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Key Takeaways from the New Procurement Act (Part II)

To promote greater transparency, accountability, operational efficiency, and value for money, the Philippine Government Electronic Procurement System (PhilGEPS) shall be the single electronic portal that shall serve as the primary source of information and channel in the conduct of all procurement activities of the government.

The Supreme Court decides: A violation of Procurement Laws by public officers will not automatically result in a conviction under Republic Act No. 3019, also known as the Anti-Graft and Corrupt Practices Act.

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Promissory Estoppel in relation to Retirement Benefits (Riingen vs. Financial vs. Western Union Financial Services, G.R. No. 252716, March 23, 2021)

Promissory estoppel may arise from the making of a promise, even though without consideration, if it was intended that the promise should be relied upon, as in fact it was relied upon, and if a refusal to enforce it would virtually sanction the perpetration of fraud or would result in other injustice. Promissory estoppel presupposes the existence of a promise on the part of one against whom estoppel is claimed. The promise must be plain and unambiguous and sufficiently specific so that the court can understand the obligation assumed and enforce the promise according to its terms.

Key Takeaways in Revenue Regulation No. 5 series of 2024

Pursuant to the provisions of Sections 244 and 245 of the National Internal Revenue Code of 1997, as amended (Tax Code), in relation to Section 47 of R.A. No. 11976, otherwise known as the “Ease of Paying Taxes (EOPT) Act”, these Regulations are hereby promulgated to implement Section 112 (C) of the Tax Code on the risk-based approach in verifying VAT refund claims, Section 112 (D) of the Tax Code on the liabilities in case of disallowance by the Commission on Audit (COA), Section 76 (C) of the Tax Code on the refund of unutilized excess income tax credit in case of dissolution or cessation of business, Section 204 (C) of the Tax Code on the processing of tax refund, and Section 229 of the Tax Code on the policies for judicial claims.

The Supreme Court decides: The power of the courts to commit prisoners carries with it the duty to immediately release them in case of detention for a period equivalent or longer than the maximum imposable penalty.

In this case, the records show that Jovelyn had served her sentence from November 24, 2011 up to the time this case was decided by the Supreme Court in 2023. In total, Jovelyn had been in prison for almost twelve (12) years – which is more than her maximum imposable penalty of ten (10) years and eight (8) months.

Filing and Return of Payment of Donor’s Tax

Under the National Internal Revenue Code (NIRC) of the Philippines, any person – natural or juridical, and resident or non-resident – who transfers or causes to transfer property by gift must pay the donor’s tax. The donor’s tax is paid upon filing of the Donor’s Tafx Return, which must be made within 30 days after the date when the gift was made or completed.