REPUBliC OF THE PHiliPPINES

Coon of Tax Appeals

QUEZON CITY

SECOND DIVISION

PHILIPPINE COMMUNICATIONS C.T.A. CASE NO. 6976

SATELLITE CORPORATION,
Petitioner,
Members:

CASTANEDA, JR., Chairperson

-versus- UY, and
PALANCA-ENRIQUEZ, JJ.

COMMISSIONER OF INTERNAL Promulgated:

REVENUE, R d t NOV 2 1 Z007 /
espon en. _
~ ? ~:Dof.m.
)'------------------------------------------r ----- -----x
DECISION

CASTANEDA, JR., .J..:

This is a Petition for Review seeking the cancellation and withdrawal of

Final Assessment Notice No. EWT-97-000029 for alleged deficiency

expanded withholding tax in the amount of THIRTY TWO MILLION NINE

HUNDRED NINETY EIGHT THOUSAND ONE HUNDRED FOUR AND

90/100 PESOS (P32,998, 104.90), covering the taxable period 1997.

The facts as admitted by the parties and as culled from the records of

the case are as follows :

Petitioner is a domestic corporation duly registered before the

Securities and Exchange Commission (SEC) , with business address at the f!t-
DECISION
C.T.A. CASE NO. 6976
Page 2 of 15

1ih Floor Telecoms Plaza Bldg ., 316 Senator Gil Puyat Avenue , Makati City,

Metro Manila.1

Respondent is the duly appointed Commissioner of Internal Revenue

mandated by law to enforce and implement the National Internal Revenue

Code and related statutes, including , among others, the power to cancel

disputed assessments. He holds office at the Bureau of Internal Revenue

(BIR) National Office Building , Diliman , Quezon City.2

On August 31 , 2001 , as a result of an investigation pursuant to the

revalidated Letter of Authority No. 00059010 3 dated April 12, 2000, the

Assistant Commissioner for the BIR Large Taxpayer Service, Virginia L.

Trinidad , issued against petitioner a Preliminary Assessment Notice (PAN)

and Details of Discrepancies for deficiency income tax, withholding tax on

compensation , expanded withholding tax (EWT) , and value added tax (VAT)

for taxable year 1997.4

On December 18, 2001 , petitioner filed with the BIR its protest against

the PAN. 5 On same date, petitioner also wrote the BIR and claimed that it

had remitted the amount of P10,298,510.00 as payment for Capital Gains Tax

(CGT) , but was intended as payment for withholding tax, due from petitioner's

purchase of real property in Pasig City. Thus, it requested the setting aside of

the tax assessment as it had complied with its obligation as withholding

agent.
6
£1t-

1
Par. 1, Joint Stipulation of Facts and I ssues, Docket, p. 60.
2
Par. 2, Joint Stipulation of Facts and I ssues, Docket, p. 60.
:· BI R Records, p. 17.
4
't:xhibit "1", BI R Records, pp. 365-358.
5
BIR Records, pp. 370-371.
6
BIR Records, p. 372.
DECISION
C.T.A. CASE NO. 6976
Page 3 of 15

On January 21, 2002, petitioner received a Final Assessment Notice

(FAN) No. EWT-97-000029, with Letter of Demand and Details of

Discrepancy, for deficiency expanded withholding tax.7 The discrepancy was

computed as follows :

Deficiency Expanded Withholding Tax

Acquisition of Land 238,438,500 .00

Multiply by Rate 7.5%
Creditable W/H Tax Due 17,882 ,887.50
EWT Remitted 0.00
Basic W/H Tax Due 17,882,887 .50
Add : Increments-
Interest (1/26/1998 to 4/15/2002) 15,090,217.40
Compromise Penalty 25 000.00
15 115 217.40
Amount due and collectible 32 998 104.90

On February 20, 2002, petitioner filed a protest letter disputing the

validity of the subject EWT assessment. 8

On March 31 , 2004, petitioner received respondent's letter affirming the

assessment and demanding payment of the deficiency expanded withholding

tax for 1997. The letter constituted respondent's final decision on the protest. 9

