placed with the new eLA form (BIR Form 1966). All revenue officer ordered to conduct investigation/audit through manually issued LAs prior to 1 July 2010 should continue the conduct of audit/ investigation subject to the retrieval of and replacement of LAs.
REVENUE MEMORAN- DUM ORDER 70-2010 Prescribes the guidelines and procedures for the conversion of Accounts Receivables/ Delinquent Accounts (ARs/ DAs) into the Accounts Re- ceivables Conversion System (ARCS). All manually identified ARs/ DAs shall be converted into the system, including the un- paid 2 nd installments of indi- vidual taxpayers Income Tax liabilities and dishonored checks. ARs and DAs that will be created beginning 1
REVENUE MEMORAN- DUM ORDER 68-2010
Prescribes the guidelines and procedures in the verification and surrender of Documen- tary Stamp Electronic Im- printing Machines (DSEIMs) and transfer of unused/ unloaded Documentary Stamp Tax balance to the Electronic Documentary Stamp Tax (eDST) System. All taxpayers/users of the DSEIMs and the transfer of the DST balances to the eDST System to the Assis- tant Commissioner on or before 31 August 2010 otherwise any other unused DST balances still loaded in the DSEIM after the said date shall be deemed forfeit- ed in favor of the BIR. Any taxpayers/users of com- pany-owned DSEIMs who opted to forego the verifica- tion of the DSEIMs shall be precluded from transferring any unused DST balance(s) loaded in the said machines to the eDST system.
REVENUE MEMORAN- DUM ORDER 69-2010
Prescribes the guidelines on the issuance of electronic Letters of Authority (eLAs), Tax Verifica- tion Notices (TVNs) and Mem- oranda of Assignment (MOA). Starting 16 August 2010, only eLAs printed on BIR Form 1966 shall be issued by the BIR for the audit/investigation of tax liabilities, except Estate Tax cases. TVNs shall be issued for Estate Tax cases irrespective of the amount of gross estate until 31 December 2010. All Letters of Authority (LAs), whether manual or electronic, issued from 1 March 2010 cov- ering cases for 2009 and other taxable years, as well as LAs issued by the Commissioner pursuant to RMC No. 61-2010 I ns i de t hi s i s s ue: BIR Issuances 2 SEC Issuance 3 Legal Updates 4 Jurisprudence 6 JLs Corner 9
LCA LINES A U G U S T 2 0 1 0 V o l u m e I I I I s s u e N o . 8 Serving your purpose, realizing your dreams... BIR ISSUANCES 2
V o l u m e I I I I s s u e N o . 8 A U G U S T 2 0 1 0 August 2010 and are included in the Monthly of Summary Taxes Assessed (BIR Form No. 40.00), Collectible and Disputed Assess- ment shall be encoded in the ARCS by the Assessment Divi- sion, Large Taxpayers Service and Enforcement Service, as the case may be, before the dockets of these cases are transmitted to the Collec- tion Division or concerned Reve- nue District Office (RDO)/Large Taxpayers District Office (LTDO)/ Large Taxpayers Collection En- forcement Division (LTCED), as the case may be. For unpaid se cond installments of individual taxpayers income tax liabilities and dishonored checks that will be identified/created beginning 1 Au- gust 2010, these delinquent ac- counts shall also be encoded into the ARCS by the RDOs immedi- ately upon identification thereof.
REVENUE MEMORANDUM ORDER NO. 72-2010
Prescribes the guidelines on the processing of Tax Treaty Relief Applications (TTRA) pursuant to Philippine Tax Treaties. The following documents are the general documentary requirements that shall be attached to all duly accomplished TTRAs (3copies) which must be signed by the appli- cant who may either be the income earner or the authorized repre- sentative: Proof of Residency; Articles of Incorporation (for income earner other than an individual); Special Power of Attorney; Certification of Business Presence in the Philip- pines; and Certificate of No Pending Case. Other documentary requirements and procedures for the processing of specific applications for relief from double taxation under exist- ing tax treaties (i.e. those pertain- ing to business profits, shipping, air transport, royalties, etc.) are specified in the Revenue Memo- randum Order No. 1-2000. All tax treaty relief applications relative to the implementation and interpretation of the provisions of Philippine tax treaties shall only be submitted to and received by the International Tax Affairs Division (ITAD). If the forms or any other necessary documents are submitted to any other BIR Office, the appli- cation shall be considered as im- properly filed. Filing should always be made BE- FORE the transaction. Transac- tion, for purposes of filing the TTRA, shall mean before the oc- currence of the first taxable event. Failure to properly file the TTRA with ITAD within the prescribed period shall have the effect of dis- qualifying the TTRA under the Order. Taxpayer/applicant shall not be allowed to withdraw any TTRA/ documents already filed with IT- AD. The same shall remain with ITAD for custodianship and safe- keeping. REVENUE MEMORANDUM ORDER 73-2001
Further amends certain provi- sions of Revenue Memorandum Order No. 3-2009 relative to the submission of reportorial require- ments under the Oplan Kan- dado Program.
