2015 Taxation Law, Q1

Explain the principles of a sound tax system. (3%)

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What does the principle of fiscal adequacy require of a sound tax system?

Under the principle of theoretical justice, how should the tax burden be distributed?

What requirement does administrative feasibility impose on tax statutory provisions?

Does a statutory violation of the principles of a sound tax system invalidate a tax statute?

Which constitutional provision directs the Philippine Congress to evolve a progressive system of taxation?

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1. Fiscal Adequacy Principle
Fiscal adequacy requires that revenue sources of the government must be sufficient to meet public expenditures and public needs. A sound tax system should generate adequate funds to finance state operations, public infrastructure, and essential social services. When revenues fall short of government requirements, public services suffer or the state is forced to incur public debt. However, a tax law that fails to produce adequate revenue does not automatically render the tax statute unconstitutional, as fiscal adequacy is a principle of sound taxation rather than a constitutional limitation on the exercise of the taxing power.

2. Theoretical Justice Equality
Theoretical justice or equality mandates that the tax burden must be distributed in proportion to the taxpayer's ability to pay. Under Section 28(1), Article VI of the 1987 Philippine Constitution, the rule of taxation shall be uniform and equitable, and Congress shall evolve a progressive system of taxation. Taxation is equitable when it takes into account the taxpayer's financial capacity, imposing higher tax rates on higher incomes. A tax system that is regressive or excessively burdensome violates theoretical justice, although failure to strictly adhere to theoretical justice alone does not necessarily invalidate a tax statute.

3. Administrative Feasibility Rule
Administrative feasibility demands that tax laws must be clear, convenient, sensible, and capable of effective and efficient enforcement by revenue authorities. Tax laws should not be overly cumbersome or confusing for taxpayers to comply with, nor should they impose excessive collection costs on the government. Clear reporting mechanisms, simplified filing procedures, and reasonable compliance deadlines enhance tax administration. While administrative feasibility ensures smooth revenue collection, minor administrative defects or inconveniences in statutory implementation do not invalidate an otherwise valid tax law enacted by the legislature.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026