consuming areas, and processed or manufactured goods (such as cooking oil) and
condiments (such as vinegar, soy sauce, fish sauce, etc.) used for cooking are not VATexempt. Unless people are to eat rice, corn, fish, livestock and poultry in their originalor raw
state, the VAT exemptions may not be sufficient to satisfy the requirement of "essential
foodstuffs required to be free from hunger."
Or take the right to adequate housing. Only rentals below PhP 10,000 a month and the sale of
real property for low-cost or socialized housing are VAT-free; construction and other materials
to maintain, repair or build houses are not exempt from VAT. The VAT exemptions may not be
sufficient to satisfy the "basic shelter" requirement.
Health
Minimum Essential Levels of Human Rights vis-A-vis Value Added Ta:< Exemptions
Minimum Essential Level VATExemptions
Essential foodstuffs o Sale or importation of agricultural and marine food products in their
required to be free from
original state, livestock and poultry generally used as or yielding or
hunger
producing food for human consumption
o Fertilizers, seeds, seedlings, fingerlings, fish, prawn, livestock and
poultry feeds, including ingredients, whether locally produced or
imported, used in the manufacture of finished feeds
. Services rendered by agricultural contract growers and milling for
others of palay into rice, corn into grits and sugar cane into raw sugar
Educational services rendered by private educational institutions
Most basic forms of
education
Medical, dental, hospital and veterinary services except those rendered by
Essential primary health
Housing
care
Basic shelter
Food
Education
professionals
. Lease of a residential unit with a monthly rental not exceeding P10,000
o Sale of real property utilized lor low-cost and socialized housing
Finally, taxation should promote shared control over the country's financial resources. lt can do
and
accountability.
so by fully incorporating the human rights principles of participation, transparency
"A human rights-based taxation framework must make provision for mechanisms enabling both
proactive and reactive participation by the public, before, during, and after the design and
implementation of fiscal law and policy." (Bagenda,2011) This would require, among others,
congressional hearings where people can actually participate in the public discourse.
For participation to be meaningful and timely, mechanisms that ensure access to full and timely
information on the design and implementation of tax law and policy are necessary. "As an
illustration, a tax code with tax rates and exemptions that are not based on rational, objective
and well-explained criteria violates the principle of transparency and is unlikely to command
legitimacy." (Bagenda, 2011)
Accountability mechanisms must be built-in alltax measures; these mechanisms should enable
"any aggrieved party or member of the public to articulate their concerns regarding tax law and
policy or its implementation in a manner that bears upon policymaking. Such accountability
mechanisms must be both 'proactive'/preventative (enabling interested parties to being
policymakers to account at the point of design) and 'reactive'/restitutionary (enabling justice
after implementation, particularly through (quasi-) judicial means)." (Bagenda, 2011)
63