REVENUE MEMORANDUM CIRCULAR 68-2010
Prescribes the guidelines and pro- cedures in granting the request of Large Taxpayers (LTs) for exten- sion in complying with the re- quirements for the mandatory use of Computerized Accounting System (CAS) and/or compo- nents thereof under Revenue Regulation (RR) No. 9-2009. All LTs currently maintaining books of accounts and accounting records in manual form are re- quired to register their CAS and/ or thei components thereof not later than 31 December 2009. However due to time and budget- 3
A U G U S T 2 0 1 0 V o l u m e I I I I s s u e N o . 8 ary constraints, some LTs have requested for a reasonable win- dow to comply beyond the set deadline. The LTs covered by the set dead- line include the following: -Those using an excel program in their recordkeeping or maintain- ing their books of accounts and other accounting records in man- ual form; -Those already using CAS and/or components thereof, whether off- the-shelf or customized system, without securing the required Permit to Use/Adopt CAS and/or components thereof from the Large Taxpayers Service (LTS); and -Those using CAS and/or compo- nents thereof and were issued permit to use such system prior to taxable year 2002, but are re- quired to apply for revalidation of existing permit on or before 31 December 2010. Said LTs who failed to comply within the prescribed deadline for the registration of their CAS and/or components thereof, shall submit a letter addressed to the Assistant Commissioner, LTS (ACIR-LTS), Chief, Large Taxpayers Assistance Division (LTAD) or Chief, Large Taxpayers District Office (LTDO), as the case may be, requesting for an extension of time within which to comply with the requirements set forth under RR No. 9-2009.
REVENUE MEMORANDUM CIRCULAR NO. 70-2010
Circularizes the revocation of BIR Ruling Nos. DA-413-04 dated 30 July 2004 and DA-436-04 dated 12 August 2004 and clarifies the basis in computing depreciation of prop- erty, plant and equipment. The Supreme Court, in its decision in Basilan Estates, Inc. vs. CIR (GR No. L-224992, 5 September 1967), held that depreciation of an asset must be premised on its ac- quisition cost, and not on its reap- praised value. The BIR reiterated said principle in RAMO No. 1-00 (dated 7 March 2000), which states that: No depreciation is allowable on the appraisal increase of fixed as- sets. Any foreseeable salvage val- ue is to be deducted from the cost of the asset in determining the basis of depreciation. The concept of depreciation as a mere recovery cost has not changed from the Old Tax Code to the present. Thus, there is no compelling reason to deviate from the sound principles laid down in the aforecited Decision of the Su- preme Court.
MEMORANDUM CIRCU- LAR NO. 6 SERIES OF 2010
To maintain and organized and orderly filing of Financial State- ments (FS), the Commission, pursuant to its authority under the Corporation Code and Secu- rities Regulation Code the fol- lowing measures in filing of the FS of companies whose fiscal year ends on 31 December 2010.
-All corporation including branch offices, representative offices, re- gional headquarters and regional operating headquarters of foreign corporations, that file their FS at the Commissions head office shall, depending on the last numer- ical digit of their SEC registration or license number, be governed by the following schedule in filing period for 2011:
April 14, 15, 18, 19, 201 and 2 SECURITIES and EXCHANGE COMMISSION ISSUANCE 4
V o l u m e I I I I s s u e N o . 8 A U G U S T 2 0 1 0 -Corporations whose fiscal year ends on a date other than 31 De- cember 2010 shall comply with their original filing schedule. -Prior to 18 April 2011, all corpo- rations may file their FS regardless of the last numerical digit of their registration or license number.