Hence, on April 30, 2004, petitioner filed before this Court a Petition for

Review. It alleged that consistent with the Court's ruling in the case of

Universal Molasses Corporation v. Commissioner of Internal Revenue 10 ,

petitioner cannot be held liable for the deficiency EWT since the sale of land

could not be perfected pending the resolution of the issue of ownership. As

regards the property located in Pasig City, petitioner claimed that it already

paid the EWT in the amount of P10,298,510.00, but mistakenly remitted as ?z-
7
Pars. 3 and 4, Joint Stipulation of Facts and Issues, Docket, pp. 60-61; BIR Records, pp. 509-514.
8
Par. 5, Joint Stipulation of Facts and Issues, Docket, p. 61; BIR Records, pp. 569-571.
9
Par. 7, Joint Stipulation of Facts and Issues, Docket, p. 61; BIR Records, pp. 603-606.
°
1
C T.A. case No. 5467, March 2~ 1999.
DECISION
C.T.A. CASE NO. 6976
Page 4 of 15

CGT. Petitioner likewise contended that the January 18, 2002 assessment

was issued beyond the three-year prescriptive period , since petitioner filed its

1997 tax return on April 15, 1998, respondent only had until April 15, 2001

within which to issue an assessment. Furthermore, the Final Letter of

Demand and Assessment Notice were issued in violation of the due process

requirement under the tax law and BIR rules and regulations.

On June 21, 2004, respondent filed his Answer and alleged the

following Special and Affirmative Defenses:11

"3. There was a perfected contract of sale of the land in

Cavite. Investigation revealed that Transfer of Certificate of
Title No. T-630341 in the name of the seller Florinda V.
Estrada was cancelled and Transfer of Certificate of Title
No. 649189 was issued in the name of petitioner.

4. Reliance of petitioner in the case of Universal Molasses

Corporation vs. CIR (C.T.A. Case No. 5467, March 26,
1999) is misplaced , because this case involves capital
gains tax on the sale of shares of stocks, not EWT which is
the subject of the assessment in the instant petition .

5. Petitioner could not present the actual returns to prove its

claim that it had mistakenly paid capital gains tax, instead
of EWT, in the amount of P10,298,510.00 with regard to
the purchase of lots in Pasig City. Hence, no reduction in
the amount of deficiency assessments can be made.

6. The right of respondent to issue the assessment has not

yet prescribed when it was issued on January 18, 2002,
because Ms. Analie M. Bulaoro, petitioner's authorized
representative , signed a 'Waiver of the Statute of
Limitations' dated December 19, 2000, extending the
prescriptive period to December 31 , 2001 and on August
28, 2001, another waiver further extending the period to
April 15, 2002.

7. All presumptions are in favor of the correctness of tax

assessments . " ~

11
Docket, pp. 31-32.
 DECISION
C.T.A. CASE NO. 6976
Page 5 of 15

Now, the parties submit the following issues 12 for the Court's resolution:

"I. Whether or not, as regards the sale of property located in

Cavite, the imposition of the subject deficiency EWT was
proper;

II. Whether or not, as regards the sale of property located in

Pasig City, the imposition of the subject deficiency EWT
assessment was proper;

Ill. Whether or not the Petitioner is liable to pay the amount

of P32 ,998,104.90 as deficiency EWT for taxable year
1997; and

IV. Whether the right of Respondent to issue an assessment

against the Petitioner has already prescribed at the time
the Respondent issued the subject final assessment
notice on 18 January 2002."

Generally, a sale or exchange of assets will have an income tax

incidence only when it is consummated . And , there is sale or exchange of

assets when the following elements are present: (1) transfer; and , (2)

consideration .13 Furthermore, a contract of sale is perfected by mere consent,

upon a meeting of the minds on the offer and the acceptance thereof based

on subject matter, price and terms of payment. 14 And , the contract of sale is

consummated when both parties have fully complied with their respective

obligations.15

Records show that there were several sales involving real property, to

wit:

SIR
Seller Document Amount
Records
Deed of Absolute Sale TCT No. PT-99288 13,673,000.00 pp. 385-386
1.Ed ita Lim Chua
Deed of Absolute Sale Tax Declaration No. E-022-01483 330,000.00 pp. 381-382
2.Emiliano R. Caruncho Deed of Absolute Sale OCT No. 52768 7,166 ,500.00 pp. 418-420

12
Joint Stipulation of Facts and Issues, Docket, p. 62.
13
Vitug and Acosta, Tax Law and Jurisprudence, 3rd ed., 141.
14
A/cantara-Daus vs. De Leon, G.R. No. 149750, 16 June 2003.
15
Ainza, eta/. vs. 5ps. Padua, G.R. No. 165420, June 30, 2005.
 DECISION
C.T.A. CASE NO. 6976
Page 6 of 15

Deed of Absolute Sale OCT No. 5335 10,356,500.00 pp. 415-4 17

3.Felisa Bonifacio et al. Deed of Absolute Sale OCT No. 748 94,259,000.00 pp. 405-407
4.Sps. Jaime Sia and TCT Nos. PC-80450, PT-80451 ,
Nenita De Guzman Deed of Absolute Sale 31 ,086,000.00 pp. 387-389
PT-74548
5.Joselito Santana, et
Deed of Absolute Sale Tax Declaration No. E-022-01480 1,567,500.00 pp. 41 2-414
a/.

