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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

In the Municipality of San Isidro, the Municipal Treasurer issues a PHP 1,150,000 local business tax assessment against EastWest Foods, Inc. EastWest pays the amount under protest and files in the Court of Appeals for a declaration that the assessment is void and for an injunction to stop collection. The Court of Appeals dismisses the petition for lack of jurisdiction. Under the Local Government Code, what is the correct remedy, and what is the likely outcome if EastWest Foods, Inc. subsequently files a petition for certiorari, prohibition, and/or mandamus with the Supreme Court?

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Submit an administrative complaint to the DILG for guidance on the local tax issue; The DILG would issue advisory recommendations to the LGU. File a petition for certiorari, prohibition, and/or mandamus directly with the Supreme Court under Rule 65; The Supreme Court would likely grant the petition, set aside the Court of Appeals’ dismissal, and authorize the proper direct review of the local tax action. Directly file a protest with the local treasurer seeking a refund; The local treasurer would be compelled to refund pending litigation with the Court of Appeals or Supreme Court. Institute a civil action for declaratory relief in the Regional Trial Court to challenge the tax assessment; The RTC would determine entitlement to relief and order refunds as appropriate.

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