Case Digest (G.R. No. 125704) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Philex Mining Corp. v. Commissioner of Internal Revenue (G.R. No. 125704, decided August 28, 1998 under the 1987 Constitution), petitioner Philex Mining Corporation received on August 5, 1992 a demand from the BIR to settle its excise tax liabilities for the 2nd to 4th quarters of 1991 and the 1st and 2nd quarters of 1992, totaling ₱123,821,982.52. On August 20, 1992, Philex protested, invoking pending claims for VAT input tax credits/refund for 1989–1991 amounting to ₱119,977,037.02 and citing Commissioner of Internal Revenue v. Itogon-Suyoc Mines, Inc. The BIR denied the offset on September 7, 1992 on the ground that the credits were neither liquidated nor demandable. Philex filed a petition before the Court of Tax Appeals (CTA) on November 6, 1992 (CTA Case No. 4872). During the CTA proceedings, the BIR issued a Tax Credit Certificate for ₱13,144,313.88, reducing Philex’s liability to ₱110,677,668.52. On March 16, 1995, the CTA ordered Philex to pay that balance plus 20% a Case Digest (G.R. No. 125704) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Demand for Excise Taxes
- On August 5, 1992, the Bureau of Internal Revenue (BIR) sent Philex Mining Corporation a letter demanding payment of excise taxes for the 2nd quarter of 1991 through the 2nd quarter of 1992, totalling ₱123,821,982.52. The breakdown was:
- Total excise tax due: ₱123,821,982.52.
- Administrative Protests and Tax Credit Certificate
- On August 20, 1992, Philex protested, asserting pending VAT input credit/refund claims for 1989–1991 amounting to ₱119,977,037.02 plus interest, and citing Commissioner v. Itogon-Suyoc Mines (28 SCRA 867, 1969).
- On September 7, 1992, the BIR denied compensation, ruling that unestablished (unliquidated) claims cannot be offset.
- Philex elevated the matter to the Court of Tax Appeals (CTA) on November 6, 1992 (CTA Case No. 4872). During the CTA proceedings, the BIR issued Tax Credit Certificate No. 001795 for ₱13,144,313.88, reducing the outstanding liability to ₱110,677,668.52.
- CTA Decision, CA Appeal, and Subsequent VAT Refunds
- On March 16, 1995, the CTA denied Philex’s compensation claim and ordered payment of ₱110,677,668.52 plus 20% annual interest from August 6, 1994 until fully paid (Sections 248 and 249, Tax Code of 1977).
- Philex appealed to the Court of Appeals (CA-G.R. SP No. 36975); on April 8, 1996, the CA affirmed the CTA’s decision. Philex’s motion for reconsideration was denied on July 11, 1996.
- Shortly thereafter, Philex obtained additional VAT input tax refund/credit certificates:
- Certificate 007730 (2nd Qtr. 1994) – ₱25,317,534.01
- Certificate 007731 (4th Qtr. 1994) – ₱21,791,020.61
- Certificate 007732 (1989) – ₱37,322,799.19
- Certificate 007751 (1990–1991) – ₱84,662,787.46
- Certificate 007755 (1st–3rd Qtr. 1992) – ₱36,501,147.95
- Philex then contended that its now- liquidated and demandable VAT credits should automatically offset its excise tax liability, and challenged the imposition of surcharge and interest, as well as asserted that the BIR violated Section 106(e) of the National Internal Revenue Code of 1977 by delaying the refund beyond 60 days.
Issues:
- Whether Philex Mining Corporation may legally set off its pending and subsequently granted VAT input tax claims against its excise tax liabilities.
- Whether the imposition of 25% surcharge and 20% annual interest on the late-paid excise taxes was unjustified because of Philex’s pending VAT claims.
- Whether the BIR violated Section 106(e) of the NIRC of 1977 by failing to refund input taxes within 60 days, and if such violation excuses non-payment of excise tax.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)