The element of consideration is established by the following

documents:16

Exhibits Description Docket

Page

E Traders Royal Bank Debit Memo (dated May 23 , 1997) to petitioner, 284
with entry "Amount of Manager's Check No. 1224B in favor of
TRADER'S ROYAL BANK- Pasig Branch for the account of JAIME
SIA plus amount of service charge collected ."; in the amount of
P2,020 ,603 .50

E-1 285
Traders Royal Bank Debit Memo (dated May 21 , 1997) to petitioner,
with entry "xxx Amount of MC # 12232, 12233, 12234, 12235, 12236,
12237, 12248 purchased today" ; in the amount of P8 ,278,001 .00

E-2 Manager's Check No. 12235 dated May 21 , 1997 issued to Traders 286
Royal Bank-Pasig Branch for the account of Felisa Bonifacio; in the
amount of P6 , 126,835 .00
E-3 Manager's Check No. 12236 dated May 21 , 1997 issued to Traders 286
Royal Bank-Pasig Branch for the account of Emiliano Caruncho ; in the
amount of P465 ,825 .00
E-4 Manager's Check No. 12235 dated May 21 , 1997 issued to Traders 286
Royal Bank-Pasig Branch for the account of Emiliano Caruncho ; in the
amount of P673 , 175.00
E-5 Manager's Check No. 12248 dated May 23, 1997 issued to Traders 286
Royal Bank-Pasig Branch for the account of Jaime Sia ; in the amount
of P2 ,020,590.00
E-6 Manager's Check No. 12232 dated May 21, 1997 issued to Traders 287
Royal Bank-Pasig Branch for the account of Edita Lim Chua; in the
amount of P888 ,745 .00
E-7 Manager's Check No. 12233 dated May 21 , 1997 issued to Traders 287
Royal Bank-Pasig Branch for the account of Edita Lim Chua ; in the
amount of P21 ,450.00
E-8 Manager's Check No. 12234 dated May 21 , 1997 issued to Traders 287
Royal Bank-Pasig Branch for the account of Joselito Santana ; in the
amount of P101 ,890 .00

16
Exhibits "E-2" to "E-8".
DECISION
C.T.A. CASE NO . 6976
Page 7 of 15

Also , a certain Leonora Cruz, Attorney-in-fact of sellers Chua,

Caruncho, Bonifacio, Concepcion, and Santana , executed a letter

acknowledging her receipt of the amount of P141 ,735,000.00 on March 21 ,

1997.17

As to the element of transfer, records show the following facts :

Exhibits Description Docket

Page
p 311
Certificate Authorizing Registration (Real Property Transaction Subject
to Capital Gains Tax) No. 998987 dated June 3, 1997, showing that
Edita Lim Chua, et al., paid the amount of P683,650 .00 and
P205,095 .00 as basic tax and documentary stamp tax , respectively, for
the sale of real property covered by Tax Declaration No. 00970

Q Documentary Stamp Tax Declaration (BIR Form No . 2000) with stamp 313
date of June 2, 1997, showing that DST in the amount of P205 ,095 .00
was declared and paid by Edita Lim Chua, eta/.

s Documentary Stamp Tax Declaration (BIR Form No . 2000) showing that 316
DST in the amount of P155 ,350 .00 was declared and paid by Emiliano
and Aurora Caruncho on June 2, 1997
T Certificate Authorizing Registration (Real Property Transaction Subject 317
to Capital Gains Tax) No. 998442 dated June 9, 1997, showing that
Emiliano R. Caruncho, paid the amount of P358,325 .00, P1 0 and
P1 07 ,500.00 as capital gains tax , cert. fee, and documentary stamp tax ,
respectively , for the sale of real property covered by Tax Declaration No.
E-022-02271
u Documentary Stamp Tax Declaration (BIR Form No . 2000) showing that
319
DST in the amount of P107,500.00 was declared and paid by Emiliano
and Aurora Caruncho on June 2, 1997

