G.R. No.

155650 July 20, 2006 TAX DECLARATION TAXABLE YEAR TAX DUE PENALTY
E-016-01370 1992-2001 19,558,160.00 11,201,083.20
MANILA INTERNATIONAL AIRPORT AUTHORITY, petitioner,
vs. E-016-01374 1992-2001 111,689,424.90 68,149,479.59
COURT OF APPEALS, CITY OF PARAÑAQUE, CITY MAYOR OF PARAÑAQUE, E-016-01375 1992-2001 20,276,058.00 12,371,832.00
SANGGUNIANG PANGLUNGSOD NG PARAÑAQUE, CITY ASSESSOR OF PARAÑAQUE,
and CITY TREASURER OF PARAÑAQUE, respondents. E-016-01376 1992-2001 58,144,028.00 35,477,712.00
E-016-01377 1992-2001 18,134,614.65 11,065,188.59
DECISION E-016-01378 1992-2001 111,107,950.40 67,794,681.59

CARPIO, J.: E-016-01379 1992-2001 4,322,340.00 2,637,360.00

E-016-01380 1992-2001 7,776,436.00 4,744,944.00
The Antecedents *E-016-013-85 1998-2001 6,444,810.00 2,900,164.50

Petitioner Manila International Airport Authority (MIAA) operates the Ninoy *E-016-01387 1998-2001 34,876,800.00 5,694,560.00
Aquino International Airport (NAIA) Complex in Parañaque City under Executive *E-016-01396 1998-2001 75,240.00 33,858.00
Order No. 903, otherwise known as the Revised Charter of the Manila
GRAND TOTAL P392,435,861.95 P232,070,863.47
International Airport Authority ("MIAA Charter"). Executive Order No. 903 was
issued on 21 July 1983 by then President Ferdinand E. Marcos. Subsequently,
Executive Order Nos. 9091 and 2982 amended the MIAA Charter. 1992-1997 RPT was paid on Dec. 24, 1997 as per O.R.#9476102 for
P4,207,028.75
As operator of the international airport, MIAA administers the land,
improvements and equipment within the NAIA Complex. The MIAA Charter #9476101 for P28,676,480.00
transferred to MIAA approximately 600 hectares of land,3 including the runways
and buildings ("Airport Lands and Buildings") then under the Bureau of Air #9476103 for P49,115.006
Transportation.4 The MIAA Charter further provides that no portion of the land
transferred to MIAA shall be disposed of through sale or any other mode unless On 17 July 2001, the City of Parañaque, through its City Treasurer, issued notices
specifically approved by the President of the Philippines.5 of levy and warrants of levy on the Airport Lands and Buildings. The Mayor of the
City of Parañaque threatened to sell at public auction the Airport Lands and
On 21 March 1997, the Office of the Government Corporate Counsel (OGCC) Buildings should MIAA fail to pay the real estate tax delinquency. MIAA thus
issued Opinion No. 061. The OGCC opined that the Local Government Code of sought a clarification of OGCC Opinion No. 061.
1991 withdrew the exemption from real estate tax granted to MIAA under
Section 21 of the MIAA Charter. Thus, MIAA negotiated with respondent City of On 9 August 2001, the OGCC issued Opinion No. 147 clarifying OGCC Opinion No.
Parañaque to pay the real estate tax imposed by the City. MIAA then paid some 061. The OGCC pointed out that Section 206 of the Local Government Code
of the real estate tax already due. requires persons exempt from real estate tax to show proof of exemption. The
OGCC opined that Section 21 of the MIAA Charter is the proof that MIAA is
On 28 June 2001, MIAA received Final Notices of Real Estate Tax Delinquency exempt from real estate tax.
from the City of Parañaque for the taxable years 1992 to 2001. MIAA's real
estate tax delinquency is broken down as follows: On 1 October 2001, MIAA filed with the Court of Appeals an original petition for
prohibition and injunction, with prayer for preliminary injunction or temporary
restraining order. The petition sought to restrain the City of Parañaque from
imposing real estate tax on, levying against, and auctioning for public sale the MIAA admits that the MIAA Charter has placed the title to the Airport Lands and
Airport Lands and Buildings. The petition was docketed as CA-G.R. SP No. 66878. Buildings in the name of MIAA. However, MIAA points out that it cannot claim
ownership over these properties since the real owner of the Airport Lands and
On 5 October 2001, the Court of Appeals dismissed the petition because MIAA Buildings is the Republic of the Philippines. The MIAA Charter mandates MIAA to
filed it beyond the 60-day reglementary period. The Court of Appeals also denied devote the Airport Lands and Buildings for the benefit of the general public.
on 27 September 2002 MIAA's motion for reconsideration and supplemental Since the Airport Lands and Buildings are devoted to public use and public
motion for reconsideration. Hence, MIAA filed on 5 December 2002 the present service, the ownership of these properties remains with the State. The Airport
petition for review.7 Lands and Buildings are thus inalienable and are not subject to real estate tax by
local governments.
Meanwhile, in January 2003, the City of Parañaque posted notices of auction
sale at the Barangay Halls of Barangays Vitalez, Sto. Niño, and Tambo, Parañaque MIAA also points out that Section 21 of the MIAA Charter specifically exempts
City; in the public market of Barangay La Huerta; and in the main lobby of the MIAA from the payment of real estate tax. MIAA insists that it is also exempt
Parañaque City Hall. The City of Parañaque published the notices in the 3 and 10 from real estate tax under Section 234 of the Local Government Code because
January 2003 issues of the Philippine Daily Inquirer, a newspaper of general the Airport Lands and Buildings are owned by the Republic. To justify the
circulation in the Philippines. The notices announced the public auction sale of exemption, MIAA invokes the principle that the government cannot tax itself.
the Airport Lands and Buildings to the highest bidder on 7 February 2003, 10:00 MIAA points out that the reason for tax exemption of public property is that its
a.m., at the Legislative Session Hall Building of Parañaque City. taxation would not inure to any public advantage, since in such a case the tax
debtor is also the tax creditor.
A day before the public auction, or on 6 February 2003, at 5:10 p.m., MIAA filed
before this Court an Urgent Ex-Parte and Reiteratory Motion for the Issuance of Respondents invoke Section 193 of the Local Government Code, which expressly
a Temporary Restraining Order. The motion sought to restrain respondents — withdrew the tax exemption privileges of "government-owned and-controlled
the City of Parañaque, City Mayor of Parañaque, Sangguniang Panglungsod ng corporations" upon the effectivity of the Local Government Code. Respondents
Parañaque, City Treasurer of Parañaque, and the City Assessor of Parañaque also argue that a basic rule of statutory construction is that the express mention
("respondents") — from auctioning the Airport Lands and Buildings. of one person, thing, or act excludes all others. An international airport is not
among the exceptions mentioned in Section 193 of the Local Government Code.
On 7 February 2003, this Court issued a temporary restraining order (TRO) Thus, respondents assert that MIAA cannot claim that the Airport Lands and
effective immediately. The Court ordered respondents to cease and desist from Buildings are exempt from real estate tax.
selling at public auction the Airport Lands and Buildings. Respondents received
the TRO on the same day that the Court issued it. However, respondents Respondents also cite the ruling of this Court in Mactan International Airport v.
received the TRO only at 1:25 p.m. or three hours after the conclusion of the Marcos8 where we held that the Local Government Code has withdrawn the
public auction. exemption from real estate tax granted to international airports. Respondents
further argue that since MIAA has already paid some of the real estate tax
On 10 February 2003, this Court issued a Resolution confirming nunc pro assessments, it is now estopped from claiming that the Airport Lands and
tunc the TRO. Buildings are exempt from real estate tax.

