Coconut Oil Refiners vs Torres GR 132527 29 July 2005

Random Musings of A Wandering Jaguar

Facts: This is a Petition to enjoin and prohibit the public respondent Ruben Torres in his capacity as Executive Secretary from allowing other private respondents to continue with the operation of tax and duty-free shops located at the Subic Special Economic Zone (SSEZ) and the Clark Special Economic Zone (CSEZ). The petitioner seeks to declare Republic Act No. 7227 as unconstitutional on the ground that it allowed only tax-free (and duty-free) importation of raw materials, capital and equipment. It reads:

The Subic Special Economic Zone shall be operated and managed as a separate customs territory ensuring free flow or movement of goods and capital within, into and exported out of the Subic Special Economic Zone, as well as provide incentives such as tax and duty-free importations of raw materials, capital and equipment. However, exportation or removal of goods from the territory of the Subic Special Economic Zone to the other…

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