v Capital Gains Tax Return/Application for Certificate Authorizing 321

Registration showing that Sps. Emiliano and Aurora Caruncho paid the
amount of P358 ,325 .00 as Capital Gains Tax for the sale of real property
covered by Tax Declaration No. E-022-02271 on June 2, 1997
w Documentary Stamp Tax Declaration (BIR Form No . 2000) showing that 322
DST in the amount of P1 ,413,885.00 was declared and paid by Felisa
Bonifacio, eta/. on June 2, 1997
X Certificate Authorizing Registration (Real Property Transaction Subject 323
to Capital Gains Tax) No . 998440 dated June 9, 1997, showing that
Felisa Bonifacio, eta/. paid the amount of P4,7 12,950.00, P10 .00 and
P1 ,413,885.00 as capital gains tax, cert. fee , and documentary stamp
tax, respectively, for the sale of real property covered by Tax Declaration
No. E-022-00979

17
BIR Records, p. 425.
DECISION
C.T.A. CASE NO. 6976
Page 8 of 15

y Certificate Authorizing Registration (Real Property Transaction Subject 325

to Capital Gains Tax) No. 998439 dated June 9, 1997, showing that Sps.
Jaime Sia and Nenita De Guzman paid the amount of P1 ,554 ,300.00,
P1 0.00 and P466,290 .00 as capital gains tax, cert. fee , and
documentary stamp tax, respectively, for the sale of real property
covered by TCT Nos. 80450 , 80451 , and 74548
z Documentary Stamp Tax Declaration (BIR Form No . 2000) showing that 327
DST in the amount of P466,290.00 was declared and paid by Jaime and
Nenita Sia on June 2, 1997

In addition , it was also established that petitioner bought from a certain

Florinda V. Estrada a parcel of land in Cavite, covered by TCT No. T-630341 ,

in the amount of P50,000,000.00. 18 Petitioner subsequently registered the

subject property in its name and was issued TCT No. 649189. 19

This Court finds that the above-mentioned transactions constitute as

consummated sales subject to income tax and the corresponding payment of

withholding tax.

Now, Section 50(b) of the National Internal Revenue Code of 1977

(Tax Code), as amended, provides:

"SEC. 50. Withholding of tax at source.

XXX XXX XXX

(b) Withholding of creditable tax at source. - The Secretary

of Finance may upon the recommendation of the Commissioner
of Internal Revenue, require also the withholding of a tax on the
items of income payable to persons (natural or juridical) residing
in the Philippines by payor-corporation/persons as provided for
by law at the rate of not less than 2%% but not more than 35%
thereof which shall be credited against the income tax liability of
the taxpayer for the taxable year."

There is no dispute that petitioner is not habitually engaged in real

estate business. It is a wholly-owned subsidiary of Philippine Overseas

Telecommunication Corporation and is engaged in the business of fjt-

18
Exhibits " F" to "I ".
19
Exhibit "I".
DECISION
C.T.A. CASE NO. 6976
Page 9 of 15

telecommunications and other allied services. 20 Being so, Section 1U)(4) of

Revenue Regulations (RR) No. 6-85, as amended by RR 12-94, applies. It

reads :

"Sec. 1. Income payments subject to creditable withholding tax

and rates prescribed thereon .- Except as herein otherwise
provided, there shall be withheld a creditable income tax at the
rates herein specified for each class of payee from the following
items of income payments to persons residing in the Philippines.

XXX XXX XXX

U) Gross selling price or total amount of consideration or its

equivalent paid to the seller/owner for the sale, exchange or
transfer of -

XXX XXX XXX

4. Real property, other than capital asset, by an

individual , estate, trust, trust fund or pension fund or real
property whether held as capital or ordinary asset, by a
corporation not habitually engaged in the real estate
business- seven and one-half percent (7.5%) ."

In the present case, there was a perfected contract of sale of the land

lodted in Cavite. In fact, the Memorandum Report of the BIR Examiners 21

points out that a Transfer of Certificate of Title (TCT) had already been issued

in the name of petitioner. Records show that TCT No. T-630341 in the name

of the seller Florinda V. Estrada had already been cancelled and Transfer

Certificate of Title No. 649189 had been issued in petitioner's name.

The title issued in the name of petitioner and the perfected Deed of

Absolute Sale are the pieces of evidence that proved the unconditional

transfer between the parties. This perfected and consummated transfer is the ;9z-

20
BIR Records, p. 493.
21
Exhibit "2".
DECISION
'.T.A. CASE NO. 6976
Page 10 of 15

transaction subject to taxes. This factual finding of the examiners was not

rebutted by petitioner.