On 29 March 2005, the Court heard the parties in oral arguments. In compliance The Issue
with the directive issued during the hearing, MIAA, respondent City of
Parañaque, and the Solicitor General subsequently submitted their respective This petition raises the threshold issue of whether the Airport Lands and
Memoranda. Buildings of MIAA are exempt from real estate tax under existing laws. If so
exempt, then the real estate tax assessments issued by the City of Parañaque,
and all proceedings taken pursuant to such assessments, are void. In such event, corporation. MIAA is not a stock corporation because it has no capital stock
the other issues raised in this petition become moot. divided into shares. MIAA has no stockholders or voting shares. Section 10 of the
MIAA Charter9 provides:
The Court's Ruling
SECTION 10. Capital. — The capital of the Authority to be contributed by
We rule that MIAA's Airport Lands and Buildings are exempt from real estate tax the National Government shall be increased from Two and One-half
imposed by local governments. Billion (P2,500,000,000.00) Pesos to Ten Billion (P10,000,000,000.00)
Pesos to consist of:
First, MIAA is not a government-owned or controlled corporation but
an instrumentality of the National Government and thus exempt from local (a) The value of fixed assets including airport facilities, runways and
taxation. Second, the real properties of MIAA are owned by the Republic of the equipment and such other properties, movable and immovable[,] which
Philippines and thus exempt from real estate tax. may be contributed by the National Government or transferred by it
from any of its agencies, the valuation of which shall be determined
1. MIAA is Not a Government-Owned or Controlled Corporation jointly with the Department of Budget and Management and the
Commission on Audit on the date of such contribution or transfer after
Respondents argue that MIAA, being a government-owned or controlled making due allowances for depreciation and other deductions taking
corporation, is not exempt from real estate tax. Respondents claim that the into account the loans and other liabilities of the Authority at the time
deletion of the phrase "any government-owned or controlled so exempt by its of the takeover of the assets and other properties;
charter" in Section 234(e) of the Local Government Code withdrew the real
estate tax exemption of government-owned or controlled corporations. The (b) That the amount of P605 million as of December 31, 1986
deleted phrase appeared in Section 40(a) of the 1974 Real Property Tax Code representing about seventy percentum (70%) of the unremitted share of
enumerating the entities exempt from real estate tax. the National Government from 1983 to 1986 to be remitted to the
National Treasury as provided for in Section 11 of E. O. No. 903 as
There is no dispute that a government-owned or controlled corporation is not amended, shall be converted into the equity of the National
exempt from real estate tax. However, MIAA is not a government-owned or Government in the Authority. Thereafter, the Government contribution
controlled corporation. Section 2(13) of the Introductory Provisions of the to the capital of the Authority shall be provided in the General
Administrative Code of 1987 defines a government-owned or controlled Appropriations Act.
corporation as follows:
Clearly, under its Charter, MIAA does not have capital stock that is divided into
SEC. 2. General Terms Defined. – x x x x shares.

