DOJ Opinion No. 118, s. 1994

DOJ OPINION NO. 118 , s. 1994 August 8, 1994 Mr. Wilfredo F. Hernandez EVP General Manager Home Insurance and Guaranty Corporation 349 Sen. Gil J. Puyat Avenue Makati, Metro Manila Sir : This has reference to your request for opinion as to whether or not the Home Insurance and Guaranty and Guaranty Corporation (HIGC) and/or the National Government Center Housing Committee (NGCHC), in implementing the National Government Center Housing Project (NGCHP), are exempt from payment of all fees and charges of any kind, whether local or national, and from payment documentary stamp tax and registration fees on all documents or contracts executed by in favor or HIGC/NGCHP, under R.A. No. 7279 as implemented by Revenue Regulation No. 9-93. We regret, this Office has to decline rendition of opinion on the matter. We note that the resolution of your query involves the interpretation and/or clarification of the provisions of Revenue Regulation No. 9-93 of the Bureau of Internal Revenue which was issued to implement R.A. No. 7279 concerning the availment of the tax incentives by government owned and controlled corporations, local government units and private sector participating in socialized housing and Community Mortgage Program. By settled practice and precedents, this Office has consistently refrained from expressing its views on matters involving the issuances of other agencies, since such matters are best left to the determination of the promulgating administrative agency by reason of its familiarity with the intent and purposes of the issuance and the extent of the application thereof. (Secretary of Justice, Op. No. 74, s. 1989). Moreover, we wish to remind that the HIGC is a government corporation created under R.A. No. 580, as amended, and under existing laws, resolution of its legal problems is the primary responsibility of the Office of the Government Corporate Counsel, which by law, is the "principal law office of all government-owned or controlled corporations" (Sec. 1. P.D. No. 1415; Sec. 10, Chap. 3. Title III of E.O. No. 292 and Sec. 1, R.A. No. 2327, as amended). Is suggested that the instant query to be addressed to the Commissioner on Internal Revenue. Very truly yours, (SGD.) RAMON J. LIWAG Acting Secretary