Title
CDCP Mining Corp. vs. Commissioner of Internal Revenue
Case
G.R. No. 122213
Decision Date
Jul 28, 2005
CDCP sought a refund for specific taxes on fuel used in mining, claiming higher rates under E.O. 262. The Supreme Court denied, ruling refunds must follow R.A. 1435 rates, upholding stare decisis and rejecting claims for periods beyond the prescriptive limit.

Case Summary (G.R. No. 122213)

Facts of the Case

The case originated from a claim for tax refund by CDCP Mining Corporation concerning specific taxes paid on certain fuel products used in mining operations. Through the period from July 1, 1980, to June 30, 1982, CDCP purchased various quantities of manufactured mineral oils and motor fuels. Initially, CDCP filed a claim for refund amounting to P9,962,299.71 for 25% of the specific taxes paid. Unsatisfied with the lack of immediate action on this refund request, CDCP subsequently petitioned in the Court of Tax Appeals (CTA) after the denial of the claim by the Commissioner of Internal Revenue.

Decisions of Lower Courts

The CTA ultimately granted CDCP a partial refund of only P38,461.86, ruling that CDCP was entitled to this amount based on specific taxes paid during the period of September 23, 1980, to June 30, 1982, prior to which the claim had prescribed. However, on appeal, the Court of Appeals modified the CTA’s decision, ordering the Commissioner to refund CDCP a larger sum of P1,598,675.25. The modification centered on differing interpretations of the basis for calculating the 25% refund.

Issues in Dispute

The central legal issue was whether the basis for the tax refund should be calculated under the specific tax rates as set forth in R.A. No. 1435 or under the updated rates specified in the 1977 National Internal Revenue Code (NIRC). While the CTA aligned with the refund amount being computed using the rates from R.A. No. 1435, the Court of Appeals leaned towards the application of the new rates under the 1977 NIRC, leading to the variance in refund amounts.

Arguments Presented

The Commissioner of Internal Revenue contended that the higher rates of the 1977 NIRC should not apply to this refund claim, adhering to the precedent set in CIR v. Rio Tuba Nickel Mining Corporation, where it was established that refunds should be computed based on the rates applicable under the R.A. No. 1435. Conversely, CDCP argued that the Court of Appeals correctly used the 1977 NIRC and maintained that the rates set by Executive Order No. 262 must be acknowledged for the period after March 21, 1981.

Ruling of the Supreme Court

The Supreme Court denied CDCP's petition, stating that the reliance on the 1977 NIRC was erroneous. It reaffirmed the principle of stare decisis, stating that the basis for the refund as decreed by R.A. No. 1435 prevails over claims for refunds based on later amendments. The Court reiterated that the legislative intent of R.A. No. 1435 clearly outlined the methodology for calculating refunds without the implication of future higher rates. Furthermo

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