(13) Government-owned or controlled corporation refers to any Section 3 of the Corporation Code10 defines a stock corporation as one whose
agency organized as a stock or non-stock corporation, vested with "capital stock is divided into shares and x x x authorized to distribute to the
functions relating to public needs whether governmental or proprietary holders of such shares dividends x x x." MIAA has capital but it is not divided into
in nature, and owned by the Government directly or through its shares of stock. MIAA has no stockholders or voting shares. Hence, MIAA is not a
instrumentalities either wholly, or, where applicable as in the case of stock corporation.
stock corporations, to the extent of at least fifty-one (51) percent of its
capital stock: x x x. (Emphasis supplied) MIAA is also not a non-stock corporation because it has no members. Section 87
of the Corporation Code defines a non-stock corporation as "one where no part
A government-owned or controlled corporation must be "organized as a stock or of its income is distributable as dividends to its members, trustees or officers." A
non-stock corporation." MIAA is not organized as a stock or non-stock non-stock corporation must have members. Even if we assume that the
Government is considered as the sole member of MIAA, this will not make MIAA Likewise, when the law makes a government instrumentality operationally
a non-stock corporation. Non-stock corporations cannot distribute any part of autonomous, the instrumentality remains part of the National Government
their income to their members. Section 11 of the MIAA Charter mandates MIAA machinery although not integrated with the department framework. The MIAA
to remit 20% of its annual gross operating income to the National Charter expressly states that transforming MIAA into a "separate and
Treasury.11 This prevents MIAA from qualifying as a non-stock corporation. autonomous body"16 will make its operation more "financially viable."17

Section 88 of the Corporation Code provides that non-stock corporations are Many government instrumentalities are vested with corporate powers but they
"organized for charitable, religious, educational, professional, cultural, do not become stock or non-stock corporations, which is a necessary condition
recreational, fraternal, literary, scientific, social, civil service, or similar purposes, before an agency or instrumentality is deemed a government-owned or
like trade, industry, agriculture and like chambers." MIAA is not organized for any controlled corporation. Examples are the Mactan International Airport Authority,
of these purposes. MIAA, a public utility, is organized to operate an international the Philippine Ports Authority, the University of the Philippines and Bangko
and domestic airport for public use. Sentral ng Pilipinas. All these government instrumentalities exercise corporate
powers but they are not organized as stock or non-stock corporations as
Since MIAA is neither a stock nor a non-stock corporation, MIAA does not qualify required by Section 2(13) of the Introductory Provisions of the Administrative
as a government-owned or controlled corporation. What then is the legal status Code. These government instrumentalities are sometimes loosely called
of MIAA within the National Government? government corporate entities. However, they are not government-owned or
controlled corporations in the strict sense as understood under the
MIAA is a government instrumentality vested with corporate powers to perform Administrative Code, which is the governing law defining the legal relationship
efficiently its governmental functions. MIAA is like any other government and status of government entities.
instrumentality, the only difference is that MIAA is vested with corporate
powers. Section 2(10) of the Introductory Provisions of the Administrative Code A government instrumentality like MIAA falls under Section 133(o) of the Local
defines a government "instrumentality" as follows: Government Code, which states:

