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BDO et al. vs. Republic of the Philippines

BANCO DE ORO, BANK OF COMMERCE, CHINA BANKING CORPORATION, METROPOLITAN BANK & TRUST COMPANY, PHILIPPINE BANK OF COMMUNICATIONS, PHILIPPINE NATIONAL BANK, PHILIPPINE VETERANS BANK AND PLANTERS DEVELOPMENT BANK, PETITIONERS, RIZAL COMMERCIAL BANKING CORPORATION AND RCBC CAPITAL CORPORATION, PETITIONERS-INTERVENORS, CAUCUS OF DEVELOPMENT NGO NETWORKS, PETITIONER-INTERVENOR, VS. REPUBLIC OF THE PHILIPPINES, THE COMMISSIONER OF INTERNAL REVENUE, BUREAU OF INTERNAL REVENUE, SECRETARY OF FINANCE, DEPARTMENT OF FINANCE, THE NATIONAL TREASURER AND BUREAU OF TREASURY, RESPONDENTS.

G.R. No. 198756 | 2015-01-13

EN BANC
 
D E C I S I O N

LEONEN, J.:

The case involves the proper tax treatment of the discount or interest income arising from the P35 billion worth of 10-year zero-coupon treasury bonds issued by the Bureau of Treasury on October 18, 2001 (denominated as the Poverty Eradication and Alleviation Certificates or the PEACe Bonds by the Caucus of Development NGO Networks).
 
On October 7, 2011, the Commissioner of Internal Revenue issued BIR Ruling No. 370-20111 (2011 BIR Ruling), declaring that the PEACe Bonds being deposit substitutes are subject to the 20% final withholding tax.  Pursuant to this ruling, the Secretary of...