Philippine Bar review · Question

Practice question: Power of Taxation

Multiple Choice Hard

Practice question

A taxpayer attacks a consumption tax solely by showing that this particular levy may consume a higher proportion of a low-income buyer's income than of a wealthy buyer's income. The taxpayer presents no other constitutional defect and argues that every individual tax must be progressive. Which response best states the constitutional system requirement discussed in Tolentino?
  1. Every consumption tax is unconstitutional regardless of the overall system.
  2. Every taxpayer must owe the same number of pesos under every levy.
  3. A regressive feature automatically eliminates Congress's taxation power.
  4. The Constitution directs Congress to evolve a progressive system; the asserted feature alone does not establish that every individual tax is constitutionally forbidden.
  5. The progressive-system clause authorizes administrative officials to ignore every enacted tax.

Legal references

  • 1987 Constitution, Article VI Section 28(1): https://lawphil.net/consti/cons1987.html
  • Tolentino v. Secretary of Finance, G.R. No. 115455 et al., August 25, 1994, main decision: https://lawphil.net/judjuris/juri1994/aug1994/gr_115455_1994.html
  • Tolentino v. Secretary of Finance, October 30, 1995, main resolution: https://lawphil.net/judjuris/juri1995/oct1995/gr_115455_1995.html

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