SEC. 2. General Terms Defined. –– x x x x SEC. 133. Common Limitations on the Taxing Powers of Local
Government Units. – Unless otherwise provided herein, the exercise of
(10) Instrumentality refers to any agency of the National Government, the taxing powers of provinces, cities, municipalities, and barangays shall
not integrated within the department framework, vested with special not extend to the levy of the following:
functions or jurisdiction by law, endowed with some if not all corporate
powers, administering special funds, and enjoying operational xxxx
autonomy, usually through a charter. x x x (Emphasis supplied)
(o) Taxes, fees or charges of any kind on the National Government, its
When the law vests in a government instrumentality corporate powers, the agencies and instrumentalitiesand local government units.(Emphasis and
instrumentality does not become a corporation. Unless the government underscoring supplied)
instrumentality is organized as a stock or non-stock corporation, it remains a
government instrumentality exercising not only governmental but also corporate Section 133(o) recognizes the basic principle that local governments cannot tax
powers. Thus, MIAA exercises the governmental powers of eminent the national government, which historically merely delegated to local
domain,12 police authority13 and the levying of fees and charges.14 At the same governments the power to tax. While the 1987 Constitution now includes
time, MIAA exercises "all the powers of a corporation under the Corporation taxation as one of the powers of local governments, local governments may only
Law, insofar as these powers are not inconsistent with the provisions of this exercise such power "subject to such guidelines and limitations as the Congress
Executive Order."15 may provide."18
When local governments invoke the power to tax on national government constitutional laws enacted by Congress to carry into execution
instrumentalities, such power is construed strictly against local governments. the powers vested in the federal government. (MC Culloch v.
The rule is that a tax is never presumed and there must be clear language in the Maryland, 4 Wheat 316, 4 L Ed. 579)
law imposing the tax. Any doubt whether a person, article or activity is taxable is
resolved against taxation. This rule applies with greater force when local This doctrine emanates from the "supremacy" of the National
governments seek to tax national government instrumentalities. Government over local governments.

Another rule is that a tax exemption is strictly construed against the taxpayer "Justice Holmes, speaking for the Supreme Court, made
claiming the exemption. However, when Congress grants an exemption to a reference to the entire absence of power on the part of the
national government instrumentality from local taxation, such exemption is States to touch, in that way (taxation) at least, the
construed liberally in favor of the national government instrumentality. As this instrumentalities of the United States (Johnson v. Maryland,
Court declared in Maceda v. Macaraig, Jr.: 254 US 51) and it can be agreed that no state or political
subdivision can regulate a federal instrumentality in such a way
The reason for the rule does not apply in the case of exemptions as to prevent it from consummating its federal responsibilities,
running to the benefit of the government itself or its agencies. In such or even to seriously burden it in the accomplishment of them."
case the practical effect of an exemption is merely to reduce the (Antieau, Modern Constitutional Law, Vol. 2, p. 140, emphasis
amount of money that has to be handled by government in the course supplied)
of its operations. For these reasons, provisions granting exemptions to
government agencies may be construed liberally, in favor of non tax- Otherwise, mere creatures of the State can defeat National policies thru
liability of such agencies.19 extermination of what local authorities may perceive to be undesirable
activities or enterprise using the power to tax as "a tool for regulation"
There is, moreover, no point in national and local governments taxing each (U.S. v. Sanchez, 340 US 42).
other, unless a sound and compelling policy requires such transfer of public
funds from one government pocket to another. The power to tax which was called by Justice Marshall as the "power to
destroy" (Mc Culloch v. Maryland, supra) cannot be allowed to defeat an
There is also no reason for local governments to tax national government instrumentality or creation of the very entity which has the inherent
instrumentalities for rendering essential public services to inhabitants of local power to wield it. 20
governments. The only exception is when the legislature clearly intended to tax
government instrumentalities for the delivery of essential public services for 2. Airport Lands and Buildings of MIAA are Owned by the Republic
sound and compelling policy considerations. There must be express language in
the law empowering local governments to tax national government a. Airport Lands and Buildings are of Public Dominion
instrumentalities. Any doubt whether such power exists is resolved against local
governments. The Airport Lands and Buildings of MIAA are property of public dominion and
therefore owned by the State or the Republic of the Philippines. The Civil Code
Thus, Section 133 of the Local Government Code states that "unless otherwise provides:
provided" in the Code, local governments cannot tax national government
instrumentalities. As this Court held in Basco v. Philippine Amusements and ARTICLE 419. Property is either of public dominion or of private
Gaming Corporation: ownership.

