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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

In the Municipality of Santa Rosa, the Municipal Treasurer assesses a local business tax of PHP 350,000 against DeltaTech Enterprises. DeltaTech pays the amount under protest and files in the Court of Appeals for a declaration that the tax assessment is void and for an injunction to stop collection. The Court of Appeals dismisses for lack of jurisdiction. What is the correct remedy under the Local Government Code, and what is the likely outcome if the taxpayer subsequently files a petition for certiorari, prohibition, and/or mandamus with the Supreme Court?

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File a protest with the local treasurer and pursue an administrative appeal to the sanggunian for reconsideration. Submit a request for refund or tax credit with the local treasurer after protest, without resorting to a writ remedy. File a petition for certiorari, prohibition, and/or mandamus with the Court of Appeals or the Supreme Court to challenge the tax assessment and halt collection. File a petition for declaratory relief in the Regional Trial Court to declare the assessment void.

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