Monday, July 27, 2015

Amusement taxes

The Supreme Court declared section 14 of Republic Act No. 9167 as unconstitutional. It said that by earmarking the income on amusement taxes imposed by the local governments in favor of FDCP and the producers of graded films, the legislature appropriated and distributed local government funds (which are not legally within its control) under the guise of setting a limitation on the local governments’ exercise of their delegated taxing power. The Supreme Court held that this was a usurpation of the latter’s exclusive prerogative to apportion their funds, an impermissible intrusion into the local governments’ constitutionally-protected domain which negates the guarantee of fiscal autonomy to municipal corporations as mandated by the Constitution.[1]

No comments: