AS a general principle, our laws are prospective and forward-looking in nature. As expressed in Article 4 of the Civil Code of the Philippines, laws shall have no retroactive effect unless the contrary is provided. In other words, the law shall apply only to cases that arise upon its effectivity, except when otherwise provided.
Relative to this rule, the decisions of the Supreme Court, made in the exercise of its power to interpret the law, retroact to the date the law was enacted. As explained in the case of San Miguel Corporation v. Commissioner of Internal Revenue , citing the 1996 case of Columbia Pictures, Inc. v. Court of Appeals , these judicial decisions simply reflect the legislative intent behind the law.
Later, the CIR revoked the said BIR Ruling through Revenue Memorandum Circular 20-2010, holding the taxpayer liable for deficiency taxes. Since to retroactively apply the revocation of the BIR Ruling would prejudice the interest of the taxpayer and thus violate the rule on non-retroactivity of rulings, the CTA En Banc ruled that BIR Ruling DA-245-05 should remain in effect.
Principle Of Non-Retroactivity Of Tax Rulings
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