DOJ: President can grant tax breaks to investors

The President of the Philippines can legally grant tax benefits, power discounts, and other incentives to investors for national economic development, according to the Department of Justice.

Justice Secretary Jesus Crispin Remulla clarified in a legal opinion that these incentives for preferred private entities do not violate the Constitution's equal protection clause.

Remulla explained that the equal protection clause does not mandate absolute equality but requires equal treatment for all individuals in similar circumstances.

He further stated that laws granting privileges or incentives to a specific class are permissible if they apply uniformly to all within that class and if reasonable grounds exist for the distinction.

This legal opinion was prompted by a request from Finance Secretary and Fiscal Incentives Review Board Chairperson Ralph Recto regarding the President's authority under the National Internal Revenue Code.

The inquiry specifically concerned the President's power to provide budgetary support to private entities involved in highly desirable projects.

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