The DOE elevated the issued before the CTA as a full court. But its appeal was also dismissed on Nov. 4, 2021 prompting it to file a motion for reconsideration which was denied on May 24, 2022.
The Supreme Court has ruled that “all disputes, claims, and controversies, solely between or among executive agencies, including disputes on tax assessments, must perforce be submitted to administrative settlement by the Secretary of Justice or the Solicitor General, as the case may be.”
On Sept. 19, 2019, the Commissioner of Internal Revenue issued warrants against the DOE. When nothing came out of the talks between the two government agencies, the DOE filed a petition before the CTA. The SC ruled: “WHEREFORE, the Petition is DENIED. The Decision, dated 4 November 2021, and the Resolution, dated 24 May 2022, of the Court of Tax Appeals en bane in CTA EB No. 2241 are AFFIRMED. SO ORDERED.”“The President, under the Constitution, enjoys the power of control over the entire Executive Department.
“The Secretary of Finance, in tum, is subject to the control of the President, along with all other executive departments, bureaus, and offices, through which he is expected to faithfully execute all laws. “It must be clarified that the administrative settlement procedure, as it applies to tax disputes between the BIR and other executive agencies, is not meant to supplant or override the power of Congress to tax.
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