Reagan VS Tax Commissioner GR-L26379
Reagan VS Tax Commissioner GR-L26379
Reagan VS Tax Commissioner GR-L26379
TOPIC: ARTICLE 1-SOVERIEGNITY W/N the country can levy a tax on sales made in the US
military base – an alleged seclusion to the Philippine territory.
G.R. No. L-26379 December 27, 1969
WILLIAM REGAN, petitioner,
RULING
vs.
Yes.
COMMISSIONER OF INTERNAL REVENUE, respondent.
The military air base leased by the US is not a US
FERNANDO, J.:
territory. The sovereignty of the Philippines, and its power of
taxation is not precluded in a US military base. The People v.
Acierto provided
FACTS
“By the [Military Bases] Agreement, it should be noted,
1. Petitioner William Reagan is a civilian service the Philippine Government merely consents that the
employee in US military base – Clark Air Base in United States exercise jurisdiction in certain cases. The
the Philippines, He engaged in a selling of his car to consent was given purely as a matter of comity,
an another American, a US soldier named William courtesy, or expediency over the bases as part of the
Johnson Philippine territory or divested itself completely of
jurisdiction over offenses committed therein."
2. Upon that, the internal revenue service of the
Philippines levied him a tax. He paid but sought a In citing previous cases that tax were not levied, he erred
refund, claiming that the revenue service cannot because those restrictions are imposed by the Philippines to her
impose tax obligation on him for the sale was made sovereign at its own discretion as a part of the sovereignty’s
on a US military base – a US territory they claimed nature of auto-limitation. That limitation must come from the
State itself and not from someone else. Thus, the Courtb
3. The Court of Tax Appeals dismissed his petition affirmed the appellate court’s decision.
and affirmed his tax obligation.