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Ramel was assessed by the Bureau of Internal Revenue (BIR) Pasig for deficiency income taxes of PHP 300 million, inclusive of penalties amounting to…

2026 Bar Exam · Commercial & Taxation Law · Question 19 · Essay

The question

Ramel was assessed by the Bureau of Internal Revenue (BIR) Pasig for deficiency income taxes of PHP 300 million, inclusive of penalties amounting to PHP 100 million. In filing his protest requesting for reinvestigation, Ramel raised, among others, that the Formal Assessment Notice recently issued by the BIR was null and void as the previous examiner handling the said tax audit was already re- assigned to BIR Taguig and the current replacement examiner was not included in the Letter of Authority issued by the BIR last year. Two weeks ago, the BIR Regional Director denied the said protest letter. One week ago, the BIR Regional Director issued a writ of garnishment against all of Ramel’s bank accounts. Ramel, through counsel, then filed a Petition for Review with an Urgent Motion to Suspend Collection of Tax with the Court of Tax Appeals (CTA) Division. The CTA Division then issued a Resolution suspending the collection of tax provided that Ramel files a cash bond amounting to PHP 200 million or surety bond equivalent to PHP 300 million pursuant to Section 11 of the CTA Law, which provides: “No appeal taken to the CTA from the decision of the Commissioner of Internal Revenue . . . shall suspend the payment, levy, distraint, and/or sale of any property of the taxpayer for the satisfaction of his tax liability as provided by existing law: Provided, however, . . . the Court at any stage of the proceeding may suspend the said collection and require the taxpayer either to deposit the amount claimed or to file a surety bond for not more than double the amount with the Court.” Was the CTA Division correct in requiring a cash or surety bond from Ramel? Explain.

Held

No, the CTA Division was not correct in requiring Ramel to post a cash or surety bond without first conducting a preliminary hearing to determine whether the collection of the tax would jeopardize the interests of the taxpayer, under Section 11 of the Court of Tax Appeals Act.

Explanation

Section 11 of the Court of Tax Appeals Act provides that an appeal to the CTA from the decision of the Commissioner of Internal Revenue does not automatically suspend the collection of the tax liability, including payment, levy, distraint, or sale of property. However, the Court may suspend collection if it finds that such collection may jeopardize the interests of the government or the taxpayer. In such cases, the Court may require the taxpayer to either deposit the amount claimed or file a surety bond not exceeding double the amount claimed.

The Revised Rules of the Court of Tax Appeals provide procedural rules for filing motions to suspend collection and require a hearing where both parties may present evidence. The Court must give preference to such motions and may grant suspension if the taxpayer posts the required bond.

The Supreme Court in Tridharma Marketing Corporation clarified that the CTA must first conduct a preliminary hearing to determine whether the collection would indeed jeopardize the taxpayer's interests before requiring a bond. The Court emphasized that setting an excessively high bond without such hearing is an abuse of discretion and may effectively deny the taxpayer the opportunity to contest the assessment. The power to tax must not be exercised in a way that destroys the taxpayer's business.

Application to the facts

In Ramel's case, the CTA Division issued a resolution suspending the collection of tax on the condition that Ramel post a cash bond of PHP 200 million or a surety bond of PHP 300 million. The question does not state whether the CTA Division conducted a preliminary hearing to determine if the collection would jeopardize Ramel's interests before requiring the bond. Therefore, whether the CTA Division was correct depends on whether such a hearing was held. If the CTA Division required the bond without first conducting a hearing to determine if collection would jeopardize the taxpayer's interests, this would not be in accordance with the requirements set by the Supreme Court in Tridharma Marketing Corporation. If a hearing was held and the proper findings were made, then the requirement would be proper under Section 11 of the Court of Tax Appeals Act.

Given the Supreme Court's ruling in Tridharma Marketing Corporation, the CTA Division's action was premature and an abuse of discretion because it did not first ascertain if the collection would jeopardize Ramel's interests. Without such a hearing, imposing the bond requirement may unduly burden Ramel and hinder his ability to contest the assessment effectively.

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This is general legal information, not legal advice.