THIRD DIVISION

G.R. Nos. 201398-99, October 03, 2018

COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. AVON PRODUCTS

MANUFACTURING, INC., Respondent.

G.R. Nos. 201418-19, October 3, 2018

AVON PRODUCTS MANUFACTURING, INC., Petitioner, v. THE COMMISSIONER

OF THE INTERNAL REVENUE, Respondent.

DECISION

LEONEN, J.:

Tax assessments issued in violation of the due process rights of a taxpayer are null
and void. While the government has an interest in the swift collection of taxes, the
Bureau of Internal Revenue and its officers and agents cannot be overreaching in
their efforts, but must perform their duties in accordance with law, with their own
rules of procedure, and always with regard to the basic tenets of due process.

The 1997 National Internal Revenue Code, also known as the Tax Code, and revenue
regulations allow a taxpayer to file a reply or otherwise to submit comments or
arguments with supporting documents at each stage in the assessment process. Due
process requires the Bureau of Internal Revenue to consider the defenses and
evidence submitted by the taxpayer and to render a decision based on these
submissions. Failure to adhere to these requirements constitutes a denial of due
process and taints the administrative proceedings with invalidity.

These consolidated cases assail the Court of Tax Appeals En Banc November 9, 2011
Decision1 and April 10, 2012 Resolution2 in CTA EB Case Nos. 661 and 663. The
assailed Decision denied the respective Petitions for Review by the Commissioner of
Internal Revenue (Commissioner)3 and of Avon Products Manufacturing, Inc.
(Avon),4 and affirmed the Court of Tax Appeals Special First Division May 13, 2010
Decision.5 The assailed Resolution denied the Commissioner's Motion for
Reconsideration6 and Avon's Motion for Partial Reconsideration.7

Avon filed its Value Added Tax (VAT) Returns and Monthly Remittance Returns of
Income Tax Withheld for the taxable year 1999 on the following dates:

Return Date Filed

3rd Quarter VAT Return October 25, 1999
4th Quarter VAT Return January 25, 2000

Monthly Remittance Expanded Compensation

Return of Income
 Taxes Withheld
January February 25, 1999 February 25, 1999
February March 25, 1999 March 25, 1999
March April 26, 1999 April 26, 1999
April May 25, 1999 May 25, 1999
May June 25, 1999 June 25, 1999
June July 26, 1999 July 26, 1999
July August 25, 1999 August 25, 1999
August September 27, 1999 September 27, 1999
September October 25, 1999 October 25, 1999
October November 25, 1999 November 25, 1999
November December 27, 1999 December 27, 1999
December January 25, 2000 January 25, 20008

Avon signed two (2) Waivers of the Defense of Prescription dated October 14, 2002
and December 27, 2002,9 which expired on January 14, 2003 and April 14, 2003,
respectively.10

On July 14, 2004, Avon was served a Collection Letter11 dated July 9, 2004. It was
required to pay P80,246,459.1512 broken down as follows:

KIND OF YEA COMPROM TOTAL

BASIC TAX INTEREST
TAX R ISE AMOUNT

Income 22,012,984. 13,207,790. 35,245,774.7

1999 25,000.00
Tax 19 51 0

Excise Tax 1999 913,514.87 658,675.57 73,200.00 1,645,390.44

20,286,033. 13,254,677. 33,590,711.2

VAT 1999 50,000.00
82 47 9

Withholdin
g Tax
4,702,116.3 3,040,229.2
on 1999 45,000.00 7,787,345.66
8 8
Compensat
ion
Expanded
1,187,610.8
Withholdin 1999 764,626.18 25,000.00 1,977,237.06
8
g Tax

P49,102,260 P30,925,999 P218,200. P80,246,459.

TOTAL
.14 .01 00 1513
These deficiency assessments were the same deficiency taxes covered by the
Preliminary Assessment Notice14 dated November 29, 2002, received by Avon on
December 23, 2002.15

On February 14, 2003, Avon filed a letter dated February 13, 2003 protesting
against the Preliminary Assessment Notice.16

Without ruling on Avon's protest, the Commissioner prepared the Formal Letter of
Demand17 and Final Assessment Notices,18 all dated February 28, 2003, received by
Avon on April 11, 2003. Except for the amount of interest, the Final Assessment
Notices were the same as the Preliminary Assessment Notice.19

In a letter20 dated and filed on May 9, 2003, Avon protested the Final Assessment
Notices. Avon resubmitted its protest to the Preliminary Assessment Notice and
adopted the same as its protest to the Final Assessment Notices.21

A conference was allegedly held on June 26, 2003 where Avon informed the revenue
officers that all the documents necessary to support its defenses had already been
submitted. Another meeting was held on August 4, 2003, where it showed the
original General Ledger Book as previously directed by the revenue officers. During
these meetings, the revenue officers allegedly expressed that they would cancel the
assessments resulting from the alleged discrepancy in sales if Avon would pay part
of the assessments.22

Thus, on January 30, 2004, Avon paid the following portions of the Final Assessment
Notices:

a) Disallowed taxes and licenses/Fringe Benefit Tax adjustment P153,559.37; and

b) Withholding Tax on Compensation - Late Remittance - P32,829.2823

However, in a Memorandum dated May 27, 2004, the Bureau of Internal Revenue's
officers recommended the enforcement and collection of the assessments on the
sole justification that Avon failed to submit supporting documents within the 60-day
period as required under Section 228 of the Tax Code.24

The Large Taxpayers Collection and Enforcement Division thereafter served Avon
with the Collection Letter dated July 9, 2004.25 Avon asserted that even the items
already paid on January 30, 2004 were still included in the deficiency tax
assessments covered by this Collection Letter.26

In a letter27 to the Deputy Commissioner for Large Taxpayers Service dated and filed
on July 27, 2004, Avon requested the reconsideration and withdrawal of the
Collection Letter. It argued that it was devoid of legal and factual basis, and was
premature as the Commissioner of Internal Revenue had not yet acted on its protest
against the Final Assessment Notices.28

The Commissioner did not act on Avon's request for reconsideration. Thus, Avon was
constrained to treat the Collection Letter as denial of its protest.29

On August 13, 2004, Avon filed a Petition for Review before the Court of Tax
Appeals.30 On August 24, 2004, it filed an Urgent Motion for Suspension of Collection
of Tax.31

On May 13, 2010, the Court of Tax Appeals Special First Division rendered its
Decision,32 partially granting Avon's Petition for Review insofar as it ordered
the cancellation of the Final Demand and Final Assessment Notices for deficiency
excise tax, VAT, withholding tax on compensation, and expanded withholding tax.
However, it ordered Avon to pay deficiency income tax in the amount of
P357,345.88 including 20% deficiency interest on the total amount due pursuant to
Section 249, paragraphs (b) and (c)(3) of the Tax Code. The Court of Tax Appeals
Special First Division also made the following pronouncements:33

a) There was no deprivation of due process in the issuance by the CIR of the
assessment for deficiency income tax, deficiency excise tax, deficiency VAT,
deficiency final withholding tax on compensation and deficiency expanded
withholding tax against AVON for the latter was afforded an opportunity to explain
and present its evidence;

b) The Waivers of the Statute of Limitations executed by AVON are invalid and
ineffective as the CIR failed to provide [AVON] a copy of the accepted Waivers, as
required under Revenue Memorandum Order No. 20-90. Hence, the assessment of
AVON's deficiency VAT, deficiency expanded withholding tax and deficiency
withholding tax on compensation is considered to have prescribed;

c) AVON's failure to submit the relevant documents in support of its protest did not
make the assessment final and executory;

d) As to assessment on AVON's deficiency Income Tax,

(1) there was no undeclared sales/income in the amount of P62,911,619.58 per ITR for
the taxable year 1999;
 
(2) AVON's liability for disallowed taxes and licenses and December 1998 Fringe
Benefit Tax payment adjustment in the amount of P152,632.10 and P927.27,
respectively, or a total of P153,559.37 is extinguished in view of the payment made;
 
(3) The discrepancy between Ending Inventories reflected in Balance Sheet and Cost of
Sales represents variance/adjustments on standard cost to actual cost allocated to
ending inventories and not under-declaration as alleged by CIR;
 
(4) AVON's claimed tax credits in the amount of P203,645.89 was disallowed as the
same was unsupported by withholding tax certificates as required under Section
2.58.3 (B) of Revenue Regulations No. 2-98. However, the amount of P140,505.28
was upheld as a proper deduction from its 1999 income tax due; and

e) As to assessment on AVON's deficiency excise tax, the same is deemed cancelled

and withdrawn in view of its Application for Abatement over its deficiency excise tax
assessment for the year 1999 and its corresponding payment.34

The dispositive portion of the Court of Tax Appeals Special First Division May 13,
2010 Decision read:

WHEREFORE, the Petition for Review is hereby PARTIALLY GRANTED. Accordingly,

respondent is ORDERED TO CANCEL/WITHDRAW the Final Demand and Final
Assessment Notices: (1) Assessment No. LTAID-ET-99-00011 for deficiency Excise
Tax, (2) Assessment No. LTAID-II-VAT-99-00017 for deficiency Value Added Tax,
(3) Assessment No. LTAID-II-WTC-9900002 for deficiency Withholding Tax on
Compensation Under Withholding and Later Remittance, and (4) Assessment No.
LTAID-EWT-99-00010 for deficiency Expanded Withholding Tax.

However, petitioner is ORDERED TO PAY respondent the deficiency Income Tax

under Assessment No. LTAID-II-IT-99-00018 in the amount of P357,345.88 for
taxable year 1999.
In addition, petitioner is liable to pay: i) a deficiency interest on the deficiency basic
income tax due of P100,761.01 at the rate of 20% per annum from January 31,
2004 until fully paid pursuant to Section 249(B) of the 1997 NIRC and ii) a
delinquency interest on the total amount due (inclusive of the deficiency interest) at
the rate of 20% per annum from July 24, 2004 until fully paid pursuant to Section
249(C)(3) of the 1997 NIRC.

SO ORDERED.35

The parties' Motions for Partial Reconsideration were denied in the July 12, 2010
Resolution.36 Both parties filed their respective Petitions for Review before the Court
of Tax Appeals En Banc.37

In its assailed November 9, 2011 Decision,38 the Court of Tax Appeals En Banc

denied the respective Petitions of the Commissioner and Avon, and affirmed the
Court of Tax Appeals Special First Division May 13, 2010 Decision. It held that the
Waivers of the Defense of Prescription were defective, thereby rendering the
assessment of Avon's deficiency VAT, expanded withholding tax, and withholding tax
on compensation to have prescribed.39 It further ruled that contrary to the
Commissioner's argument, the requirement under Revenue Memorandum Order No.
20-90 to furnish the taxpayer with copies of the accepted waivers was not merely
formal in nature, and non-compliance with it rendered the Waivers of the Defense of
Prescription invalid and ineffective.40

On the issue of jurisdiction, the Court of Tax Appeals En Banc held that under
Section 228 of the Tax Code, the taxpayer has two (2) options in case of inaction of
the Commissioner on disputed assessments. The first option is to file a petition with
the Court of Tax Appeals within 30 days from the lapse of the 180-day period for the
Commissioner to decide. The second option is to await the final decision of the
Commissioner and appeal this decision within 30 days from its receipt. Here, Avon
opted for the second remedy by filing its petition on July 14, 2004, within 30 days
from receipt of the July 9, 2004 Collection Letter, which also served as the final
decision denying its protest. Hence, the Court of Tax Appeals En Banc ruled that it
had jurisdiction over the case.41

The Court of Tax Appeals En Banc further affirmed the Court of Tax Appeals Special
First Division's factual findings with regard to the cancellation of deficiency tax
assessments42 and disallowance of Avon's claimed tax credits.43

Finally, the Court of Tax Appeals En Banc rejected Avon's contention regarding
denial of due process. It held that Avon was accorded by the Commissioner a
reasonable opportunity to explain and present evidence.44 Moreover, the
Commissioner's failure to appreciate Avon's supporting documents and arguments
did not ipso facto amount to denial of due process absent any proof of irregularity in
the performance of duties.45

In its April 10, 2012 Resolution,46 the Court of Tax Appeals En Banc denied the
Commissioner's Motion for Reconsideration and Avon's Motion for Partial
Reconsideration. It held that the "RCBC case,"47 cited by the Commissioner, was not
on all fours with, and therefore not applicable as stare decisis in this case. Instead,
the ruling in CIR v. Kudos Metal Corporation,48 precluding the Bureau of Internal
Revenue from invoking the doctrine of estoppel to cover its failure to comply with
the procedures in the execution of a waiver, would apply.49

Hence, the present Petitions via Rule 45 were filed before this Court.