The states have no power by taxation or otherwise, to retard, ARTICLE 420. The following things are property of public dominion:
impede, burden or in any manner control the operation of
 (1) Those intended for public use, such as roads, canals, rivers, the speed restrictions and other conditions for the use of the road do not affect
torrents, ports and bridges constructed by the State, banks, shores, the public character of the road.
roadsteads, and others of similar character;
The terminal fees MIAA charges to passengers, as well as the landing fees MIAA
(2) Those which belong to the State, without being for public use, and charges to airlines, constitute the bulk of the income that maintains the
are intended for some public service or for the development of the operations of MIAA. The collection of such fees does not change the character of
national wealth. (Emphasis supplied) MIAA as an airport for public use. Such fees are often termed user's tax. This
means taxing those among the public who actually use a public facility instead of
ARTICLE 421. All other property of the State, which is not of the taxing all the public including those who never use the particular public facility. A
character stated in the preceding article, is patrimonial property. user's tax is more equitable — a principle of taxation mandated in the 1987
Constitution.21
ARTICLE 422. Property of public dominion, when no longer intended for
public use or for public service, shall form part of the patrimonial The Airport Lands and Buildings of MIAA, which its Charter calls the "principal
property of the State. airport of the Philippines for both international and domestic air traffic,"22 are
properties of public dominion because they are intended for public use. As
No one can dispute that properties of public dominion mentioned in Article 420 properties of public dominion, they indisputably belong to the State or the
of the Civil Code, like "roads, canals, rivers, torrents, ports and bridges Republic of the Philippines.
constructed by the State," are owned by the State. The term "ports" includes
seaports and airports. The MIAA Airport Lands and Buildings constitute a "port" b. Airport Lands and Buildings are Outside the Commerce of Man
constructed by the State. Under Article 420 of the Civil Code, the MIAA Airport
Lands and Buildings are properties of public dominion and thus owned by the The Airport Lands and Buildings of MIAA are devoted to public use and thus are
State or the Republic of the Philippines. properties of public dominion. As properties of public dominion, the Airport
Lands and Buildings are outside the commerce of man. The Court has ruled
The Airport Lands and Buildings are devoted to public use because they are used repeatedly that properties of public dominion are outside the commerce of man.
by the public for international and domestic travel and transportation. The fact As early as 1915, this Court already ruled in Municipality of Cavite v. Rojas that
that the MIAA collects terminal fees and other charges from the public does not properties devoted to public use are outside the commerce of man, thus:
remove the character of the Airport Lands and Buildings as properties for public
use. The operation by the government of a tollway does not change the According to article 344 of the Civil Code: "Property for public use in
character of the road as one for public use. Someone must pay for the provinces and in towns comprises the provincial and town roads, the
maintenance of the road, either the public indirectly through the taxes they pay squares, streets, fountains, and public waters, the promenades, and
the government, or only those among the public who actually use the road public works of general service supported by said towns or provinces."
through the toll fees they pay upon using the road. The tollway system is even a
more efficient and equitable manner of taxing the public for the maintenance of The said Plaza Soledad being a promenade for public use, the municipal
public roads. council of Cavite could not in 1907 withdraw or exclude from public use
a portion thereof in order to lease it for the sole benefit of the
The charging of fees to the public does not determine the character of the defendant Hilaria Rojas. In leasing a portion of said plaza or public place
property whether it is of public dominion or not. Article 420 of the Civil Code to the defendant for private use the plaintiff municipality exceeded its
defines property of public dominion as one "intended for public use." Even if the authority in the exercise of its powers by executing a contract over a
government collects toll fees, the road is still "intended for public use" if anyone thing of which it could not dispose, nor is it empowered so to do.
can use the road under the same terms and conditions as the rest of the public.
The charging of fees, the limitation on the kind of vehicles that can use the road,
 The Civil Code, article 1271, prescribes that everything which is not SECTION 83. Upon the recommendation of the Secretary of Agriculture
outside the commerce of man may be the object of a contract, and and Natural Resources, the President may designate by proclamation
plazas and streets are outside of this commerce, as was decided by the any tract or tracts of land of the public domain as reservations for the
supreme court of Spain in its decision of February 12, 1895, which says: use of the Republic of the Philippines or of any of its branches, or of the
"Communal things that cannot be sold because they are by their very inhabitants thereof, in accordance with regulations prescribed for this
nature outside of commerce are those for public use, such as the plazas, purposes, or for quasi-public uses or purposes when the public interest
streets, common lands, rivers, fountains, etc." (Emphasis supplied) 23 requires it, including reservations for highways, rights of way for
railroads, hydraulic power sites, irrigation systems, communal pastures
Again in Espiritu v. Municipal Council, the Court declared that properties of public or lequas communales, public parks, public quarries, public fishponds,
dominion are outside the commerce of man: working men's village and other improvements for the public benefit.

