084 Ormoc Sugar Company, Inc v Treasurer of Ormoc
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Transcript of 084 Ormoc Sugar Company, Inc v Treasurer of Ormoc
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Ormoc Sugar v. Treasurer of Ormoc 130 Phil 595 | GR No. L-‐23794 | 17 February 1968 | Bengzon, J.P., J. Princess Trisha Joy Z. Uy | Law 122-‐Constitutional Law II | Grp3
An ordinance is declared unconstitutional because it only applies to the petitioner.
! Ordinance No. 4: imposing “on any and all productions of centrifugal sugar milled at Ormoc Sugar
Company, Inc. in Ormoc City a municipal tax.” ! Payments for the tax were made under protest by the petitioner.
Petitioner (Anti) Defendants (Pro)
Court Ordinance is violative of equal protection and the rule of uniformity of taxation.
It does not violate equal protection.
Classification is only reasonable when: (1) based on substatntial distinctions which make real differences (2) germane to the purpose of the law (3) classification applies to present and future conditions substantially identical to those of the
present. (4) The classification applies only to those who belong to the same class. The ordinance does not meet all the requisites, it only taxes the petitioner and no other. The taxing
ordinance should not be singular and exclusive to exclude subsequently established sugar companies. The wording makes the tax specific to the petitioner, so if another sugar company is established it would not
be subject to the same tax. Tax is neither a production nor license tax Ormoc is authorized to impose.
It is within the authority of the provincial board to impose.
The imposition of the tax is for the export of centrifugal sugar produced by the petitioner. The production of sugar alone is not taxable; the only time it applies is when the sugar is exported.
Ordinance is Unconstitutional.
Equal Protection