Circularization of the En Banc Resolution of the Supreme Court Dated August 23, 2011 Denying with Finality the Motion for Reconsideration on G.R. No. 193007 (Petition for Declaratory Relief on Constitutionality of Imposition of VAT on Toll Fees with the Prayer for a Protective Cover for Road Users and Consumers, Renato V. Diaz and Aurora Ma. F. Timbol vs. The Secretary of Finance, et al.)

November 4, 2011 REVENUE MEMORANDUM CIRCULAR NO. 054-11 SUBJECT : Circularization of the En Banc Resolution of the Supreme Court Dated August 23, 2011 Denying with Finality the Motion for Reconsideration on G.R. No. 193007 (Petition for Declaratory Relief on Constitutionality of Imposition of VAT on Toll Fees with the Prayer for a Protective Cover for Road Users and Consumers, Renato V. Diaz and Aurora Ma. F. Timbol vs. The Secretary of Finance, et al.) TO : All Internal Revenue Officials and Employees Concerned For the information and guidance of all internal revenue officials and employees concerned, quoted hereunder is the En Banc Resolution of the Supreme Court in the Motion for Reconsideration on G.R. No. 193007 dated August 23, 2011, upholding the validity of the imposition of VAT on Toll Fees: " G.R. No. 193007 (Petition for Declaratory Relief on Constitutionality of Imposition of VAT on Toll Fees with the Prayer for a Protective Cover for Road Users and Consumers, Renato V. Diaz and Aurora Ma. F. Timbol vs. The Secretary of Finance, et al. ). Acting on the Motion for Reconsideration (of the Decision dated July 19, 2011) dated August 1, 2011 filed by counsel for petitioners, the Court Resolved to DENY WITH FINALITY the said motion for reconsideration, as the basic issues raised therein have been passed upon by this Court and no substantial arguments were presented to warrant the reversal of the questioned Decision." All revenue officials and employees are enjoined to give this Circular as wide publicity as possible. HTCIcE (SGD.) KIM S. JACINTO-HENARES Commissioner of Internal Revenue ATTACHMENT Republic of the Philippines Supreme Court Manila EN BANC NOTICE Sirs/Mesdames : Please take notice that the Court en banc issued a Resolution dated August 23, 2011, which reads as follows: "G.R. No. 193007 (Petition for Declaratory Relief on Constitutionality of Imposition of VAT on Toll Fees with the Prayer for a Protective Cover for Road Users and Consumers, Renato V. Diaz and Aurora Ma. F. Timbol vs. The Secretary of Finance, et al.) . Acting on the Motion for Reconsideration (of the Decision dated July 19, 2011) dated August 1, 2011 filed by counsel for petitioners, the Court Resolved to DENY WITH FINALITY the said motion for reconsideration, as the basic issues raised therein have been passed upon by this Court and no substantial arguments were presented to warrant the reversal of the questioned Decision." Sereno, J., on leave. (56) Very truly yours, (SGD.) ENRIQUETA E. VIDAL Clerk of Court