xxx Town plazas are properties of public dominion, to be devoted to SECTION 88. The tract or tracts of land reserved under the provisions of
public use and to be made available to the public in general. They Section eighty-three shall be non-alienable and shall not be subject to
are outside the commerce of man and cannot be disposed of or even occupation, entry, sale, lease, or other disposition until again declared
leased by the municipality to private parties. While in case of war or alienable under the provisions of this Act or by proclamation of the
during an emergency, town plazas may be occupied temporarily by President. (Emphasis and underscoring supplied)
private individuals, as was done and as was tolerated by the
Municipality of Pozorrubio, when the emergency has ceased, said Thus, unless the President issues a proclamation withdrawing the Airport Lands
temporary occupation or use must also cease, and the town officials and Buildings from public use, these properties remain properties of public
should see to it that the town plazas should ever be kept open to the dominion and are inalienable. Since the Airport Lands and Buildings are
public and free from encumbrances or illegal private inalienable in their present status as properties of public dominion, they are not
constructions.24 (Emphasis supplied) subject to levy on execution or foreclosure sale. As long as the Airport Lands and
Buildings are reserved for public use, their ownership remains with the State or
The Court has also ruled that property of public dominion, being outside the the Republic of the Philippines.
commerce of man, cannot be the subject of an auction sale.25
The authority of the President to reserve lands of the public domain for public
Properties of public dominion, being for public use, are not subject to levy, use, and to withdraw such public use, is reiterated in Section 14, Chapter 4, Title
encumbrance or disposition through public or private sale. Any encumbrance, I, Book III of the Administrative Code of 1987, which states:
levy on execution or auction sale of any property of public dominion is void for
being contrary to public policy. Essential public services will stop if properties of SEC. 14. Power to Reserve Lands of the Public and Private Domain of the
public dominion are subject to encumbrances, foreclosures and auction sale. Government. — (1) The President shall have the power to reserve for
This will happen if the City of Parañaque can foreclose and compel the auction settlement or public use, and for specific public purposes, any of the
sale of the 600-hectare runway of the MIAA for non-payment of real estate tax. lands of the public domain, the use of which is not otherwise directed by
law. The reserved land shall thereafter remain subject to the specific
Before MIAA can encumber26 the Airport Lands and Buildings, the President public purpose indicated until otherwise provided by law or proclamation;
must first withdraw from public usethe Airport Lands and Buildings. Sections 83
and 88 of the Public Land Law or Commonwealth Act No. 141, which "remains to x x x x. (Emphasis supplied)
this day the existing general law governing the classification and disposition of
lands of the public domain other than timber and mineral lands,"27 provide: There is no question, therefore, that unless the Airport Lands and Buildings are
withdrawn by law or presidential proclamation from public use, they are
properties of public dominion, owned by the Republic and outside the Authority, subject to existing rights, if any. The Bureau of Lands and
commerce of man. other appropriate government agencies shall undertake an actual
survey of the area transferred within one year from the promulgation of
c. MIAA is a Mere Trustee of the Republic this Executive Order and the corresponding title to be issued in the
name of the Authority. Any portion thereof shall not be disposed through
MIAA is merely holding title to the Airport Lands and Buildings in trust for the sale or through any other mode unless specifically approved by the
Republic. Section 48, Chapter 12, Book I of the Administrative Code allows President of the Philippines. (Emphasis supplied)
instrumentalities like MIAA to hold title to real properties owned by the Republic,
thus: SECTION 22. Transfer of Existing Facilities and Intangible Assets. — All
existing public airport facilities, runways, lands, buildings and other
SEC. 48. Official Authorized to Convey Real Property. — Whenever real property, movable or immovable, belonging to the Airport, and all
property of the Government is authorized by law to be conveyed, the assets, powers, rights, interests and privileges belonging to the Bureau of
deed of conveyance shall be executed in behalf of the government by Air Transportation relating to airport works or air operations, including
the following: all equipment which are necessary for the operation of crash fire and
rescue facilities, are hereby transferred to the Authority. (Emphasis
(1) For property belonging to and titled in the name of the Republic of supplied)
the Philippines, by the President, unless the authority therefor is
expressly vested by law in another officer. SECTION 25. Abolition of the Manila International Airport as a Division in
the Bureau of Air Transportation and Transitory Provisions. — The
(2) For property belonging to the Republic of the Philippines but titled in Manila International Airport including the Manila Domestic Airport as a
the name of any political subdivision or of any corporate agency or division under the Bureau of Air Transportation is hereby abolished.
instrumentality, by the executive head of the agency or instrumentality.
(Emphasis supplied) x x x x.