In her Petition,50 docketed as G.R. Nos. 201398-99, the Commissioner asserts that

Avon is estopped from assailing the validity of the Waivers of the Defense of
Prescription as it has paid the other assessments that these waivers covered. It also
avers that Avon's right to appeal its protest before the Court of Tax Appeals has
prescribed and that the assessments have attained finality. Finally, it states that
Avon is liable for the deficiency assessments.51

Avon, in its separate Petition,52 docketed as G.R. Nos. 201418-19, argues that the
assessments are void ab initio due to the failure of the Commissioner to observe due
process.53 It maintains that from the start up to the end of the administrative
process, the Commissioner ignored all of its protests and submissions.54

The Petitions were consolidated on July 4, 2012.55 The Commissioner and Avon

subsequently submitted their respective Memoranda56 in compliance with this Court's
June 5, 2013 Resolution.57

The issues for this Court's resolution are:

First, whether or not the Commissioner of Internal Revenue failed to observe

administrative due process, and consequently, whether or not the assessments are
void;

Second, whether or not Avon Products Manufacturing, Inc., by paying the other tax
assessments covered by the Waivers of the Defense of Prescription, is estopped
from assailing their validity;

Third, whether or not Avon Products Manufacturing, Inc.'s right to appeal its protest
before the Court of Tax Appeals has already prescribed; and whether or not the
assessments against it for deficiency income tax, excise tax, value-added tax,
withholding tax on compensation, and expanded withholding tax have already
attained finality; and

Finally, whether or not Avon Products Manufacturing, Inc. is liable for deficiency
income tax, excise tax, value-added tax, withholding tax on compensation, and
expanded withholding tax for the taxable year 1999.

I.A

Avon asserts that the deficiency tax assessments are void because they were made
without due process58 and were not based on actual facts but on the erroneous
presumptions of the Commissioner.59

It submits that a fundamental part of administrative due process is the

administrative body's due consideration and evaluation of all the evidence submitted
by the affected party. With regard to tax assessment and collection, Section 228 of
the Tax Code and Revenue Regulations No. 12-99 prescribe compliance with due
process requirements through all the four (4) stages of the assessment process,
from the preliminary findings up to the Commissioner's decision on the disputed
assessment.60

Avon claims that from the start up to the end of the administrative process, the
Commissioner ignored all of its protests and submissions to contest the deficiency
tax assessments.61 The Commissioner issued identical Preliminary Assessment
Notice, Final Assessment Notices, and Collection Letters without considering Avon's
submissions or its partial payment of the assessments. Avon asserts that it was not
accorded a real  opportunity to be heard, making all of the assessments null and
void.62

Avon's arguments are well-taken.

The Bureau of Internal Revenue is the primary agency tasked to assess and collect
proper taxes, and to administer and enforce the Tax Code.63 To perform its functions
of tax assessment and collection properly, it is given ample powers under the Tax
Code, such as the power to examine tax returns and books of accounts,64 to issue a
subpoena,65 and to assess based on best evidence obtainable,66 among others.
However, these powers must "be exercised reasonably and [under] the prescribed
procedure."67 The Commissioner and revenue officers must strictly comply with the
requirements of the law, with the Bureau of Internal Revenue's own rules,68 and with
due regard to taxpayers' constitutional rights.

The Commissioner exercises administrative adjudicatory power or quasi-judicial

function in adjudicating the rights and liabilities of persons under the Tax Code.

Quasi-judicial power has been described as:

Quasi-judicial or administrative adjudicatory power on the other hand is the power

of the administrative agency to adjudicate the rights of persons before it. It is the
power to hear and determine questions of fact to which the legislative
policy is to apply and to decide in accordance with the standards laid down
by the law itself in enforcing and administering the same law. The
administrative body exercises its quasi-judicial power when it performs in a judicial
manner an act which is essentially of an executive or administrative nature, where
the power to act in such manner is incidental to or reasonably necessary for
the performance of the executive or administrative duty entrusted to
it.69 (Emphasis supplied, citations omitted)

In carrying out these quasi-judicial functions, the Commissioner is required to

"investigate facts or ascertain the existence of facts, hold hearings, weigh evidence,
and draw conclusions from them as basis for their official action and exercise of
discretion in a judicial nature."70 Tax investigation and assessment necessarily
demand the observance of due process because they affect the proprietary rights of
specific persons.

This Court has stressed the importance of due process in administrative

proceedings:

The principle of due process furnishes a standard to which governmental action

should conform in order to impress it with the stamp of validity. Fidelity to such
standard must of necessity be the overriding concern of government agencies
exercising quasi-judicial functions. Although a speedy administration of action
implies a speedy trial, speed is not the chief objective of a trial. Respect for the
rights of all parties and the requirements of procedural due process equally apply in
proceedings before administrative agencies with quasi-judicial perspective in
administrative decision making and for maintaining the vision which led to the
creation of the administrative office.71

In Ang Tibay v. The Court of Industrial Relations,72 this Court observed that although
quasi-judicial agencies "may be said to be free from the rigidity of certain procedural
requirements[, it] does not mean that it can, in justiciable cases coming before it,
entirely ignore or disregard the fundamental and essential requirements of due
process in trials and investigations of an administrative character."73 It then
enumerated the fundamental requirements of due process that must be respected in
administrative proceedings:

(1) The party interested or affected must be able to present his or her own case and
submit evidence in support of it.
   
(2) The administrative tribunal or body must consider the evidence presented.
   
(3) There must be evidence supporting the tribunal's decision.
   
(4) The evidence must be substantial or "such relevant evidence as a reasonable mind
might accept as adequate to support a conclusion."74
   
(5) The administrative tribunal's decision must be rendered on the evidence presented, or
at least contained in the record and disclosed to the parties affected.
   
(6) The administrative tribunal's decision must be based on the deciding authority's own
independent consideration of the law and facts governing the case.
   
(7) The administrative tribunal's decision is rendered in a manner that the parties
may know the various issues involved and the reasons for the decision.75

Mendoza v. Comelec76 explained that the first requirement is the party's substantive

right at the hearing stage of the proceedings, which, in essence, is the opportunity
to explain one's side or to seek a reconsideration of the adverse action or ruling.

It was emphasized, however, that the mere filing of a motion for reconsideration
does not always result in curing the due process defect,77 "especially if the motion
was filed precisely to raise the issue of violation of the right to due process and the
lack of opportunity to be heard on the merits remained."78

The second to the sixth requirements refer to the party's "inviolable rights applicable
at the deliberative stage."79 The decision-maker must consider the totality of the
evidence presented as he or she decides the case.80

The last requirement relating to the form and substance of the decision is the
decision-maker's '"duty to give reason' to enable the affected person to understand
how the rule of fairness has been administered in his [or her] case, to expose the
reason to public scrutiny and criticism, and to ensure that the decision will be
thought through by the decision-maker."81

The Ang Tibay safeguards were subsequently "simplified into four basic rights,"82 as

follows:

(a) [T]he right to notice, be it actual or constructive, of the institution of the

proceedings that may affect a person's legal right; (b) reasonable opportunity to
appear and defend his rights and to introduce witnesses and relevant evidence in his
favor; (c) a tribunal so constituted as to give him reasonable assurance of honesty
and impartiality, and one of competent jurisdiction; and (d) a finding or decision by
that tribunal supported by substantial evidence presented at the hearing or at least
ascertained in the records or disclosed to the parties.83 (Emphasis supplied)

Saunar v. Ermita84 expounded on Ang Tibay by emphasizing that while

administrative bodies enjoy a certain procedural leniency, they are nevertheless
obligated to inform themselves of all facts material and relevant to the case, and to
render a decision based on an accurate appreciation of facts. In this regard, this
Court held that Ang Tibay did not necessarily do away with the conduct of hearing
and a party may invoke its right to a hearing to thresh out substantial factual issues,
thus:

A closer perusal of past jurisprudence shows that the Court did not intend to
trivialize the conduct of a formal hearing but merely afforded latitude to
administrative bodies especially in cases where a party fails to invoke the right to
hearing or is given the opportunity but opts not to avail of it. In the landmark case
of Ang Tibay, the Court explained that administrative bodies are free from a strict
application of technical rules of procedure and are given sufficient leeway. In the
said case, however, nothing was said that the freedom included the setting aside of
a hearing but merely to allow matters which would ordinarily be incompetent or
inadmissible in the usual judicial proceedings.

In fact, the seminal words of Ang Tibay manifest a desire for administrative bodies
to exhaust all possible means to ensure that the decision rendered be based on the
accurate appreciation of facts. The Court reminded that administrative bodies have
the active duty to use the authorized legal methods of securing evidence and
informing itself of facts material and relevant to the controversy. As such, it
would be more in keeping with administrative due process that the conduct of a
hearing be the general rule rather than the exception.

....

To reiterate, due process is a malleable concept anchored on fairness and equity.

The due process requirement before administrative bodies are not as strict
compared to judicial tribunals in that it suffices that a party is given a reasonable
opportunity to be heard. Nevertheless, such "reasonable opportunity" should not be
confined to the mere submission of position papers and/or affidavits and the parties
must be given the opportunity to examine the witnesses against them. The right to a
hearing is a right which may be invoked by the parties to thresh out substantial
factual issues. It becomes even more imperative when the rules itself of the
administrative body provides for one. While the absence of a formal hearing does
not necessarily result in the deprivation of due process, it should be acceptable only
when the party does not invoke the said right or waives the same. 85 (Emphasis
supplied)

In Saunar, this Court held that the petitioner in that case was denied due process
when he was not notified of the clarificatory hearings conducted by the Presidential
Anti-Graft Commission. Under the Presidential Anti-Graft Commission's Rules, in the
event that a clarificatory hearing was determined to be necessary, the Presidential
Anti-Graft Commission must notify the parties of the clarificatory hearings. Further,
"the parties shall be afforded the opportunity to be present in the hearings without
the right to examine witnesses. They, however, may ask questions and elicit
answers from the opposing party coursed through the [Presidential Anti-Graft
Commission]."86 This Court held that the petitioner in Saunar was not treated fairly
in the proceedings before the Presidential Anti-Graft Commission because he was
deprived of the opportunity to be present in the clarificatory hearings and was
denied the chance to propound questions through the Presidential Anti-Graft
Commission against the opposing parties.

"[A] fair and reasonable opportunity to explain one's side"87 is one aspect of due
process. Another aspect is the due consideration given by the decision-maker to the
arguments and evidence submitted by the affected party.

Baguio Country Club Corp. v. National Labor Relations Commission 88 precisely

involved the question of the denial of due process for failure of the labor tribunals to
consider the evidence presented by the employer. The labor tribunals unanimously
denied the employer's application for clearance to terminate the services of an
employee on the ground of insufficient evidence to show a just cause for the
employee's dismissal, and ordered the reinstatement of the employee with
backwages.