Likewise, petitioner does not appear to dispute its liability for EWT

arising from its sales transaction of the property located in Pasig City; as the

proof of the consummated sale is found in the records . Accordingly, these

transactions are subject to EWT.

In the case of Commissioner of Internal Revenue vs. The Court of

Appeals, Court of Tax Appeals and A. Soriano Corp. 22 , the Supreme Court

explained the withholding tax system as follows :

"In the operation of the withholding tax system , the

withholding agent is the payor, a separate entity acting no more
than an agent of the government for the collection of the tax in
order to ensure its payments; the payer is the taxpayer - he is
the person subject to tax imposed by law; and the payee is the
taxing authority. In other words , the withhold ing agent is merely
a tax collector, not a taxpayer. Under the withholding system ,
however, the agent-payor becomes a payee by fiction of law.
His (agent) liability is direct and independent from the taxpayer,
because the income tax is still imposed on and due from the
latter. The agent is not liable for the tax as no wealth flowed into
him - he earned no income. The Tax Code only makes the
agent personally liable for the tax arising from the breach of
its legal duty to withhold as distinguished from its duty to
pay tax since:

'the government's cause of action

against the withholding agent is not for the
collection of income tax, but for the
enforcement of the withholding provision of
Section 53 of the Tax Code, compliance with
which is imposed on the withholding agent and
not upon the taxpayer. '

XXX XXX XXX

Codal provisions on withholding tax are mandatory and

must be complied with by the withholding agent. The taxpayer pc_
22
G.R. No. 108576, January 20, 1999.
DECISION
C.T.A. CASE NO. 6976
Page II of 15

should not answer for the non-performance by the withholding

agent of its legal duty to withhold unless there is collusion or bad
faith . The former could not be deemed to have evaded the tax
had the withholding agent performed its duty. xxx." (Emphasis
supplied)

Petitioner is being assessed for deficiency expanded withholding tax as

an agent for the government to ensure collection of taxes. Its liability to

withhold and remit taxes is personal and direct. As agent, petitioner shall be

made to answer for its failure to comply with the withholding tax provisions of

the Tax Code, which was to deduct and withhold from the payees and to remit

to the government the withholding tax due.

Here, the assessment against petitioner is for its failure to remit

withholding taxes arising from its purchase of lots in Cavite and Pasig City.

The BIR assessed petitioner precisely because it found that there was no

payment of appropriate withholding taxes on the transfer. As regards

petitioner's allegation that it has already paid the EWT on the property located

in Pasig City, although by mistake remitted said payment as capital gains tax

instead ; the Court finds such contention untenable . As stated by the BIR

examiners in the Memorandum Report 23 , petitioner could not present the

actual returns to prove its claim that it had mistakenly paid capital gains tax,

instead of EWT, in the amount of P1 0,298 ,51 0.00. Also , nowhere in the

records did it show that petitioner presented the returns and the receipt as

proof of payment. Accordingly, petitioner was correctly assessed for

deficiency EWT.

Anent the issue of prescription, Section 203 of the Tax Code provides: ~

23
Supra.
 DECISION
C.T.A . CASE NO. 6976
Page 12 of 15

"SEC. 203. Period of Limitation Upon Assessment and

Collection.- Except as provided in the succeeding section,
internal revenue taxes shall be assessed within three (3) years
after the last day prescribed by law for the filing of the return ,
and no proceeding in court without assessment for the collection
of such taxes shall be begun after the expiration of such period :
Provided, That in a case where a return is filed beyond the
period prescribed by law, the three (3)-year period shall be
counted from the day the return was filed. For purposes of this
Section, a return filed before the last day prescribed by law for
the filing thereof shall be considered as filed on such last day."

Pursuant to Section 51 of the Tax Code and Section 5 of RR 6-85, 24

petitioner is required to file monthly return and pay the taxes withheld within

t~n (1 0) days after the end of each month .

A scrutiny of the following documents establishes the fact that only the

capital gains and documentary stamp taxes were paid :

Seller CGT Cert.

Fee

1. Edita Lim Chua Certificate Authorizing Registration (Real 683 ,650.00 205,095.00
Property Transaction Subj . to CGT) No . 998987 ,
dated 06-03-07 (Exhibit "P")
Documentary Stamp Tax Declaration (Exhibit
"Q")

2. Emiliano R. Caruncho Certificate Authorizing Registration (Real 517,825.00 155,350 .00 10.00
Property Transaction Subj. to CGT) No. 998441,
dated 06-09-07 (Exhibit "R")
Documentary Stamp Tax Declaration (Exhibit
"S")

3. Emiliano R. Caruncho Certificate Authorizing Registration (Real 358,325 .00 107,500.00 10.00
Property Transaction Subj . to CGT) No. 998442,
dated 06-09-07 (Exhibit "T")
Documentary Stamp Tax Declaration (Exhibit
"U")
Capital Gains Tax Return for Certificate
Authorizing Registration (Exhibit "V")

3. Feltsa Bonifacio et al. Certificate Authorizing Registration (Real 4,712 ,950.00 1,413,885.00 10.00
Property Transaction Subj . to CGT) No. 998440,
dated 06-09-07 (Exhibit "X")
Documentary Stamp Tax Declaration (Exhibit
"W ")

24
"Revised and Consolidated Expanded Withholding Tax Regulations. "
 DECISION
C.T.A. CASE NO . 6976
Page 13 of 15

4. Sps. Jaime Sia and Certificate Authorizing Registrati on (Real 1,554,300.00 466,290 .00 10.00
Nenita De Guzman Property Transaction Subj . to CGT) No. 998439,
dated 06-09-07 (Exhibit "V")
Documentary Stamp Tax Declaration (Exhibit
"Z")

Now, Section 223(a) of the Tax Code provides that in case of false or

fraudulent return with intent to evade tax or of failure to file a return, the tax

may be assessed, or a proceeding in court for the collection of such tax may

be begun without assessment, at any time within ten (10) years after the

discovery of the falsity, fraud or omission. As there were no withholding of

taxes and/or declaration in the monthly returns filed with the BIR and

considering that the present judicial action was filed on April 30, 2004,

respondent's right to assess and to collect has not prescribed .

Worthy of emphasis is the long settled rule that the taxpayer has the

duty of proving the assessment to be erroneous. Tax assessments are

presumed correct and made in good faith in the absence of evidence

contrariwise.25

WHEREFORE , this instant Petition for Review is hereby DISMISSED

for lack of merit. Accordingly , petitioner is ORDERED TO PAY deficiency

expanded withholding tax, computed as follows :

Deficiency Expanded Withholding Tax

Acquisition of Land 238,438,500 .00
Multiply by Rate 7.5%
Creditable W/H Tax Due 17,882 ,887.50
EWT Remitted
Basic W/H Tax Due 17,882 ,887.50
Add : Increments-
Interest (1/26/1998 to 4/15/2002) 15,090,217.40
Amount due and collectible 32.973 .104,90 ?t-
25
Commissioner of Internal Revenue v. Construction Resources of Asia, I nc. and the Court of Tax Appeals,
G.R. No. L-68230, November 25, 1986.
DECISION
C.T.A. CASE NO. 6976
Page 14 of 15

The compromise penalty in the amount of P25,000.00 is hereby

26
CANCELLED in the absence of a mutual agreement by the parties. In

addition, petitioner is ORDERED TO PAY a 20% delinquency interest

computed from April 30, 2004 until full payment, pursuant to Section 249 of

the Tax Code.27

SO ORDERED.
~6-C!.~~.S?.
®ANITO c. CASTANEDA,"fR: .
Associate Justice

WE CONCUR:

E~-y ~1'~~
OLGA 'PALANCA-Em(IQUEZ
A:s~ce Associate Justice

ATTESTATION

attest that the conclusions in the above Decision were reached in

consultation before the case was assigned to the writer of the opinion of the

Court's Division.

~ere!.~~~·
JUANITO C. CASTANEDA. JR.
Associate Justice
Chairperson

26
Rightfield Property Ventures, I nc. (now known as Universal Rightfield Property Holdings, Inc.) vs.
Commissioner ofInternal Revenue, CTA Case No. 5972, October 16, 2003.
27
BIR Records, p. 244.
DECISION
C.T.A. CASE NO. 6976
Page 15 of 15

CERTIFICATION

Pursuant to Article VIII , Section 13 of the Constitution , and the Division

Chairperson's Attestation, it is hereby certified that the conclusions in the

above Decision were reached in consultation before the case was assigned to

the writer of the opinion of the Court.

L \..JL •
ERNEsro D. ACOSTA
o'--"-
Presiding Justice