income
B. People
C. Land Area
D. Population
Activity 3: Problem. Analyze the problem and answer the questions below.
A residential property located in Quezon City, Metro Manila, owned by Mr. Cura Cot is said to
have a market price of P15M. The property is comprised of a parcel of land valued at P9M,
while the structure of the house itself, also known as building or improvement, is valued at P6M.
1. How much is the total assessed value?
2. How much is the real property tax?
3. How much is the additional tax?
a. Special Education Fund Tax
b. Socialized Housing Tax
References
Book/s:
Video/s:
Other Resources:
Executive Order No. 249, series of 1987. Providing for a New Income Classification of
Provinces, Cities, and Municipalities, and for Other Purposes. Retrieved from
https://www.officialgazette.gov.ph/1987/07/25/executive-order-no-249-s-1987/.
Local Taxes. Retrieved from http://www.ntrc.gov.ph/images/Publications/guide-to-
philippinetaxes-2016/local-taxes.pdf.
Republic Act No. 6735. An Act Providing for A System of Initiative and Referendum and
Appropriating Funds Therefor. Retrieved from https://www.comelec.gov.ph/?
r=References/RelatedLaws/ElectionLaws/OtherElectionLa ws/RA6735.
The Nine Main Differences between State and the Government. Retrieved from
https://www.yourarticlelibrary.com/difference/9-main-differences-between-state-
andgovernment/40327.