This Court held that "[t]he summary procedures used by the [labor tribunals] were
too summary to satisfy the requirements of justice and fair play."89 It noted the
irregular procedures adopted by the Labor Arbiter. First, "[he] allowed a last minute
position paper of [the] respondent ... to be filed and without requiring a copy to be
served upon the Baguio Country Club and without affording the latter an opportunity
to refute or rebut the contents of the paper, [and] forthwith decided the
case."90 Second, "the petitioner specifically stressed to the arbiter that it was
'adopting the investigations which were enclosed with the application to terminate,
which are now parts of the record of the Ministry of Labor, as part and parcel of this
position paper."'91 But the Labor Arbiter, instead of calling for the complete records
of the conciliation proceedings, "denied the application for clearance on the ground
that all that was before it was a position paper with mere quotations about an
investigation conducted . . ."92 This Court held that the affirmance by the
Commission of the decision of the Labor Arbiter was a denial of the elementary
principle of fair play.

[I]t was a denial of elementary principles of fair play for the Commission not to have
ordered the elevation of the entire records of the case with the affidavits earlier
submitted as part of the position paper but completely ignored by the labor arbiter.
Or at the very least, the case should have been remanded to the labor arbiter
consonant with the requirements of administrative due process.

The ever increasing scope of administrative jurisdiction and the statutory grant of
expansive powers in the exercise of discretion by administrative agencies illustrate
our nation's faith in the administrative process as an efficient and effective mode of
public control over sensitive areas of private activity. Because of the specific
constitutional mandates on social justice and protection to labor, and the fact that
major labor management controversies are highly intricate and complex, the
legislature and executive have reposed uncommon reliance upon what they believe
is the expertise, the rational and efficient modes of ascertaining facts, and the
unbiased and discerning adjudicative techniques of the Ministry of Labor and
Employment and its instrumentalities.

....

The instant petition is a timely reminder to labor arbiters and all who wield quasi-
judicial power to ever bear in mind that evidence is the means, sanctioned by rules,
of ascertaining in a judicial or quasi-judicial proceeding, the truth respecting a
matter of fact ... The object of evidence is to establish the truth by the use
of perceptive and reasoning faculties . . . The statutory grant of power to use
summary procedures should heighten a concern for due process, for judicial
perspectives in administrative decision making, and for maintaining the visions
which led to the creation of the administrative office.93

In Alliance for the Family Foundation, Philippines, Inc. v. Garin,94 this Court held that
the Food and Drug Administration failed to observe the basic requirements of due
process when it did not act on or address the oppositions submitted by petitioner
Alliance for the Family Foundation, Philippines, Inc., but proceeded with the
registration, recertification, and distribution of the questioned contraceptive drugs
and devices. It ruled that petitioner was not afforded the genuine opportunity to be
heard.

Administrative due process is anchored on fairness and equity in procedure.95 It is

satisfied if the party is properly notified of the charge against it and is given a fair
and reasonable opportunity to explain or defend itself.96 Moreover, it demands that
the party's defenses be considered by the administrative body in making its
conclusions,97 and that the party be sufficiently informed of the reasons for its
conclusions.

I.B

Section 228 of the Tax Code, as implemented by Revenue Regulations No. 12-99,
provides certain procedures to ensure that the right of the taxpayer to procedural
due process is observed in tax assessments, thus:
Section 228. Protesting of Assessment. — When the Commissioner or his duly
authorized representative finds that proper taxes should be assessed, he shall first
notify the taxpayer of his findings: Provided, however, That a preassessment notice
shall not be required in the following cases:

(a) When the finding for any deficiency tax is the result of mathematical error in the
computation of the tax as appearing on the face of the return; or

(b) When a discrepancy has been determined between the tax withheld and the
amount actually remitted by the withholding agent; or

(c) When a taxpayer who opted to claim a refund or tax credit of excess creditable
withholding tax for a taxable period was determined to have carried over and
automatically applied the same amount claimed against the estimated tax liabilities
for the taxable quarter or quarters of the succeeding taxable year; or

(d) When the excise tax due on excisable articles has not been paid; or

(e) When an article locally purchased or imported by an exempt person, such as, but
not limited to, vehicles, capital equipment, machineries and spare parts, has been
sold, traded or transferred to non-exempt persons.

The taxpayers shall be informed in writing of the law and the facts on which
the assessment is made; otherwise, the assessment shall be void.

Within a period to be prescribed by implementing rules and regulations, the

taxpayer shall be required to respond to said notice. If the taxpayer fails to respond,
the Commissioner or his duly authorized representative shall issue an assessment
based on his findings.

Such assessment may be protested administratively by filing a request for

reconsideration or reinvestigation within thirty (30) days from receipt of the
assessment in such form and manner as may be prescribed by implementing rules
and regulations. Within sixty (60) days from filing of the protest, all relevant
supporting documents shall have been submitted; otherwise, the assessment shall
become final.

If the protest is denied in whole or in part, or is not acted upon within one hundred
eighty (180) days from submission of documents, the taxpayer adversely affected
by the decision or inaction may appeal to the Court of Tax Appeals within thirty (30)
days from receipt of the said decision, or from the lapse of the one hundred eighty
(180)-day period; otherwise, the decision shall become final, executory and
demandable.

Section 3 of Revenue Regulations No. 12-9998 prescribes the due process

requirement for the four (4) stages of the assessment process:

Section 3. Due Process Requirement in the Issuance of a Deficiency Tax Assessment.

—

3.1 Mode of procedures in the issuance of a deficiency tax assessment:

3.1.1 Notice for informal conference. — The Revenue Officer who audited the
taxpayer's records shall, among others, state in his report whether or not the
taxpayer agrees with his findings that the taxpayer is liable for deficiency tax or
taxes. If the taxpayer is not amenable, based on the said Officer's submitted report
of investigation, the taxpayer shall be informed, in writing, by the Revenue
District Office or by the Special Investigation Division, as the case may be (in the
case Revenue Regional Offices) or by the Chief of Division concerned (in the case of
the BIR National Office) of the discrepancy or discrepancies in the taxpayer's
payment of his internal revenue taxes, for the purpose of "Informal
Conference,” in order to afford the taxpayer with an opportunity to present
his side of the case. If the taxpayer fails to respond within fifteen (15) days
from date of receipt of the notice for informal conference, he shall be
considered in default, in which case, the Revenue District Officer or the Chief of
the Special Investigation Division of the Revenue Regional Office, or the Chief of
Division in the National Office, as the case may be, shall endorse the case with the
least possible delay to the Assessment Division of the Revenue Regional Office or to
the Commissioner or his duly authorized representative, as the case may be, for
appropriate review and issuance of a deficiency tax assessment, if warranted.

3.1.2 Preliminary Assessment Notice (PAN). — If after review and evaluation by

the Assessment Division or by the Commissioner or his duly authorized
representative, as the case may be, it is determined that there exists sufficient basis
to assess the taxpayer for any deficiency tax or taxes, the said Office shall issue
to the taxpayer, at least by registered mail, a Preliminary Assessment
Notice (PAN) for the proposed assessment, showing in detail, the facts and the
law, rules and regulations, or jurisprudence on which the proposed
assessment is based . . . If the taxpayer fails to respond within fifteen (15)
days from date of receipt of the PAN, he shall be considered in default, in
which case, a formal letter of demand and assessment notice shall be caused to be
issued by the said Office, calling for payment of the taxpayer's deficiency tax
liability, inclusive of the applicable penalties.

....

3.1.4 Formal Letter of Demand and Assessment Notice. —The formal letter of

demand and assessment notice shall be issued by the Commissioner or his duly
authorized representative. The letter of demand calling for payment of the
taxpayer's deficiency tax or taxes shall state the facts, the law, rules and
regulations, or jurisprudence on which the assessment is based, otherwise,
the formal letter of demand and assessment notice shall be void . . .

3.1.5 Disputed Assessment. — The taxpayer or his duly authorized

representative may protest administratively against the aforesaid formal
letter of demand and assessment notice within thirty (30) days from date of
receipt thereof....

....

The taxpayer shall submit the required documents in support of his protest within
sixty (60) days from date of filing of his letter of protest, otherwise, the assessment
shall become final, executory and demandable. The phrase "submit the required
documents" includes submission or presentation of the pertinent documents for
scrutiny and evaluation by the Revenue Officer conducting the audit. The said
Revenue Officer shall state this fact in his report of investigation.

If the taxpayer fails to file a valid protest against the formal letter of demand and
assessment notice within thirty (30) days from date of receipt thereof, the
assessment shall become final, executory and demandable.

....

3.1.6 Administrative Decision on a Disputed Assessment. — The decision of the

Commissioner or his duly authorized representative shall (a) state the
facts, the applicable law, rules and regulations, or jurisprudence on which
such decision is based, otherwise, the decision shall be void  . . . in which
case, the same shall not be considered a decision on a disputed
assessment; and (b) that the same is his final decision. (Emphasis supplied)
The importance of providing the taxpayer with adequate written notice of his or her
tax liability is undeniable. Under Section 228, it is explicitly required that the
taxpayer be informed in writing of the law and of the facts on which the assessment
is made; otherwise, the assessment shall be void. Section 3.1.2 of Revenue
Regulations No. 12-99 requires the Preliminary Assessment Notice to show in detail
the facts and law, rules and regulations, or jurisprudence on which the proposed
assessment is based. Further, Section 3.1.4 requires that the Final Letter of Demand
must state the facts and law on which it is based; otherwise, the Final Letter of
Demand and Final Assessment Notices themselves shall be void. Finally, Section
3.1.6 specifically requires that the decision of the Commissioner or of his or her duly
authorized representative on a disputed assessment shall state the facts and law,
rules and regulations, or jurisprudence on which the decision is based. Failure to do
so would invalidate the Final Decision on Disputed Assessment.

"The use of the word 'shall' in Section 228 of the [National Internal Revenue Code]
and in [Revenue Regulations] No. 12-99 indicates that the requirement of informing
the taxpayer of the legal and factual bases of the assessment and the decision made
against him [or her] is mandatory."99 This is an essential requirement of due process
and applies to the Preliminary Assessment Notice, Final Letter of Demand with the
Final Assessment Notices, and the Final Decision on Disputed Assessment.

On the other hand, the taxpayer is explicitly given the opportunity to explain or
present his or her side throughout the process, from tax investigation through tax
assessment. Under Section 3.1.1 of Revenue Regulations No. 12-99, the taxpayer is
given 15 days from receipt of the Notice for Informal Conference to respond;
otherwise, he or she will be considered in default and the case will be referred to the
Assessment Division for appropriate review and issuance of deficiency tax
assessment, if warranted. Again, under Section 228 of the Tax Code and Section
3.1.2 of Revenue Regulations No. 12-99, the taxpayer is required to respond within
15 days from receipt of the Preliminary Assessment Notice; otherwise, he or she will
be considered in default and the Final Letter of Demand and Final Assessment
Notices will be issued. After receipt of the Final Letter of Demand and Final
Assessment Notices, the taxpayer is given 30 days to file a protest, and
subsequently, to appeal his or her protest to the Court of Tax Appeals.

