DIGESTS FOR ADMINISTRATIVE LAW UA&P LAW 2018

Philippine National Oil Company v. CA

GR No. 109976/112800, 26 April 2005

LEGAL DOCTRINE:

 The discretionary power of the BIR Commissioner to enter into compromises cannot be superior over the
power of judicial review by the courts, his authority to compromise granted to the BIR Commissioner is
never meant to be absolute, uncontrolled and unrestrained.

FACTS:

 In a sworn statement by private respondent Tirso Savellano to the BIR, Savellano informed BIR that PNB
had failed to withhold the 15% final tax on interest earnings and/or yields from the money placements of
PNOC with the said bank in violation of PD 1931, which withdrew all tax exemptions of GOCCs.
 Thereafter, BIR requested to PNOC to settle its liability for taxes on the interests earned by its money
placements with PNB and which PNB did not withhold.
 PNOC wrote to the BIR and made an offer to compromise its tax liability. It proposed to set-off its tax
liability against a claim for tax refund/credit of NAPOCOR, then pending with the BIR. The amount of the
claim for tax refund/credit was supposedly a receivable amount of PNOC from NAPOCOR.
 Soonafter, BIR sent a demand letter to PNB, as withholding agent, for the payment of the final tax on the
interest earnings and/or yields from PNOC’s money placements with the bank, PNOC was informed of
said demand letter to PNB.
 Hence, in another letter, PNOC reiterated its proposal to settle its tax liability through the set-off earlier
suggested, to which the BIR replied that the proposal for set off was premature since NAPOCOR’s claim
was still under process.
 PNOC made another offer to the BIR to compromise its tax liability by paying 30% of the basic tax due
in accordance with E0 44. BIR accepted the compromise.
 Privant respondent Savellano received an informer’s reward from the BIR in installments. Thereafter,
Savellano demanded the payment of the remaining balance of his reward, but the BIR contended that it
already fully paid the informer’s reward, which is equivalent to 15% of the amount of tax actually collected
by the BIR pursuant to the compromise agreement with PNOC.
 Savellano submitted another letter to the BIR questioning the legality of the compromise agreement it
entered into with PNOC, and claimed that the tax liability should have been collected in full. When this
was denied by the BIR, he filed a motion for reconsideration.
 Thereafter, while his MR was pending, Savellano filed a petition for review with the CTA alleging that BIR
Commissioner Tan acted “with grave abuse of discretion and/or whimsical exercise of jurisdiction” in
entering into a compromise agreement that resulted in “a gross and unconscionable diminution” of his
reward.
 Years after, the new BIR commissioner demanded that PNB pay the deficiency withholding tax on
PNOC’s money placements. With this, Savellano filed a motion to withdraw his motion for suspension of
the proceeding since the BIR already resolved his MR.
 CTA rendered a decision declaring the compromise agreement between BIR, PNOC and PNB to be
without force and effect, and directed the BIR to enforce the tax assessment it issued against PNB.
 On appeal, the CA affirmed the decision of the CTA. Hence, this petition.

ISSUE:

Whether the Court of Tax Appeals had jurisdiction to question the compromise agreement entered into by the
Commissioner of International Revenue. YES, the CTA had jurisdiction to question the compromise
agreement.

RATIO

RJTS
DIGESTS FOR ADMINISTRATIVE LAW UA&P LAW 2018
 It is generally true that purely administrative and discretionary functions may not be interfered with by the
courts; but when the exercise of such functions by the administrative officer is tainted by a failure to abide
by the command of the law, then it is incumbent on the courts to set matters right, with this Court having
the last say on the matter. The manner by which BIR Commissioner Tan exercised his discretionary
power to enter into a compromise was brought under the scrutiny of the CTA amidst allegations of “grave
abuse of discretion and/or whimsical exercise of jurisdiction.” The discretionary power of the BIR
Commissioner to enter into compromises cannot be superior over the power of judicial review by the
courts. The discretionary authority to compromise granted to the BIR Commissioner is never meant to be
absolute, uncontrolled and unrestrained. No such unlimited power may be validly granted to any officer
of the government, except perhaps in cases of national emergency.

 In this case, the BIR Commissioner’s authority to compromise, whether under E.O. No. 44 or Section 246
of the NIRC of 1977, as amended, can only be exercised under certain circumstances specifically
identified in said statutes. The BIR Commissioner would have to exercise his discretion within the
parameters set by the law, and in case he abuses his discretion, the CTA may correct such abuse if the
matter is appealed to them.

 Although the general rule is that compromises are to be favored, and that compromises entered into in
good faith cannot be set aside, this rule is not without qualification. A court may still reject a compromise
or settlement when it is repugnant to law, morals, good customs, public order, or public policy. The
compromise agreement between the BIR and PNOC was contrary to law having been entered into by
BIR Commissioner Tan in excess or in abuse of the authority granted to him by legislation. E.O. No. 44
and the NIRC of 1977, as amended, had identified the situations wherein the BIR Commissioner may
compromise tax liabilities, and none of these situations existed in this case.

 In the case at bar, the compromise was contrary to public policy. The primary duty of the BIR is to collect
taxes since taxes are the lifeblood of the Government and their prompt and certain availability are
imperious needs. In the present case, however, BIR Commissioner Tan, by entering into the compromise
agreement that was bereft of any legal basis, would have caused the Government to lose almost P300
million in tax revenues and would have deprived the Government of much needed monetary resources.
Allegations of good faith and previous execution of the terms of the compromise agreement on the part
of PNOC would not be enough for this Court to disregard the demands of law and public policy.
Compromise may be the favored method to settle disputes, but when it involves taxes, it may be subject
to closer scrutiny by the courts. A compromise agreement involving taxes would affect not just the
taxpayer and the BIR, but also the whole nation, the ultimate beneficiary of the tax revenues collected.

RJTS