In MIAA's case, its status as a mere trustee of the Airport Lands and Buildings is The MIAA Charter transferred the Airport Lands and Buildings to MIAA without
clearer because even its executive head cannot sign the deed of conveyance on the Republic receiving cash, promissory notes or even stock since MIAA is not a
behalf of the Republic. Only the President of the Republic can sign such deed of stock corporation.
conveyance.28
The whereas clauses of the MIAA Charter explain the rationale for the transfer of
d. Transfer to MIAA was Meant to Implement a Reorganization the Airport Lands and Buildings to MIAA, thus:

The MIAA Charter, which is a law, transferred to MIAA the title to the Airport WHEREAS, the Manila International Airport as the principal airport of
Lands and Buildings from the Bureau of Air Transportation of the Department of the Philippines for both international and domestic air traffic, is required
Transportation and Communications. The MIAA Charter provides: to provide standards of airport accommodation and service comparable
with the best airports in the world;
SECTION 3. Creation of the Manila International Airport Authority. — x x
xx WHEREAS, domestic and other terminals, general aviation and other
facilities, have to be upgraded to meet the current and future air traffic
The land where the Airport is presently located as well as the surrounding and other demands of aviation in Metro Manila;
land area of approximately six hundred hectares, are hereby transferred,
conveyed and assigned to the ownership and administration of the
 WHEREAS, a management and organization study has indicated that the (a) Real property owned by the Republic of the Philippines or any of its
objectives of providing high standards of accommodation and service political subdivisions except when the beneficial use thereof has been
within the context of a financially viable operation, will best be achieved granted, for consideration or otherwise, to a taxable person;
by a separate and autonomous body; and
x x x. (Emphasis supplied)
WHEREAS, under Presidential Decree No. 1416, as amended by
Presidential Decree No. 1772, the President of the Philippines is given This exemption should be read in relation with Section 133(o) of the same Code,
continuing authority to reorganize the National Government, which which prohibits local governments from imposing "[t]axes, fees or charges of any
authority includes the creation of new entities, agencies and kind on the National Government, its agencies and instrumentalitiesx x x." The
instrumentalities of the Government[.] (Emphasis supplied) real properties owned by the Republic are titled either in the name of the
Republic itself or in the name of agencies or instrumentalities of the National
The transfer of the Airport Lands and Buildings from the Bureau of Air Government. The Administrative Code allows real property owned by the
Transportation to MIAA was not meant to transfer beneficial ownership of these Republic to be titled in the name of agencies or instrumentalities of the national
assets from the Republic to MIAA. The purpose was merely to reorganize a government. Such real properties remain owned by the Republic and continue to
division in the Bureau of Air Transportation into a separate and autonomous body. be exempt from real estate tax.
The Republic remains the beneficial owner of the Airport Lands and Buildings.
MIAA itself is owned solely by the Republic. No party claims any ownership rights The Republic may grant the beneficial use of its real property to an agency or
over MIAA's assets adverse to the Republic. instrumentality of the national government. This happens when title of the real
property is transferred to an agency or instrumentality even as the Republic
The MIAA Charter expressly provides that the Airport Lands and Buildings "shall remains the owner of the real property. Such arrangement does not result in the
not be disposed through sale or through any other mode unless specifically loss of the tax exemption. Section 234(a) of the Local Government Code states
approved by the President of the Philippines." This only means that the Republic that real property owned by the Republic loses its tax exemption only if the
retained the beneficial ownership of the Airport Lands and Buildings because "beneficial use thereof has been granted, for consideration or otherwise, to
under Article 428 of the Civil Code, only the "owner has the right to x x x dispose a taxable person." MIAA, as a government instrumentality, is not a taxable
of a thing." Since MIAA cannot dispose of the Airport Lands and Buildings, MIAA person under Section 133(o) of the Local Government Code. Thus, even if we
does not own the Airport Lands and Buildings. assume that the Republic has granted to MIAA the beneficial use of the Airport
Lands and Buildings, such fact does not make these real properties subject to
At any time, the President can transfer back to the Republic title to the Airport real estate tax.
Lands and Buildings without the Republic paying MIAA any consideration. Under
Section 3 of the MIAA Charter, the President is the only one who can authorize However, portions of the Airport Lands and Buildings that MIAA leases to private
the sale or disposition of the Airport Lands and Buildings. This only confirms that entities are not exempt from real estate tax. For example, the land area occupied
the Airport Lands and Buildings belong to the Republic. by hangars that MIAA leases to private corporations is subject to real estate tax.
In such a case, MIAA has granted the beneficial use of such land area for a
e. Real Property Owned by the Republic is Not Taxable consideration to a taxable person and therefore such land area is subject to real
estate tax. In Lung Center of the Philippines v. Quezon City, the Court ruled:
Section 234(a) of the Local Government Code exempts from real estate tax any
"[r]eal property owned by the Republic of the Philippines." Section 234(a) Accordingly, we hold that the portions of the land leased to private
provides: entities as well as those parts of the hospital leased to private
individuals are not exempt from such taxes. On the other hand, the
SEC. 234. Exemptions from Real Property Tax. — The following are portions of the land occupied by the hospital and portions of the
exempted from payment of the real property tax:
 hospital used for its patients, whether paying or non-paying, are exempt The argument of the minority is fatally flawed. Section 193 of the Local
from real property taxes.29 Government Code expressly withdrew the tax exemption of all juridical persons
"[u]nless otherwise provided in this Code." Now, Section 133(o) of the Local
3. Refutation of Arguments of Minority Government Code expressly provides otherwise, specifically prohibiting local
governments from imposing any kind of tax on national government
The minority asserts that the MIAA is not exempt from real estate tax because instrumentalities. Section 133(o) states:
Section 193 of the Local Government Code of 1991 withdrew the tax exemption
of "all persons, whether natural or juridical" upon the effectivity of the Code. SEC. 133. Common Limitations on the Taxing Powers of Local
Section 193 provides: Government Units. – Unless otherwise provided herein, the exercise of
the taxing powers of provinces, cities, municipalities, and barangays
SEC. 193. Withdrawal of Tax Exemption Privileges – Unless otherwise shall not extend to the levy of the following:
provided in this Code, tax exemptions or incentives granted to,
or presently enjoyed by all persons, whether natural or juridical, including xxxx
government-owned or controlled corporations, except local water
districts, cooperatives duly registered under R.A. No. 6938, non-stock (o) Taxes, fees or charges of any kinds on the National Government, its
and non-profit hospitals and educational institutions are hereby agencies and instrumentalities, and local government units. (Emphasis
withdrawn upon effectivity of this Code. (Emphasis supplied) and underscoring supplied)