Avon asserts feigned compliance by the Bureau of Internal Revenue officials and
agents of their duties under the law and revenue regulation.100 It adds that the
administrative proceeding conducted by the Bureau of Internal Revenue was "a
farce," an idle ritual tantamount to a denial of its right to be heard.101 It specifies the
Bureau of Internal Revenue's inaction throughout the proceedings as follows:

First, during the informal conference, Avon orally rebutted and submitted a written
Reply102 dated November 26, 2002, with attached supporting documents, to the
summary of audit findings of the Bureau of Internal Revenue. Revenue Examiner
Enrico Z. Gesmundo (Gesmundo), on cross-examination, admitted receiving its
Reply with the appended documents and that this Reply should be the basis of the
Preliminary Assessment Notice.103

However, the Commissioner issued the Preliminary Assessment Notice dated

November 29, 2002, which simply reiterated the rebutted audit findings.104 The
alleged under-declared sales was increased by more than 300% based on the
alleged sales discrepancy in the Third Quarter VAT Return vis á vis Financial
Statement, without justifiable reason and despite clean opinion of Avon's external
auditor on its financial statements.105

Second, in its protest letter to the Preliminary Assessment Notice, Avon explained
the error in the presentation of export sales in the Third Quarter VAT Return. That
is, instead of presenting the total sales for the third quarter alone, the presentation
was a cumulative or year-to-date sales presentation. Avon appended copies of the
Third Quarter VAT Return and the General Ledger Pages of Export Sales to its
protest letter to prove the cumulative presentation of its sales. The Bureau of
Internal Revenue Examiners accepted their explanation during their meeting.106

However, within just two (2) weeks from receipt of Avon's protest letter, the
Commissioner issued the Final Letter of Demand and Final Assessment Notices,
reiterating the findings stated in the Preliminary Assessment Notice.107 The Bureau of
Internal Revenue chose to ignore Avon's explanations and refused to cancel the
assessments unless Avon would agree to pay the other deficiency assessments.108

Third, since the Final Assessment Notices merely reiterated the findings in the
Preliminary Assessment Notice, Avon resubmitted its protest letter and supporting
documents. During the conference with the revenue officers on August 4, 2003,
Avon explained that it had already submitted all the reconciliation, schedules, and
other supporting documents. It also submitted additional documents as directed by
the revenue officers on June 26, 2003,109 and presented the original General Ledger
Book for 1999 for comparison by the Bureau of Internal Revenue's officers with the
copies previously submitted. Again, Avon explained the alleged sales discrepancy to
the revenue officers, who were convinced that there was no under declaration of
sales, and that the sales discrepancy between the Annual Income Tax Return and
Quarterly VAT Return was merely due to erroneous presentation of sales in the Third
Quarter VAT Return.110

By this time, hoping that the Commissioner would cancel the deficiency income and
VAT assessments arising from the alleged sales discrepancy, Avon informed the
Bureau of Internal Revenue examiners that it would make a partial payment of the
assessments, which it did.111

Fourth, however, the Commissioner issued the Collection Letter112 dated July 9, 2004
without deciding on the protest letter to the Final Assessment Notices. Once again,
she failed to even comment on the arguments raised or address the documents
submitted by Avon. Even the amounts supposedly paid by Avon were not deducted
from the amount demanded in the Collection Letter. To justify its issuance, the
Commissioner falsely alleged Avon of failing to submit its supporting documents. 113

Fifth, Avon filed a request for withdrawal of the Collection Letter, but it was likewise
ignored.114

Finally, the documents which reveal the events after the filing of the protest to the
Final Assessment Notices on May 9, 2004 were missing from the Bureau of Internal
Revenue Records.115 These were (a) the handwritten Minutes of the Bureau of
Internal Revenue/Taxpayer Conference on June 26, 2003; (b) Avon's letter116 dated
August 1, 2003, with supporting documents, received by Revenue Officer Gesmundo
on August 4, 2003, showing Avon's submission of the documents required by the
Revenue Officers during the June 26, 2003 meeting; and (c) the two (2) Bureau of
Internal Revenue Tax Payment Confirmations dated January 30, 2004, and Payment
Forms called Bureau of Internal Revenue Form No. 0605.117

Avon further submits that the presumption of correctness of the assessments cannot
apply in the face of compelling proof that they were issued without due process. It
adds that "[h]ad the administrative process been conducted with fairness and in
accordance with the prescribed procedure, [it] need not have incurred [filing fees
and other litigation expenses to defend against a bloated deficiency tax
assessment]."118

Against these claims of Avon, the Commissioner did not submit any refutation either
in her Comment119 or Memorandum,120 and even in her pleadings before the Court of
Tax Appeals. Instead, she could only give out a perfunctory resistance that "tax
assessments . . . are presumed correct and made in good faith."121

The Court of Tax Appeals ruled that the difference in the appreciation by the
Commissioner of Avon's supporting documents, which led to the deficiency tax
assessments, was not violative of due process. While the Commissioner has the duty
to receive the taxpayer's clarifications and explanations, she does not have the duty
to accept them on face value.122

This Court disagrees.

The facts demonstrate that Avon was deprived of due process. It was not fully
apprised of the legal and factual bases of the assessments issued against it. The
Details of Discrepancy123 attached to the Preliminary Assessment Notice, as well as
the Formal Letter of Demand with the Final Assessment Notices, did not even
comment or address the defenses and documents submitted by Avon. Thus, Avon
was left unaware on how the Commissioner or her authorized representatives
appreciated the explanations or defenses raised in connection with the assessments.
There was clear inaction of the Commissioner at every stage of the proceedings.

First, despite Avon's submission of its Reply, together with supporting documents, to
the revenue examiners' initial audit findings, and its explanation during the informal
conference,124 the Preliminary Assessment Notice was issued. The Preliminary
Assessment Notice reiterated the same audit findings, except for the alleged under-
declared sales which ballooned in amount from P15,700,000.00 to
P62,900,000.00,125 without any discussion or explanation on the merits of Avon's
explanations.

Upon receipt of the Preliminary Assessment Notice, Avon submitted its protest letter
and supporting documents,126 and even met with revenue examiners to explain.
Nonetheless, the Bureau of Internal Revenue issued the Final Letter of Demand and
Final Assessment Notices, merely reiterating the assessments in the Preliminary
Assessment Notice. There was no comment whatsoever on the matters raised by
Avon, or discussion of the Bureau of Internal Revenue's findings in a manner that
Avon may know the various issues involved and the reasons for the assessments.

Under the Bureau of Internal Revenue's own procedures, the taxpayer is required to
respond to the Notice of Informal Conference and to the Preliminary Assessment
Notice within 15 days from receipt. Despite Avon's timely submission of a Reply to
the Notice of Informal Conference and protest to the Preliminary Assessment Notice,
together with supporting documents, the Commissioner and her agents violated
their own procedures by refusing to answer or even acknowledge the submitted
Reply and protest.

The Notice of Informal Conference and the Preliminary Assessment Notice are a part
of due process.127 They give both the taxpayer and the Commissioner the
opportunity to settle the case at the earliest possible time without the need for the
issuance of a Final Assessment Notice. However, this purpose is not served in this
case because of the Bureau of Internal Revenue's inaction or failure to consider
Avon's explanations.

Upon receipt of the Final Assessment Notices, Avon resubmitted its protest and
submitted additional documents required by the revenue examiners, including the
original General Ledger for 1999. As testified by Avon's Finance Director, Mildred C.
Emlano, the Bureau of Internal Revenue examiners were convinced with Avon's
explanation during the meeting on August 4, 2003, particularly, that there was no
underdeclaration of sales.128 Still, the Commissioner merely issued a Collection Letter
dated July 9, 2004, demanding from Avon the payment of the same deficiency tax
assessments with a warning that should it fail to do so within the required period,
summary administrative remedies would be instituted without further notice.129 This
Collection Letter was based on the May 27, 2004 Memorandum of the Revenue
Officers stating that "[Avon] failed to submit supporting documents within 60-day
period."130 This inaction on the part of the Bureau of Internal Revenue and its agents
could hardly be considered substantial compliance of what is mandated by Section
228 of the Tax Code and the Revenue Regulation No. 12-99.
It is true that the Commissioner is not obliged to accept the taxpayer's explanations,
as explained by the Court of Tax Appeals.131 However, when he or she rejects these
explanations, he or she must give some reason for doing so. He or she must give
the particular facts upon which his or her conclusions are based, and those facts
must appear in the record.

Indeed, the Commissioner's inaction and omission to give due consideration to the
arguments and evidence submitted before her by Avon are deplorable
transgressions of Avon's right to due process.132 The right to be heard, which
includes the right to present evidence, is meaningless if the Commissioner can
simply ignore the evidence without reason.

In Edwards v. McCoy:133

The object of a hearing is as much to have evidence considered as it is to present it.

The right to adduce evidence, without the corresponding duty on the part of the
board to consider it, is vain. Such right is conspicuously futile if the person or
persons to whom the evidence is presented can thrust it aside without notice or
consideration.134

In Ang Tibay, this Court similarly ruled that "[n]ot only must the party be given an
opportunity to present his case and to adduce evidence tending to establish the
rights which he asserts but the tribunal must consider the evidence
presented."135

Furthermore, in Mendoza v. Commission on Elections,136 this Court explained:

[T]he last requirement, relating to the form and substance of the decision of a
quasi-judicial body, further complements the hearing and decision-making due
process rights and is similar in substance to the constitutional requirement that a
decision of a court must state distinctly the facts and the law upon which it is
based. As a component of the rule of fairness that underlies due process,
this is the "duty to give reason" to enable the affected person to
understand how the rule of fairness has been administered in his case, to
expose the reason to public scrutiny and criticism, and to ensure that the
decision will be thought through by the decision-maker. 137 (Emphasis
supplied, citation omitted)

In Villa v. Lazaro,138 this Court held that Anita Villa (Villa) was denied due process
when the then Human Settlement Regulatory Commission ignored her submission,
not once but thrice, of the official documents certifying to her compliance with the
pertinent locational, zoning, and land use requirements, and plans for the
construction of her funeral parlor. It imposed on Villa a fine of P10,000.00 and
required her to cease operations on the spurious premise that she had failed to
submit the required documents. This Court found the Commissioner's failure or
refusal to even acknowledge the documents submitted by Villa indefensible. It
further held that the defects in the administrative proceedings "translate to a denial
of due process against which the defense of failure to take timely appeal will not
avail."139

Similarly, in this case, despite Avon's submission of its explanations and pieces of
evidence to the assessments, the Commissioner failed to acknowledge these
submissions and instead issued identical Preliminary Assessment Notice, Final Letter
of Demand with the Final Assessment Notices, and Collection Letter, the latter being
premised on Avon's alleged failure to submit supporting documents to its protest.
Had the Commissioner performed her functions properly and considered the
explanations and pieces of evidence submitted by Avon, this case could have been
settled at the earliest possible time. For instance, all the evidence needed to settle
the issue on under-declared sales, which constituted the bulk of the deficiency tax
assessments, have been submitted to the Bureau of Internal Revenue. Indeed, from
these same submissions, the Court of Tax Appeals concluded that there was no
under-declaration of sales. As aptly pointed out by Avon, "The [Commissioner could
not] feign simple mistake or misappreciation of the evidence . . . because [the issue
was] plain and simple."140

Moreover, the Court of Tax Appeals erroneously applied the "presumption of

regularity" in sustaining the Commissioner's assessments.

The presumption that official duty has been regularly performed is a disputable
presumption under Rule 131, Section 3(m) of the Rules of Court. As a disputable
presumption —

[I]t may be accepted and acted on where there is no other evidence to uphold the
contention for which it stands, or one which may be overcome by other evidence ...

The presumption of regularity of official acts may be rebutted by affirmative

evidence of irregularity or failure to perform a duty.141 (Citation omitted)

In Sevilla v. Cardenas,142 this Court refused to apply the "presumption of regularity"

when it noted that there was documentary and testimonial evidence that the civil
registrar did not exert utmost efforts before certifying that no marriage license was
issued in favor of one of the parties.