LEGAL UPDATES April 25, 26, 27, 28, 293 and 4 May 3, 4, 5, 65 and 6 May 9, 10, 11, 12, 137 and 8 May 16, 17, 18, 19, 209 and 0 RA 10086
STRENGTHENING PEOPLES NATIONALISM THROUGH PHILIPPINE HISTORY ACT
FEATURES:
RA 10086 changed the National Historical Institute into the National Historical Commission of the Philippines (NHCP), an independent agency attached to the National Commission for Culture and the Arts. The NHCP was de- clared to be the primary govern- ment agency responsible for histo- ry and has the authority to deter- mine all factual matters relating to official Philippine history.
To view full text, please go to: http://nhi.gov.ph/files/ RA10086.pdf
RA 10088
ANTI-CAMCORDING ACT OF 2010
FEATURES:
The Act declares and lists down unlawful acts committed when a copyright exists in a cinemato- graphic film or other audiovisual work or its soundtrack, without the authorization of the copyright owner or exclusive licensee.
The Act provides for presumptions on the subsistence of copyright and/or ownership of copyright. It shall not be a defense that the transmission or the making of a copy is for private or domestic pur- poses, or in connection with a fair use deal.
All exhibition facilities, cinemas or theatres are required to conspicu- ously post notices or signages warning against the bringing in of audiovisual record- ing devices into the screening/ exhibition area. The management/ operator who fails to post these required notices shall be fined.
To view full text, please go to: http://www.senate.gov.ph/ republic_acts/ra%2010088.pdf
RA 10089
PHILIPPINE RUBBER RE- SEARCH INSTITUTE ACT OF 2010
FEATURES:
The Act created the Philippine Rubber Research Institute (PRRI) from the main institute for rubber at the Mindanao Statue University, and placed under the control and supervision of the Department of Agriculture (DA). The PRRIs 5
A U G U S T 2 0 1 0 V o l u m e I I I I s s u e N o . 8 mandate is to initiate and adminis- ter research and development pro- grams to improve the quality and increase the productivity of rubber, especially for the benefit of small- holder rubber producers and pro- cessors.
To view full text, please go to: http://www.senate.gov.ph/ republic_acts/ra%2010089.pdf
RA 10054
MOTORCYCLE HELMET ACT OF 2009
FEATURES:
Mandates that all motorcycle rid- ers, both drivers and back riders, but except tricycle drivers, shall wear standard protective motorcy- cle helmets, regardless of the length of the drive and the type of the road. Failure to wear the re- quired helmet shall be punished with a fine.
Sellers and dealers of motorcycles are also mandated to make availa- ble for purchase a standard motor- cycle helmet for each motorcycle unit.
Finally, a person who uses, sells, and distributes substandard motor- cycle helmets, or those which do not bear the required Philippine Standard (PS) mark or Import Commodity Clearance (ICC) cer- tificate, shall likewise be penal- ized. These fines shall be without prejudice to the penalties imposed under the Consumer Act of the Philippines (RA 7394).
To view full text, please go to: http://www.senate.gov.ph/ republic_acts/ra%2010054.pdf
RA 10055
PHILIPPINE TECHNO- LO- GY TRANSFER ACT OF 2009
FEATURES: Provides for the framework and support system for the ownership, management, use and commercial- ization of intellectual property gen- erated from government funded researches.
To view full text, please go to: http://www.senate.gov.ph/ republic_acts/ra%2010055.pdf
EXECUTIVE ORDER NO. 885
MODIFYING THE NOMEN- CLATURE AND THE RATES OF DUTY ON IM- PORTED EDUCATIONAL, TECHNICAL, SCIENTIFIC AND HISTORICAL OR CULTURAL BOOKS UN- DER SECTION 104 OF THE TARIFF AND CUSTOMS CODE OF 1978 (PRESIDENTIAL DECREE NO. 1464), AS AMENDED
FEATURES:
The Philippines, as signatory to the United Nations Educations, Scien- tific and Cultural Organization Florence Agreement undertakes "not to apply customs duties or other charges on, or in connection with, the importation of (a) books, publications and documents; (b) educational, scientific and cultural materials, which are the products of another Contracting State, sub- ject to conditions. To view full text, please go to: http:// www.tariffcommission.gov.ph/ eo_885.htm
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V o l u m e I I I I s s u e N o . 8 A U G U S T 2 0 1 0
CITY MAYOR, CITY TREAS- URER, CITY ASSESSOR, ALL OF QUEZON CITY, and ALVIE- MERSON S. YU vs. RIZAL COMMERCIAL BANKING CORPORATION G.R. No. 171033 August 3, 2010
FACTS: Spouses Roberto and Monette Naval (spouses Naval) ob- tained a loan from RCBC. The real estate mortgage was later foreclosed and the properties were sold at pub- lic auction with RCBC as the high- est bidder. Certificates of Sale were issued.
An auction sale of tax delinquent properties was conducted by the City Treasurer of Quezon City. Al- vin Emerson S. Yu (Yu) was the highest bidder. Upon payment of the tax delinquencies, he was issued the Certificate of Sale of Delinquent Property.
Spouses Naval contended, that it had until one (1) year from the date of registration of the certificate of sale to redeem the property.
ISSUE: Whether or not spouses Naval has a right to redemption.
RULING: Spouses Naval has a right to redemption.
The owner of the delinquent real property or person having legal interest therein, or his representa- tive, has the right to redeem the property within one (1) year from the date of sale upon payment of the delinquent tax and other fees. Verily, the period of redemption of tax delinquent properties should be counted not from the date of regis- tration of the certificate of sale, as previously provided by Section 78 of P.D. No. 464 (The Real Proper- ty Tax Code), but rather on the date of sale of the tax delinquent property, as explicitly provided by Section 261 of R.A. No. 7160 (The Local Government Code of 1991).
CARLOS DE CASTRO vs. LIBERTY BROADCASTING NETWORK INC. and EDGARDO QUIOGE G.R. No. 165153 August 25,2010
FACTS: Carlos C. de Castro (de Castro) filed a complaint against its employer Liberty Broadcasting Network Inc. (LBNI) for illegal dismissal with NLRC praying for reinstatement, payment of back wages, damages, and attorneys fees. He maintained that he could not have solicited commissions from suppliers considering that he was new in the company.
The Labor Arbiter (LA) rendered a decision in de Castros favor, holding LBNI liable for illegal dismissal.
The National Labor Relations Commission (NLRC) ruled in favor of de Castro.
ISSUE: Whether or not LBNI is liable for illegal dismissal.
RULING: LBNI is liable for illegal dismissal.
The Court found de Castros dis- missal was based on unsubstanti- ated charges. De Castro had not stayed in the company and had not even passed the probationary period and when the acts charged allegedly took place. This is con- trary to common practice since new employees will have a posi- tive motivation to make a good impression in order to be regular- ized.
The Court ruled that the grounds that LBNI invoked for de Castros dismissal were doubtful. These doubts should be interpreted in JURISPRUDENCE 7
A U G U S T 2 0 1 0 V o l u m e I I I I s s u e N o . 8 De Castros favor pursuant to Arti- cle 4 of Labor Code. Between a laborer and his employer, doubts reasonably arising from the evi- dence or interpretation of agree- ments and writing should be re- solved in the formers favor.
MICHAEL B. BELEN vs. JUDGE MEDEL ARNALDO B. BELEN, Regional Trial Court, Calamba City, Branch 36 A.M. No. RTJ-08-2139, August 9,2010
FACTS: Michael B. Belen (Michael) filed a complaint with the Office of the Court Admin- istrator (OCA) of the Supreme Court, charging Judge Medel Arnaldo B. Belen (Judge Medel) with grave abuse of authority and conduct unbecoming a judge. According to Michael, Judge Medel filed a case for Estafa against Michaels father, Nezer D. Belen (Nezer), but the same was dismissed for lack of probable cause.
Thereafter, Judge Medel alleg- edly started harassing and threatening Nezer with the fil- ing of several cases against the latter.
ISSUE: Whether or not Judge Medel is guilty of grave abuse of discretion.
RULING: Judge Medel is guilty of grave abuse of discre- tion. In this case where Judge Medel committed the acts of threat and harassments against Mi- chael and Nezer, the former violated the rule that judges shall not allow family, social or other relationships to influence judicial conduct or judgment. That propriety and appearance of propriety are essential to the performance of the judge.
PEOPLE OF THE PHILIPPINES vs. ESTELA TUAN y BALUDDA G.R. No. 176066 August 11, 2010
FACTS: Two separate Infor- mations were filed before the RTC against Estela Tuan y Baludda (Baludda) for illegal possession of marijuana and illegal possession of firearm.
The Regional Trial Court (RTC) found Baludda guilty as charged. The Court of Appeals affirmed the decision of the RTC with regard to the illegal possession of marijuana and acquitted the accused with re- gard to the charge of illegal pos- session of firearm since the records were bereft of evidence that the gun supposedly confiscated from Baludda was unlicensed.
ISSUE: Whether or not there was a showing of procedural defect or lapses in the issuance of the search warrant.
RULING: There was no showing of procedural defect or lapses in the issuance of the search warrant.
The validity of the issuance of a search warrant rests upon the fol- lowing factors: (1) it must be is- sued upon probable cause; (2) the probable cause must be determined by the judge himself and not by the applicant or any other person; (3) in the determination of probable cause, the judge must examine, under oath or affirmation, the com- plainant and such witnesses as the latter may produce; and (4) the warrant issued must particularly describe the place to be searched and persons or things to be seized.
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V o l u m e I I I I s s u e N o . 8 A U G U S T 2 0 1 0 A description of the place to be searched is sufficient if the officer serving the warrant can, with rea- sonable effort, ascertain and identi- fy the place intended and distin- guish it from other places in the community. In the case at bar, the address and description of the place to be searched in the Search Warrant was specific enough.
VICTORINA (VICTORIA) ALICE LIM LAZARO vs. BREWMASTER INTERNA- TIONAL, INC. G.R. No. 182779 August 23, 2010
FACTS: Brewmaster Internation- al, Inc., (Brewmaster) is a market- ing company engaged in selling and distributing beer and other products of Asia Brewery, Inc. Brewmaster filed a Complaint for Sum of Money against Prescillo G. Lazaro (Prescillo) and Victorina (also known as Victoria) Alice Lazaro alleging that Prescillo and Victoria obtained on credit from Brewmaster beer and other prod- ucts and despite repeated demands, they have failed and refused to pay their aforesaid obligation.
The Metropolitan Trial Court (MeTC) dismissed the complaint ratiocinating that Brewmaster failed to meet the burden of proof required to establish its claim by preponderance of evidence.
The Regional Trial Court (RTC) found no reversible error in the assailed decision.
The Court of Appeals (CA) ruled in favor of Brewmaster.
ISSUE: Whether or not the Com- plaint failed to state a cause of ac- tion.
RULING: The Complaint did not fail to state a cause of action.
The basic requirement under the rules of procedure is that a com- plaint must make a plain, concise, and direct statement of the ultimate facts on which the plaintiff relies for his claim.
To determine whether the com- plaint states a cause of action, all documents attached thereto may, in fact, be considered, particularly when referred to in the complaint. if the complaint does not state a cause of action, then no relief can be granted to the plaintiff and it would necessarily follow that the allegations in the complaint would not warrant a judgment favorable to the plaintiff.
In the case at bar, the Complaint sufficiently states a cause of ac- tion. The following allegations in the complaint adequately make up a cause of action for collection of sum of money against Victoria: (1) that Victoria and her husband ob- tained beer and other products on credit from Brewmaster; and (2) that they refused to pay despite demand.
Although it is true that sales in- voices are not actionable docu- ments, they were not the bases of Brewmasters action for sum of money but were attached to the Complaint only to provide details on the alleged transactions.
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A U G U S T 2 0 1 0 V o l u m e I I I I s s u e N o . 8 At the start of a trial, a lawyer called his first witness to the stand. She seemed like a sweet, elderly woman. He approached her and asked, "Mrs. Santos, do you know me?" She responded, "Why, yes, I do know you attorney. I've known you since you were a young boy. You've become a huge disappointment to me. You lie, you cheat on your wife, you ma- nipulate people and talk about them behind their backs. You think you are a hot shot law- yer, when you havent got the brains to realize you never will amount to anything more than a two-bit paper pusher. Yes, I know you." The lawyer was stunned. Not knowing what else to do he pointed across the room and asked, "Mrs. Santos, do you know the defense attorney?" She replied, "Why, of course I do. I've known him since he was a youngster, too. I used to baby-sit him for his parents. And he, also, is a real disappointment. He's lazy, bigoted, never has a nice word to say about anybody, and he drinks like a fish. He's had indecent relation- ships with so many women, and everybody knows that he charges so much legal fees to his clients. Yes, I know him." The judge rapped his gavel, to quiet the tittering among the spectators in the courtroom. Once the room was silent, he called both attorneys to his bench. In a quiet, menacing voice, he warned, "If either of you asks her if she knows me, you'll be jailed for contempt!"
JLs Corner Volume III Issue No. 8 August 2010 LAGUNDI CARONAN AND ASSOCI ATES DO YOU KNOW M E?