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249 SCRA 635 Any posts, comments, and opinions posted
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Law Origination of never be construed as attributable to said law
Revenue Bills EVAT office.
Amendment by
Substitution
Arturo Tolentino et
al are questioning
the constitutionality
(http://creativecommons.org/licenses/by-nc-
of RA 7716
sa/3.0/)
otherwise known as
Digests and other resources within this site are
the Expanded Value
licensed under a Creative Commons Attribution-
Added Tax (EVAT)
NonCommercial-ShareAlike License
Law. Tolentino
(http://creativecommons.org/licenses/by-nc-
averred that this
sa/3.0/) unless otherwise indicated.
revenue bill did not
exclusively
originate from the
House of Browse Our Pages
Representatives as
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required by Section
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24, Article 6 of the
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Constitution. Even
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though RA 7716
PRIVACY POLICY (http://www.uberdigests.info/privacy-
originated as HB
policy/)
11197 and that it
DISCLAIMER (http://www.uberdigests.info/disclaimer/)
passed the 3
THE LAWYERS OATH (http://www.uberdigests.info/the-
readings in the HoR,
lawyers-oath/)
the same did not
FILIPINOLOSOPHY (http://howard.uberdigests.info/)
complete the 3
PARTNERS (http://www.uberdigests.info/partners/)
readings in Senate
SITEMAP (http://www.uberdigests.info/sitemap.xml)
for after the 1st
reading it was
referred to the
Senate Ways & Featured Articles
Means Committee
Best Jobs To Have While Taking Up Law
thereafter Senate
(http://www.uberdigests.info/2013/03/the-best-jobs-to-
passed its own
have-while-taking-up-law/)
version known as
How To Digest Cases
Senate Bill 1630.
(http://www.uberdigests.info/2012/06/how-to-digest-
Tolentino averred
cases/)
that what Senate
Miranda Rights in the Philippines
could have done is
(http://www.uberdigests.info/2013/05/miranda-rights-
amend HB 11197 by
in-the-philippines/)
striking out its text
SWA is a Scam!
and substituting it
(http://howard.uberdigests.info/2013/11/19/swa-is-a-
with the text of SB
scam/)
1630 in that way
The Toughest Bar Exams in the World
the bill remains a
(http://www.uberdigests.info/2013/05/the-toughest-bar-
House Bill and the
exams-in-the-world/)
Senate version just
Is Love Legally Demandable?
becomes the text
(http://howard.uberdigests.info/2012/02/09/is-love-
(only the text) of
legally-demandable/)
the HB. (Its
Should the 2015 Bar Exams Be Moved?
ironic however to
(http://www.uberdigests.info/2014/04/should-the-2015-
note that Tolentino
bar-be-moved/)
and co-petitioner
Raul Roco even
signed the said
Senate Bill.)
ISSUE: Whether or
not the EVAT law is
procedurally infirm.
HELD: No. By a 9-6
vote, the Supreme
Court rejected the
challenge, holding
that such
consolidation was
consistent with the
power of the Senate
to propose or
concur with
amendments to the
version originated
in the HoR. What
the Constitution
simply means,
according to the 9
justices, is that the
initiative must
come from the HoR.
Note also that there
were several
instances before
where Senate
passed its own
version rather than
having the HoR
version as far as
revenue and other
such bills are
concerned. This
practice of
amendment by
substitution has
always been
accepted. The
proposition of
Tolentino concerns
a mere matter of
form. There is no
showing that it
would make a
significant
difference if Senate
were to adopt his
over what has been
done.
Comment
s
6 comments
6
comments
Marivic Linag
(http://www.facebook.com/profile.php?
id=100000309770358)
|
November
27, 2011
@ 1:52
pm
(HTTP://WWW.UBERDIGESTS.INFO/2011/11/ARTURO-
TOLENTINO-VS-SECRETARY-OF-FINANCE/?
Thank
you!
Howard Chan
(http://www.facebook.com/profile.php?
id=100000747946540)
|
November
28, 2011
@ 5:27
pm
(HTTP://WWW.UBERDIGESTS.INFO/2011/11/ARTURO-
TOLENTINO-VS-SECRETARY-OF-FINANCE/?
Welcome
po
Elnora Hassan
(http://www.facebook.com/elnora.hassan)
|
May 13,
2012 @
3:32 pm
(HTTP://WWW.UBERDIGESTS.INFO/2011/11/ARTURO-
TOLENTINO-VS-SECRETARY-OF-FINANCE/?
Sukran!
Cherry C
Castillo
|
July 21,
2012 @
12:44
pm
(HTTP://WWW.UBERDIGESTS.INFO/2011/11/ARTURO-
TOLENTINO-VS-SECRETARY-OF-FINANCE/?
Nice..
Thanks
Ralph
Banatao
|
September
5, 2012 @
6:54 am
(HTTP://WWW.UBERDIGESTS.INFO/2011/11/ARTURO-
TOLENTINO-VS-SECRETARY-OF-FINANCE/?
useful
talgah
pag
may
digest
marelate
muh sa
full
text.
(HTTP://WWW.UBERDIGESTS.INFO/2011/11/ARTURO-
TOLENTINO-VS-SECRETARY-OF-FINANCE/?
ok
thanks
solved
na ang
homework
ko.
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