This Court also refused to apply the presumption of regularity in Bank of the
Philippine Islands v. Evangelista,143 where the process server failed to show that he
followed the required procedures:

We cannot sustain petitioner's argument, which is anchored on the presumption of

regularity in the process server's performance of duty. The Court already had
occasion to rule that "[c]ertainly, it was never intended that the presumption of
regularity in the performance of official duty will be applied even in cases where
there is no showing of substantial compliance with the requirements of the rules of
procedure." Such presumption does not apply where it is patent that the sheriff's or
server's return is defective. Under this circumstance, respondents are not duty-
bound to adduce further evidence to overcome the presumption, which no longer
holds.144 (Citations omitted)

Here, contrary to the ruling of the Court of Appeals, the presumption of regularity in
the performance of the Commissioner's official duties cannot stand in the face of
positive evidence of irregularity or failure to perform a duty.

I.C

The Commissioner's total disregard of due process rendered the identical Preliminary
Assessment Notice, Final Assessment Notices, and Collection Letter null and void,
and of no force and effect.

This Court has, in several cases, declared void any assessment that failed to strictly
comply with the due process requirements set forth in Section 228 of the Tax Code
and Revenue Regulation No. 12-99.

In Commissioner of Internal Revenue v. Metro Star Superama, Inc.,145 this Court

held that failure to send a Preliminary Assessment Notice stating the facts and the
law on which the assessment was made as required by Section 228 of the Tax Code
rendered the assessment made by the Commissioner as void. This Court explained:

Indeed, Section 228 of the Tax Code clearly requires that the taxpayer must first be
informed that he is liable for deficiency taxes through the sending of a PAN. He must
be informed of the facts and the law upon which the assessment is made. The law
imposes a substantive, not merely a formal, requirement. To proceed heedlessly
with tax collection without first establishing a valid assessment is evidently violative
of the cardinal principle in administrative investigations — that taxpayers should be
able to present their case and adduce supporting evidence.146 (Citation omitted)

In Commissioner of Internal Revenue v. Reyes,147 this Court ruled as void an

assessment for deficiency estate tax issued by the Commissioner for failure to
inform the taxpayer of the law and the facts on which the assessment was made, in
violation of Section 228 of the Tax Code.

In Pilipinas Shell Petroleum Corporation v. Commissioner of Internal Revenue,148 this

Court ruled, among others, that the taxpayer was deprived of due process when the
Commissioner failed to issue a notice of informal conference and a Preliminary
Assessment Notice as required by Revenue Regulation No. 12-99, in relation to
Section 228 of the Tax Code. Hence, the assessment was void.

Compliance with strict procedural requirements must be followed in the collection of

taxes as emphasized in Commissioner of Internal Revenue v. Algue, Inc.:149

Taxes are the lifeblood of the government and so should be collected without
unnecessary hindrance. On the other hand, such collection should be made in
accordance with law as any arbitrariness will negate the very reason for
government itself. It is therefore necessary to reconcile the apparently conflicting
interests of the authorities and the taxpayers so that the real purpose of taxation,
which is the promotion of the common good, may be achieved.

....

It is said that taxes are what we pay for civilized society. Without taxes, the
government would be paralyzed for lack of the motive power to activate and operate
it. Hence, despite the natural reluctance to surrender part of one's hard-earned
income to the taxing authorities, every person who is able to must contribute his
share in the running of the government. The government for its part, is expected to
respond in the form of tangible and intangible benefits intended to improve the lives
of the people and enhance their moral and material values. This symbiotic
relationship is the rationale of taxation and should dispel the erroneous notion that it
is an arbitrary method of exaction by those in the seat of power.

But even as we concede the inevitability and indispensability of taxation, it

is a requirement in all democratic regimes that it be exercised reasonably
and in accordance with the prescribed procedure. If it is not, then the
taxpayer has a right to complain and the courts will then come to his
succor. For all the awesome power of the tax collector, he may still be
stopped in his tracks if the taxpayer can demonstrate ... that the law has
not been observed.150 (Emphasis supplied)

In this case, Avon was able to amply demonstrate the Commissioner's disregard of
the due process standards raised in Ang Tibay and subsequent cases, and of the
Commissioner's own rules of procedure. Her disregard of the standards and rules
renders the deficiency tax assessments null and void. This Court, nonetheless,
proceeds to discuss the points raised by the Commissioner pertaining to estoppel
and prescription.

II

As a general rule, petitioner has three (3) years from the filing of the return to
assess taxpayers. Section 203 of the Tax Code provides:

Section 203. Period of Limitation Upon Assessment and Collection. — Except as

provided in Section 222, 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.

An exception to the rule of prescription is found m Section 222, paragraphs (b) and
(d) of the same Code, viz:

Section 222. Exceptions as to Period of Limitation of Assessment and Collection of

Taxes. —

....

(b) If before the expiration of the time prescribed in Section 203 for the assessment
of the tax, both the Commissioner and the taxpayer have agreed in writing to its
assessment after such time, the tax may be assessed within the period agreed upon.
The period so agreed upon may be extended by subsequent written agreement
made before the expiration of the period previously agreed upon.

....

(d) Any internal revenue tax, which has been assessed within the period agreed
upon as provided in paragraph (b) hereinabove, may be collected by distraint or levy
or by a proceeding in court within the period agreed upon in writing before the
expiration of the five (5)-year period. The period so agreed upon may be extended
by subsequent written agreements made before the expiration of the period
previously agreed upon.

Thus, the period to assess and collect taxes may be extended upon the
Commissioner and the taxpayer's written agreement, executed before the expiration
of the three (3)-year period.

In this case, two (2) waivers were supposedly executed by the parties extending the
prescriptive periods for assessment of income tax, VAT, and expanded and final
withholding taxes to January 14, 2003, and then to April 14, 2003.151

The Court of Tax Appeals, both the Special First Division and En Banc, declared the
two (2) Waivers of the Defense of Prescription defective and void, for the
Commissioner's failure to furnish signed copies of the Waivers to Avon, in violation
of the requirements provided in Revenue Memorandum Order No. 20-90.152

Indeed, a Waiver of the Defense of Prescription is a bilateral agreement between a

taxpayer and the Bureau of Internal Revenue to extend the period of assessment
and collection to a certain date. "The requirement to furnish the taxpayer with a
copy of the waiver is not only to give notice of the existence of the document but of
the acceptance by the [Bureau of Internal Revenue] and the perfection of the
agreement."153

However, the Commissioner in this case contends that Avon is estopped from
assailing the validity of the Waivers of the Defense of Prescription that it executed
when it paid portions of the disputed assessments.154 The Commissioner invokes the
ruling in Rizal Commercial Banking Corporation v. Commissioner of Internal
Revenue,155 which allegedly must be applied as stare decisis.156

The Commissioner's contention is untenable.

Rizal Commercial Banking Corporation is not on all fours with this case. The estoppel
upheld in that case arose from the benefit obtained by the taxpayer from its
execution of the waiver, in the form of a drastic reduction of the deficiency taxes,
and the taxpayer's payment of a portion of the reduced tax assessment. In that
case, this Court explained that Rizal Commercial Banking Corporation's partial
payment of the revised assessments effectively belied its insistence that the waivers
were invalid and the assessments were issued beyond the prescriptive period. Thus:

Estoppel is clearly applicable to the case at bench. RCBC, through its partial
payment of the revised assessments issued within the extended period as provided
for in the questioned waivers, impliedly admitted the validity of those waivers. Had
petitioner truly believed that the waivers were invalid and that the assessments
were issued beyond the prescriptive period, then it should not have paid the reduced
amount of taxes in the revised assessment. RCBC's subsequent action effectively
belies its insistence that the waivers are invalid. The records show that on December
6, 2000, upon receipt of the revised assessment, RCBC immediately made payment
on the uncontested taxes. Thus, RCBC is estopped from questioning the validity of
the waivers. To hold otherwise and allow a party to gainsay its own act or deny
rights which it had previously recognized would run counter to the principle of equity
which this institution holds dear.157 (Citation omitted)

Here, Avon claimed that it did not receive any benefit from the waivers.158 On the
contrary, there was even a drastic increase in the assessed deficiency taxes when
the Commissioner increased the alleged sales discrepancy from P15,700,000.00 in
the preliminary findings to P62,900,000.00 in the Preliminary Assessment Notice and
Final Assessment Notices. Furthermore, Avon was compelled to pay a portion of the
deficiency assessments "in compliance with the Revenue Officer's condition in the
hope of cancelling the assessments on the non-existent sales discrepancy."159 Under
these circumstances, Avon's payment of an insignificant portion of the assessment
cannot be deemed an admission or recognition of the validity of the waivers.

On the other hand, the Court of Tax Appeals' reliance on the general rule enunciated
in Commissioner of Internal Revenue v. Kudos Metal Corporation160 is proper. In that
case, this Court ruled that the Bureau of Internal Revenue could not hide behind the
doctrine of estoppel to cover its failure to comply with its own procedures. "[A]
waiver of the statute of limitations [is] a derogation of the taxpayer's right to
security against prolonged and unscrupulous investigations [and thus, it] must be
carefully and strictly construed."161

III

The Commissioner of Internal Revenue in this case asserts that since Avon filed its
protest on May 9, 2003, it only had 30 days from November 5, 2003, i.e., the end of
the 180 days, or until December 5, 2003 within which to appeal to the Court of Tax
Appeals. As Avon only filed its appeal on August 13, 2004, its right to appeal has
prescribed.162

Avon counters that it acted in good faith and in accordance with Rule 4, Section 3 of
the Revised Rules of the Court of Tax Appeals and jurisprudence when it opted to
wait for the decision of the Commissioner and appeal it within the 30-day
period.163 "The Collection Letter, albeit void, constitutes a constructive denial of
Avon's protest and is the final decision of the [Commissioner] for purposes of
counting the reglementary 30-day period to appeal[.]"164 Since Avon received the
Collection Letter on July 14, 2004, its Petition for Review was timely filed on August
13, 2004.165 At any rate, Avon argues that the issue on the timeliness of its appeal
was raised by the Commissioner only in its Motion for Reconsideration of the Court
of Tax Appeals En Banc November 9, 2011 Decision, and a belated consideration of
this matter would violate its right to due process and fair play.166

The issue on whether Avon's Petition for Review before the Court of Tax Appeals was
time-barred requires the interpretation and application of Section 228 of the Tax
Code, viz:

Section 228. Protesting of Assessment. —

....

Such assessment may be protested administratively by filing a request for

reconsideration or reinvestigation within thirty (30) days from receipt of the
assessment in such form and manner as may be prescribed by implementing rules
and regulations. Within sixty (60) days from filing of the protest, all relevant
supporting documents shall have been submitted; otherwise, the assessment shall
become final.

If the protest is denied in whole or in part, or is not acted upon within one
hundred eighty (180) days from submission of documents, the taxpayer
adversely affected by the decision or inaction may appeal to the Court of
Tax Appeals within thirty (30) days from receipt of the said decision,
or from the lapse of the one hundred eighty (180)-day period; otherwise,
the decision shall become final, executory and demandable. (Emphasis
supplied)

Section 228 of the Tax Code amended Section 229167 of the Old Tax Code168 by
adding, among others, the 180-day rule. This new provision presumably avoids the
situation in the past when a taxpayer would be held hostage by the Commissioner's
inaction on his or her protest. Under the Old Tax Code, in conjunction with Section
11 of Republic Act No. 1125, only the decision or ruling of the Commissioner on a
disputed assessment is appealable to the Court of Tax Appeals. Consequently, the
taxpayer then had to wait for the Commissioner's action on his or her protest, which
more often was long-delayed.169 With the amendment introduced by Republic Act
No. 8424, the taxpayer may now immediately appeal to the Court of Tax Appeals in
case of inaction of the Commissioner for 180 days from submission of supporting
documents.

Republic Act No. 9282, or the new Court of Tax Appeals Law, which took effect on
April 23, 2004, amended Republic Act No. 1125 and included a provision
complementing Section 228 of the Tax Code, as follows:

Section 7. Jurisdiction. — The CTA shall exercise:

(a) Exclusive appellate jurisdiction to review by appeal, as herein provided:

....

(2) Inaction by the Commissioner of Internal Revenue in cases involving

disputed assessments, refunds of internal revenue taxes, fees or other charges,
penalties in relation thereto, or other matters arising under the National Internal
Revenue Code or other laws administered by the Bureau of Internal
Revenue, where the National Internal Revenue Code provides a specific
period of action, in which case the inaction shall be deemed a denial[.]
(Emphasis supplied)

Under Section 7(a)(2) above, it is expressly provided that the "inaction" of the
Commissioner on his or her failure to decide a disputed assessment within 180 days
is "deemed a denial" of the protest.

In Rizal Commercial Banking Corporation v. Commissioner of Internal

Revenue,170 this Court, by way of an obiter, ruled as follows:

In case the Commissioner failed to act on the disputed assessment within the 180-
day period from the date of submission of documents, a taxpayer can either: 1) file
a petition for review with the Court of Tax Appeals within 30 days after the
expiration of the 180-day period; or 2) await the final decision of the Commissioner
on the disputed assessment and appeal such final decision to the Court of Tax
Appeals within 30 days after receipt of a copy of such decision. However, these
options are mutually exclusive, and resort to one bars the application of the other.171
In Rizal Commercial Banking Corporation, the Commissioner failed to act on the
disputed assessment within 180 days from date of submission of documents. Thus,
Rizal Commercial Banking Corporation opted to file a Petition for Review before the
Court of Tax Appeals. Unfortunately, it was filed more than 30 days following the
lapse of the 180-day period. Consequently, it was dismissed by the Court of Tax
Appeals for late filing. Rizal Commercial Banking Corporation did not file a Motion for
Reconsideration or make an appeal; hence, the disputed assessment became final
and executory.

Subsequently, Rizal Commercial Banking Corporation filed a petition for relief from
judgment on the ground of excusable negligence, but this was denied by the Court
of Tax Appeals for lack of merit. This Court affirmed the Court of Tax Appeals. It
further held that even if the negligence of Rizal Commercial Banking Corporation's
counsel was excusable and the petition for relief from judgment would be granted, it
would not fare any better because its action for cancellation of assessments had
already prescribed since its Petition was filed beyond the 180+30-day period stated
in Section 228.

Rizal Commercial Banking Corporation then filed a Motion for Reconsideration.

Denying the motion, this Court held that it could not anymore "claim that the
disputed assessment is not yet final as it remained unacted upon by the
Commissioner; that it can still await the final decision of the Commissioner and
thereafter appeal the same to the Court of Tax Appeals."172 Since it had availed of
the first option by filing a petition for review because of the Commissioner's inaction,
although late, it could no longer resort to the second option.

Rizal Commercial Banking Corporation referred to Rule 4, Section 3(a)(2) of the

2005 Revised Rules of the Court of Tax Appeals, or the 2005 Court of Tax Appeals
Rules, which provides:

Section 3. Cases Within the Jurisdiction of the Court in Divisions. — The Court in
Divisions shall exercise:

(a) Exclusive original or

appellate jurisdiction
to review by appeal
the following:
....

(2) Inaction by the Commissioner of Internal Revenue in

cases involving disputed assessments, refunds of internal
revenue taxes, fees or other charges, penalties in relation
thereto, or other matters arising under the National Internal
Revenue Code or other laws administered by the Bureau of
Internal Revenue, where the National Internal Revenue Code
or other applicable law provides a specific period for action:
Provided, that in case of disputed assessments, the inaction of
the Commissioner of Internal Revenue within the one
hundred eighty day-period under Section 228 of the National
Internal Revenue Code shall be deemed a denial for purposes
of allowing the taxpayer to appeal his case to the Court and
does not necessarily constitute a formal decision of the
Commissioner of Internal Revenue on the tax case; Provided,
further, that should the taxpayer opt to await the final
decision of the Commissioner of Internal Revenue on the
disputed assessments beyond the one hundred eighty day-
period abovementioned, the taxpayer may appeal such final
decision to the Court under Section 3(a), Rule 8 of these
 Rules; and Provided, still further, that in the case of claims
for refund of taxes erroneously or illegally collected, the
taxpayer must file a petition for review with the Court prior
to the expiration of the two-year period under Section 229 of
the National Internal Revenue Code[.] (Emphasis supplied)

In Lascona Land Co., Inc. v. Commissioner of Internal Revenue,173 this Court

reaffirmed Rizal Commercial Banking Corporation, viz:

In arguing that the assessment became final and executory by the sole reason that
petitioner failed to appeal the inaction of the Commissioner within 30 days after the
180-day reglementary period, respondent, in effect, limited the remedy of Lascona,
as a taxpayer, under Section 228 of the NIRC to just one, that is — to appeal the
inaction of the Commissioner on its protested assessment after the lapse of the 180-
day period. This is incorrect.

....

[W]hen the law provided for the remedy to appeal the inaction of the CIR, it did not
intend to limit it to a single remedy of filing of an appeal after the lapse of the 180-
day prescribed period. Precisely, when a taxpayer protested an assessment, he
naturally expects the CIR to decide either positively or negatively. A taxpayer cannot
be prejudiced if he chooses to wait for the final decision of the CIR on the protested
assessment. More so, because the law and jurisprudence have always contemplated
a scenario where the CIR will decide on the protested assessment.174

This Court, nonetheless, stressed that these two (2) options of the taxpayer, i.e., to
(1) file a petition for review before the Court of Tax Appeals within 30 days after the
expiration of the 180-day period; or (2) to await the final decision of the
Commissioner on the disputed assessment and appeal this final decision to the Court
of Tax Appeals within 30 days from receipt of it, "are mutually exclusive and resort
to one bars the application of the other." 175

Rule 4, Section 3(a)(2) of the 2005 Court of Tax Appeals Rules clarifies Section 7(a)
(2) of Republic Act No. 9282 by stating that the "deemed a denial'' rule is only for
the "purposes of allowing the taxpayer to appeal" in case of inaction of the
Commissioner and "does not necessarily constitute a formal decision of the
Commissioner." Furthermore, the same provision clarifies that the taxpayer may
choose to wait for the final decision of the Commissioner even beyond the 180-day
period, and appeal from it.

The 2005 Court of Tax Appeals Rules were approved by the Court En Banc on
November 22, 2005, in A.M. No. 05-11-07-CTA, pursuant to its constitutional rule-
making authority.176 Under Article VIII, Section 5, paragraph 5 of the 1987
Constitution:

Section 5. The Supreme Court shall have the following powers:

....

(5) Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law,
the Integrated Bar, and legal assistance to the underprivileged. Such rules shall
provide a simplified and inexpensive procedure for the speedy disposition of cases,
shall be uniform for all courts of the same grade, and shall not diminish, increase, or
modify substantive rights. Rules of procedure of special courts and quasi-judicial
bodies shall remain effective unless disapproved by the Supreme Court. (Emphases
supplied)
In Metro Construction, Inc. v. Chatham Properties, Inc.,177 this Court held:

There is no controversy on the principle that the right to appeal is statutory.

However, the mode or manner by which this right may be exercised is a question of
procedure which may be altered and modified provided that vested rights are not
impaired. The Supreme Court is bestowed by the Constitution with the power and
prerogative, inter alia, to promulgate rules concerning pleadings, practice and
procedure in all courts, as well as to review rules of procedure of special courts and
quasi-judicial bodies, which, however, shall remain in force until disapproved by the
Supreme Court. This power is constitutionally enshrined to enhance the
independence of the Supreme Court.178 (Citation omitted)

Carpio-Morales v. Court of Appeals179 elucidated that while Congress has the

authority to establish the lower courts, including the Court of Tax Appeals, and to
define, prescribe, and apportion their jurisdiction, the authority to promulgate rules
of procedure is exclusive to this Court:

A court's exercise of the jurisdiction it has acquired over a particular case

conforms to the limits and parameters of the rules of procedure duly
promulgated by this Court. In other words, procedure is the framework within
which judicial power is exercised. In Manila Railroad Co. v. Attorney-General, the
Court elucidated that "[t]he power or authority of the court over the subject matter
existed and was fixed before procedure in a given cause began. Procedure does
not alter or change that power or authority; it simply directs the manner in
which it shall be fully and justly exercised. To be sure, in certain cases, if that
power is not exercised in conformity with the provisions of the procedural law,
purely, the court attempting to exercise it loses the power to exercise it legally. This
does not mean that it loses jurisdiction of the subject matter."

While the power to define, prescribe, and apportion the jurisdiction of the various
courts is, by constitutional design, vested unto Congress, the power to
promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts belongs
exclusively to this Court. (Emphasis in the original, citations omitted)180

Section 228 of the Tax Code and Section 7 of Republic Act No. 9282 should be read
in conjunction with Rule 4, Section 3(a)(2) of the 2005 Court of Tax Appeals Rules.
In other words, the taxpayer has the option to either elevate the case to the Court
of Tax Appeals if the Commissioner does not act on his or her protest, or to wait for
the Commissioner to decide on his or her protest before he or she elevates the case
to the Court of Tax Appeals. This construction is reasonable considering that Section
228 states that the decision of the Commissioner not appealed by the taxpayer
becomes final, executory, and demandable.

IV

In this case, Avon opted to wait for the final decision of the Commissioner on its
protest filed on May 9, 2003.

This Court holds that the Collection Letter dated July 9, 2004 constitutes the final
decision of the Commissioner that is appealable to the Court of Tax Appeals.181 The
Collection Letter dated July 9, 2004 demanded from Avon the payment of the
deficiency tax assessments with a warning that should it fail to do so within the
required period, summary administrative remedies would be instituted without
further notice.182 The Collection Letter was purportedly based on the May 27, 2004
Memorandum of the Revenue Officers stating that Avon "failed to submit supporting
documents within 60-day period."183 This Collection Letter demonstrated a character
of finality such that there can be no doubt that the Commissioner had already made
a conclusion to deny Avon's request and she had the clear resolve to collect the
subject taxes.
Avon received the Collection Letter on July 14, 2004. Hence, Avon's appeal to the
Court of Tax Appeals filed on August 13, 2004 was not time-barred.

In any case, even if this Court were to disregard the Collection Letter as a final
decision of the Commissioner on Avon's protest, the Collection Letter constitutes an
act of the Commissioner on "other matters" arising under the National Internal
Revenue Code, which, pursuant to Philippine Journalists, Inc. v. CIR,184 may be the
subject of an appropriate appeal before the Court of Tax Appeals.

On a final note, the Commissioner is reminded of her duty enunciated in Section

3.1.6 of Revenue Regulations No. 12-99 to render a final decision on disputed
assessment. Section 228 of the Tax Code requires taxpayers to exhaust
administrative remedies by filing a request for reconsideration or reinvestigation
within 30 days from receipt of the assessment. Exhaustion of administrative
remedies is required prior to resort to the Court of Tax Appeals precisely to give the
Commissioner the opportunity to "re-examine its findings and conclusions"185 and to
decide the Issues raised within her competence.186

Paat v. Court of Appeals187 wrote:

This Court in a long line of cases has consistently held that before a party is allowed
to seek the intervention of the court, it is a pre-condition that he should have
availed of all the means of administrative processes afforded him. Hence, if a
remedy within the administrative machinery can still be resorted to by giving the
administrative officer concerned every opportunity to decide on a matter that comes
within his jurisdiction then such remedy should be exhausted first before court's
judicial power can be sought. The premature invocation of court's intervention is
fatal to one's cause of action. Accordingly, absent any finding of waiver
or estoppel the case is susceptible of dismissal for lack of cause of action. This
doctrine of exhaustion of administrative remedies was not without its
practical and legal reasons, for one thing, availment of administrative
remedy entails lesser expenses and provides for a speedier disposition of
controversies. It is no less true to state that the courts of justice for
reasons of comity and convenience will shy away from a dispute until the
system of administrative redress has been completed and complied with so
as to give the administrative agency concerned every opportunity to correct
its error and to dispose of the case.188 (Emphasis supplied, citations omitted)

Taxpayers cannot be left in quandary by the Commissioner's inaction on the

protested assessment. It is imperative that the taxpayers are informed of the
Commissioner's action for them to take proper recourse to the Court of Tax Appeals
at the opportune time.189 Furthermore, this Court had time and again expressed the
dictum that "the Commissioner should always indicate to the taxpayer in clear and
unequivocal language what constitutes his [or her] final determination of the
disputed assessment. That procedure is demanded by the pressing need for fair
play, regularity and orderliness in administrative action."190

While indeed the government has an interest in the swift collection of taxes, its
assessment and collection should be exercised justly and fairly, and always in strict
adherence to the requirements of the law and of the Bureau of Internal Revenue's
own rules.

WHEREFORE, the Petition of the Commissioner of Internal Revenue in G.R. Nos.

201398-99 is DENIED. The Petition of Avon Products Manufacturing, Inc. in G.R.
Nos. 201418-19 is GRANTED. The remaining deficiency Income Tax under
Assessment No. LTAID-II-IT-99-00018 in the amount of P357,345.88 for taxable
year 1999, including increments, is hereby declared NULL and VOID and
is CANCELLED.

SO ORDERED.
Peralta (Chairperson), A. Reyes, Jr., and J. Reyes, Jr., JJ., concur.
Gesmundo, J., on official leave.

December 17, 2018

NOTICE OF JUDGMENT

Sirs / Mesdames:

Please take notice that on October 3, 2018 a Decision, copy attached hereto, was
rendered by the Supreme Court in the above-entitled cases, the original of which
was received by this Office on December 17, 2018 at 10:18 a.m.

Very truly yours,

 
(SGD.) WILFREDO V. LAPITAN
Division Clerk of Court

Endnotes:

1
Rollo (G.R. Nos. 201398-99), pp. 49-93. The Decision was penned by Associate
Justice Cielito N. Mindaro-Grulla and concurred in by Presiding Justice Ernesto D.
Acosta, Associate Justices Juanito C. Castañeda, Jr., Lovell R. Bautista, Erlinda P. Uy,
Caesar A. Casanova, Olga Palanca-Enriquez (with Separate Conccuring Opinion), and
Amelia R. Cotangco-Manalastas. Associate Justice Esperanza R. Fabon-Victorino was
on wellness leave.

2
 Id. at 104-115. The Resolution was penned by Associate Justice Cielito N. Mindaro-
Grulla and concurred in by Associate Justices Juanito C. Castañeda, Jr., Lovell R.
Bautista, Erlinda P. Uy, Caesar A. Casanova, Olga Palanca-Enriquez, Esperanza R.
Fabon-Victorino, and Amelia R. Cotangco-Manalastas. Presiding Justice Ernesto D.
Acosta was on leave.

3
 Id. at 116-142.

4
Rollo (G.R. Nos. 201418-19), pp. 529-560.

5
Rollo (G.R. Nos. 201398-99), pp. 143-181. The Decision, docketed as CTA Case No.
7038, was penned by Presiding D. Acosta and concurred in by Associate Justice
Lovell R. Bautista. Associate Justice Caesar A. Casanova was on leave.

6
 Id. at 193-215.

7
Rollo (G.R. Nos. 201418-19), pp. 113-128.

8
Rollo (G.R. Nos. 201398-99), p. 52.

9
 Id. at 52 and 71.

10
 Id. at 356.

11
Rollo (G.R. Nos. 201418-19), p. 189.
12
 Id.

13
 Id.

14
 Id. at 190-202.

15
Rollo (G.R. Nos. 201398-99), p. 53.

16
 Id.

17
Rollo (G.R. Nos. 201418-19), pp. 203-206.

18
 Id. at 207-211.

19
Rollo (G.R. Nos. 201398-99), p. 53.

20
Rollo (G.R. Nos. 201418-19), p. 212, with Protest Letter dated February 13, 2003
(pp. 214-221).

21
Rollo (G.R. Nos. 201398-99), p. 59.

22
Rollo (G.R.Nos. 201418-19), pp. 15-17.

23
Rollo (G.R. Nos. 201398-99), p. 59.

24
 Id.

25
 Id. at 60.

26
Rollo (G.R. Nos. 201418-19), pp. 18-19.

27
 Id. at 340-343.

28
Rollo (G.R. Nos. 201398-99), p. 60.

29
 Id.

30
Rollo (G.R. Nos. 201418-19), pp. 344-368.

31
 Id. at 369-377.

32
 Id. at 150-188.

33
 Id. at 61.

34
 Id. at 61-63; rollo (G.R. Nos. 201398-99), pp. 62-64.

35
Rollo (G.R. Nos. 201418-19), p. 187.

36
 Id. at 521-528. The Resolution, docketed as CTA Case No. 7038, was signed by
Presiding Justice Ernesto D. Acosta, and Associate Justices Lovell R. Bautista and
Caesar A. Casanova.

37
Rollo (G.R. Nos. 201398-99), p. 64.

38
Rollo (G.R. Nos. 201418-19), pp. 48-92.

39
 Id. at 64; rollo (G.R. Nos. 201398-99), p. 65.
40
Rollo (G.R. Nos. 201418-19), p. 68; rollo (G.R. Nos. 201398-99), p. 69.

41
Rollo (G.R. Nos. 201418-19), p. 77; rollo (G.R. Nos. 201398-99), p. 78.

42
Rollo (G.R. Nos. 201418-19), pp. 78-85; rollo (G.R. Nos. 201398-99), pp. 79-86.

43
Rollo (G.R. Nos. 201418-19), pp. 86-87; rollo (G.R. Nos. 201398-99), pp. 87-88.

44
Rollo (G.R. Nos. 201418-19), p. 89; rollo (G.R. Nos. 201398-99), p. 90.

45
Rollo (G.R. Nos. 201418-19), p. 90; rollo (G.R. Nos. 201398-99), p. 91.

46
Rollo (G.R. Nos. 201418-19), pp. 101-112.

47
Rollo (G.R. Nos. 201398-99), p. 110. Footnote 11 provided the citation Rizal
Commercial Banking Corporation v. Commissioner of Internal Revenue, CTA EB No.
83, July 27, 2005 (CTA Case No. 6201).

48
 634 Phil. 314 (2010) [Per J. Del Castillo, Second Division].

49
Rollo (G.R. Nos. 201418-19), pp. 109-110.

50
Rollo (G.R. Nos. 201398-99), pp. 10-46.

51
 Id. at 21.

52
Rollo (G.R. Nos. 201418-19), pp. 10-43.

53
 Id. at 23.

54
 Id. at 33.

55
 Id. at 813.

56
Rollo (G.R. Nos. 201398-99), pp. 344-376 (CIR's Memorandum) and pp. 377-472
(Avon's Memorandum).

57
 Id. at 330-331.

58
 Id. at 399.

59
 Id. at 430.

60
 Id. at 403.

61
Rollo (G.R. Nos. 201418-19), p. 33.

62
Rollo (G.R. Nos. 201398-99), p. 416.

63
 TAX CODE, sec. 2.

64
 TAX CODE, sec. 5(B).

65
 TAX CODE, sec. 5(C).

66
 TAX CODE, sec. 6(B).

67
Commissioner of Internal Revenue v. United Salvage and Towage (Phils.), Inc.,
738 Phil. 335, 353 (2014) [Per J. Peralta, Third Division].
68
Commissioner of Internal Revenue v. Metro Star Superama, Inc., 652 Phil. 172,
184 (2010) [Per J. Mendoza, Second Division].

69
 Concurring Opinion of J. Bellosillo in Commissioner of Internal Revenue v. Court of
Appeals, 329 Phil 987, 1018 (1996) [Per J. Vitug, First Division].

70
 Id.

71
Mabuhay Textile Mills Corp. v. Ongpin, 225 Phil 383, 393 (1986) [Per J. Gutierrez,
Jr., First Division], citing Bacus v. Ople, 217 Phil. 670 (I984) [Per J. Cuevas, Second
Division].

72
 69 Phil. 635 (1940) [Per J. Laurel, En Banc].

73
 Id. at 641.

74
 Id. at 642.

75
 See Ang Tibay v. The Court of Industrial Relations, 69 Phil. 635, 642-644 (1940)
[Per J. Laurel, En Banc].

76
 618 Phil 706 (2009) [Per J. Brion, En Banc].

77
 In Vivo v. Philippine Amusement and Gaming Corp., 721 Phil 34, 42-43 (2013)
[Per J. Bersamin, En Banc], citing Gonzales v. Civil Service Commission, 524 Phil
271 (2006) [Per J. Corona, En Banc] and Autencio v. Mañara, 489 Phil 752 (2005)
[Per J. Panganiban, Third Division], this Court held that "any defect in the
observance of due process is cured by the filing of a motion for reconsideration, and
that denial of due process cannot be successfully invoked by a party who was
afforded the opportunity to be heard."

78
 See Fontanilla  v. Commissioner Proper, G.R. No. 209714, June 21, 2016 <
http://sc.judiciary.gov.ph/pdf/web/viewer.html?
file=/jurisprudence/2016/june2016/209714.pdf > 9 [Per J. Brion, En Banc]; Office
of the Ombudsman v. Reyes, 674 Phil 416 (2011) [Per J. Leonardo-De Castro, First
Division].

79
Mendoza v. Commission on Elections, 618 Phil. 706, 727 (2009) [Per J. Brion, En
Banc].

80
 Id.

81
 Id.

82
Tolentino v. Commission on Elections, 631 Phil 568, 589 (2010) [Per J. Bersamin,
En Banc].

83
Singson v. National Labor Relations Commission, 340 Phil 470, 475 (1997) [Per
J .Puno, Second Division], citing Air Manila, Inc. v. Balatbat, 148 Phil. 502 (1971)
[Per J. Reyes, En Banc].

84
 G.R. No. 186502, December 13, 2017 <
http://sc.judiciary.gov.ph/pdf/web/viewer.html?
file=/jurisprudence/2017/december2017/186502.pdf > [Per J. Martires, Third
Division].

85
 Id. at 11-14.

86
 Id. at 14.
87
Vivo v. Philippine Amusement and Gaming Corp., 721 Phil. 34, 43 (2013) [Per J.
Bersamin, En Banc].

88
 204 Phil 194 (1982) [Per J. Gutierrez, Jr., First Division].

89
 Id. at 197.

90
 Id. at 198.

91
 Id. at 200.

92
 Id.

93
 Id. at 200-202.

94
 G.R. Nos. 217872 & 221866, August 24, 2016 <
http://sc.judiciary.gov.ph/pdf/web/viewer.html?
file=/jurisprudence/2016/august2016/217872.pdf > [Per J. Mendoza, Second
Division] and G.R. Nos. 217872 & 221866, April 26, 2017 <
http://sc.judiciary.gov.ph/pdf/web/viewer.html?
file=/jurisprudence/2017/april2017/217872.pdf > [Per J. Mendoza, Special Second
Division].

95
Saunar v. Ermita, G.R. No. 186502, December 13, 2017 <
http://sc.judiciary.gov.ph/pdf/web/viewer.html?
file=/jurisprudence/2017/december2017/186502.pdf > [Per J. Martires, Third
Division]; Concurring Opinion of J. Brion in Perez v. Philippine Telegraph and Phone
Company, 602 Phil. 522, 545 (2009) [Per J. Corona, En Banc].

96
Gutierrez v. Commission on Audit, 750 Phil. 413, 430 (2015) [Per J. Leonen, En
Banc].

97
 Id. at 431.

98
 Implementing the Provisions of the National Internal Revenue Code of 1997
Governing the Rules on Assessment of National Internal Revenue Taxes, Civil
Penalties and Interest and the Extra-Judicial Settlement of a Taxpayer's Criminal
Violation of the Code Through Payment of a Suggested Compromise Penalty (1999).

99
Commissioner of Internal Revenue v. Liquigaz Philippines Corp., 784 Phil. 874, 888
(2016) [Per J. Mendoza, Second Division].

100
Rollo (G.R. Nos. 201398-99), p. 401.

101
 Id. at 413.

102
Rollo (G.R. No. 201418-19), pp. 720-724.

103
Rollo (G.R. Nos. 201398-99), p. 405, rollo (G.R. Nos. 201418-19), pp. 293-294.

104
Rollo (G.R. Nos. 201418-19), p. 197.

105
Rollo (G.R. Nos. 201398-99), pp. 405-406.

106
 Id. at 407.

107
 Id. at 408.

108
 Id. at 409.
109
 Id. at 386.

110
 Id. at 409-410.

111
 Id. at 410.

112
Rollo (G.R. Nos. 201418-19), p. 189.

113
Rollo (G.R. Nos. 201398-99), p. 411.

114
 Id. at 412.

115
 Id. at 414.

116
Rollo (G.R. Nos. 201418-19), pp. 328-339.

117
 Id. at 803-809.

118
Rollo (G.R. No. 201398-99), p. 416.

119
Rollo (G.R. Nos. 201418-19), pp. 869-899.

120
Rollo (G.R. No. 201398-99), pp. 344-376.

121
 Id. at 372.

122
Rollo (G.R. No. 201418-19), p. 168.

123
 Id. at 194-202.

124
 Id. at 767.

125
 Id. at 770.

126
 Id. at 775.

127
Commissioner of Internal Revenue v. Metro Star Superama, Inc., 652 Phil. 172,
186-187 (2010) [Per J. Mendoza, Second Division].

128
Rollo (G.R. Nos. 201418-19), pp. 30-31.

129
Rollo (G.R. Nos. 201418-19), p. 189.

130
 Id. at 810.

131
 Id. at 168.

132
Ginete v. Court of Appeals, 357 Phil. 36, 56 (1998) [Per J. Romero, Third
Division].

133
 22 Phil. 598 (1912) [Per J. Moreland, First Division].

134
 Id. at 600-601.

135
 69 Phil. 635, 642 (1940) [Per J. Laurel, En Banc].

136
 618 Phil. 706 (2009) [Per J. Brion, En Banc].

137
 Id. at 727.
138
Villa v. Lazaro, 267 Phil. 39 (1990) [Per J. Narvasa, First Division].

139
 Id. at 51.

140
Rollo (G.R. Nos. 201398-99), p. 413.

141
Sevilla v. Cardenas, 529 Phil 419, 433 (2006) [Per J. Chico-Nazario, First
Division].

142
 529 Phil 419 (2006) [Per J. Chico-Nazario, First Division].

143
 441 Phil 445 (2002) [Per J. Panganiban, Third Division].

144
 Id. at 454.

145
 652 Phil. 172 (2010) [Per J. Mendoza, Second Division].

146
 Id. at 184.

147
 516 Phil. 176 (2006) [Per C.J. Panganiban, First Division].

148
 565 Phil. 613 (2007) [Per J. Velasco, Jr., Second Division].

149
 241 Phil. 829 (1988) [Per J. Cruz, First Division].

150
 Id. at 830-836.

151
Rollo (G.R. No. 201398-99), p. 356.

152
Rollo (G.R. No. 201418-19), p. 171.

153
Philippine Journalists, Inc. v. Commissioner of Internal Revenue, 488 Phil 218,
235 (2004) [Per J. Ynares-Santiago, First Division].

154
Rollo (G.R. No. 201398-99), pp. 358-360.

155
 672 Phil. 514 (2011) [Per J. Mendoza, Third Division].

156
Rollo (G.R. No. 201398-99), p. 361.

157
Rizal Commercial Banking Corp. v. Commissioner of Internal Revenue, 672 Phil.
514, 527 (2011) [Per J. Mendoza, Third Division].

158
Rollo (G.R. No. 201398-99), p. 419.

159
 Id. at 422.

160
 634 Phil. 314 (2010) [Per J. Del Castillo, Second Division].

161
 Id. at 329.

162
Rollo (G.R. No. 201398-99), p. 367.

163
 Id. at 428.

164
 Id. at 425.

165
 Id.
166
 Id. at 429.

167
People v. Sandiganbayan, 504 Phil. 407 (2005) [Per J. Panganiban, Third Division]
contains a legislative history of this provision in its footnote no. 9 as follows:

"Sec. 229 was originally found in the NIRC of 1977, which was codified by and made
an integral part of Presidential Decree (PD) No. 1158, otherwise known as 'A Decree
to Consolidate and Codify all the Internal Revenue Laws of the Philippines.'
When the NIRC of 1977 was amended by PD 1705 on August 1, 1980, Sec. 229 was
restated as Sec. 16(d). On January 16, 1981, PD 1773 further amended Sec. 16 by
eliminating paragraph (d) and inserting its contents between Secs. 319 and 320 as a
new Sec. 319-A. PD 1994 then renumbered Sec. 319-A as Sec. 270 on January 1,
1986; and on January 1, 1988, Sec. 270 was again renumbered as Sec. 229 and
rearranged to fall under Chapter 3 of Title VIII of the NIRC by Executive Order (EO)
No. 273, otherwise known as 'Adopting a Value-Added Tax, Amending for this
Purpose Certain Provisions of the National Internal Revenue Code, and for other
purposes.' At present, Sec. 229 has been amended as Sec. 228 by RA 8424,
otherwise known as the 'Tax Reform Act of 1997."'
Section 229 of the Old Tax Code provides:
Sec. 229. Protesting of assessment. - When the Commissioner of Internal Revenue
or his duly authorized representative finds that proper taxes should be assessed, he
shall first notify the taxpayer of his findings. Within a period to be prescribed by
implementing regulations, the taxpayer shall be required to respond to said notice.
If the taxpayer fails to respond, the Commissioner shall issue an assessment based
on his findings.
Such assessment may be protested administratively by filing a request for
reconsideration or reinvestigation in such form and manner as may be prescribed by
implementing regulation within thirty (30) days from receipt of the assessment;
otherwise, the assessment shall become final and unappealable.
If the protest is denied in whole or in part, the individual, association or corporation
adversely affected by the decision on the protest may appeal to the Court of Tax
Appeals within thirty (30) days from receipt of the said decision; otherwise, the
decision shall become final, executory and demandable.

168
 Pres. Decree No. 1158 (1977), as amended by Executive Order No. 273.

169
 For instance, in Commissioner of Internal Revenue v. Isabela Cultural Corporation
(ICC), 413 Phil. 376 (2001) [Per J. Panganiban, Third Division], Isabela Cultural
Corporation received an assessment letter dated February 9, 1990 stating that it had
deficiency income taxes due; and it subsequently filed its motion for reconsideration
on March 23, 1990. In support of its request for reconsideration, it sent to the
Bureau of Internal Revenue additional documents on April 18, 1990. The next
communication that Isabela Cultural Corporation received was already the Final
Notice Before Seizure dated November 10, 1994, or more than four (4) years later.
Isabela Cultural Corporation filed a petition for review with the Court of Tax Appeals
alleging that the Final Notice of Seizure was the Commissioner's final decision. The
Court of Tax Appeals dismissed the petition. On appeal, this Court ruled that a final
demand from the Commissioner reiterating the immediate payment of a tax
deficiency previously made is tantamount to a denial of the protest. Such letter
amounts to a final decision on a disputed assessment and is thus appealable to the
Court of Tax Appeals.

In Commissioner of Internal Revenue v. Union Shipping Corp., 264 Phil 132 (1990)
[Per J. Paras, Second Division], Union Shipping Corporation (Union Shipping) was
assessed deficiency income taxes in a letter dated December 27, 1974. On January
10, 1975, Union Shipping protested the assessment. Without ruling on the protest,
the Commissioner served a Warrant of Distraint and Levy on November 25, 1976.
Union Shipping reiterated its request for reinvestigation of the assessment and for
reconsideration of the Warrant. Without again acting on this request, the
Commissioner filed a collection suit before the Court of First Instance of Manila.
Summons was received by Union Shipping on December 28, 1978. On January 10,
1979, Union Shipping filed a petition for review with the Court of Tax Appeals. The
Commissioner raised prescription, contending that the petition was filed beyond 30
days from receipt of the Warrant on November 25, 1976. Ruling in favor of Union
Shipping, this Court observed that since the Commissioner did not rule on Union
Shipping's motion for reconsideration, the latter was left in the dark as to which
action of the Commissioner was the decision appealable to the Court of Tax Appeals.
"Had [the Commissioner] categorically stated that he denies [Union Shipping's]
motion for reconsideration and that his action constitutes his final determination on
the disputed assessment, [it] without needless difficulty would have been able to
determine when his right to appeal accrues and the resulting confusion would have
been avoided."

170
 550 Phil 316 (2007) (Resolution) [Per J. Ynares-Santiago, Third Division].

171
 Id. at 324-325.

172
 Id. at 325.

173
 683 Phil 430 (2012) [Per J. Peralta, Third Division].

174
 Id. at 440-441.

175
 Id. at 441.

176
 CONST., art. VIII, sec. 5(5).

177
 418 Phil176 (2001) (Per C.J. Davide, Jr., First Division].

178
 Id. at 205.

179
 772 Phil. 672 (2015) [Per J. Perlas-Bernabe, En Banc].

180
 Id. at 732-733.

181
See Oceanic Wireless Network Inc. v. Commissioner of Internal Revenue, 513 Phil
317 (2005) [Per J. Azcuna, First Division] where this Court ruled that a demand
letter may be considered the final decision on a disputed assessment, if the
language used or the tenor of it shows a character of finality, which is tantamount to
a rejection of the request for reconsideration.

Also in Commissioner of Internal Revenue v. Isabela Cultural Corporation, 413 Phil.

376 (2001) [Per J. Panganiban, Third Division], this Court considered the "Final
Notice Before Seizure" as the Bureau of Internal Revenue's final decision on a
disputed assessment, and thus, appealable to the Court of Tax Appeals.

182
Rollo (G.R. No. 201418-19), p. 189.

183
 Id. at 810.

184
 488 Phil. 218 (2004) [Per J. Ynares-Santiago, First Division].

185
Ruivivar v. Office of the Ombudsman, 587 Phil. 100, 113 (2008) [Per J. Brion,
Second Division].

186
See Aguinaldo Industries Corp. v. Commissioner of Internal Revenue, 197 Phil.
822 (1982) [Per J. Plana, First Division].

187
 334 Phil 146 (1997) [Per J. Torres, Jr., Second Division].

188
 Id. at 152-153.
189
Lascona Land Co., Inc. v. Commissioner of Internal Revenue, 683 Phil 430, 441-
442 (2012) [Per J. Peralta, Third Division].

190
Advertising Associates, Inc. v. Court of Appeals, 218 Phil. 730, 730-736 (1984)
[Per J. Aquino, Second Division] citing Surigao Electric Co., Inc. vs. Court of Tax
Appeals, L-25289, 156 Phil. 517 (1974) [Per J. Castro, First Division].