The minority states that MIAA is indisputably a juridical person. The minority By express mandate of the Local Government Code, local governments cannot
argues that since the Local Government Code withdrew the tax exemption of all impose any kind of tax on national government instrumentalities like the MIAA.
juridical persons, then MIAA is not exempt from real estate tax. Thus, the Local governments are devoid of power to tax the national government, its
minority declares: agencies and instrumentalities. The taxing powers of local governments do not
extend to the national government, its agencies and instrumentalities, "[u]nless
It is evident from the quoted provisions of the Local Government Code otherwise provided in this Code" as stated in the saving clause of Section 133.
that the withdrawn exemptions from realty tax cover not just GOCCs, but The saving clause refers to Section 234(a) on the exception to the exemption
all persons. To repeat, the provisions lay down the explicit proposition from real estate tax of real property owned by the Republic.
that the withdrawal of realty tax exemption applies to all persons. The
reference to or the inclusion of GOCCs is only clarificatory or illustrative The minority, however, theorizes that unless exempted in Section 193 itself, all
of the explicit provision. juridical persons are subject to tax by local governments. The minority insists
that the juridical persons exempt from local taxation are limited to the three
The term "All persons" encompasses the two classes of persons classes of entities specifically enumerated as exempt in Section 193. Thus, the
recognized under our laws, natural and juridical persons. Obviously, MIAA minority states:
is not a natural person. Thus, the determinative test is not just whether
MIAA is a GOCC, but whether MIAA is a juridical person at all. (Emphasis x x x Under Section 193, the exemption is limited to (a) local water
and underscoring in the original) districts; (b) cooperatives duly registered under Republic Act No. 6938;
and (c) non-stock and non-profit hospitals and educational institutions.
The minority posits that the "determinative test" whether MIAA is exempt from It would be belaboring the obvious why the MIAA does not fall within
local taxation is its status — whether MIAA is a juridical person or not. The any of the exempt entities under Section 193. (Emphasis supplied)
minority also insists that "Sections 193 and 234 may be examined in isolation
from Section 133(o) to ascertain MIAA's claim of exemption." The minority's theory directly contradicts and completely negates Section 133(o)
of the Local Government Code. This theory will result in gross absurdities. It will
make the national government, which itself is a juridical person, subject to tax by estate tax when it gives the beneficial use of its real properties to a taxable
local governments since the national government is not included in the entity. Section 234(a) of the Local Government Code provides:
enumeration of exempt entities in Section 193. Under this theory, local
governments can impose any kind of local tax, and not only real estate tax, on SEC. 234. Exemptions from Real Property Tax – The following are
the national government. exempted from payment of the real property tax:

Under the minority's theory, many national government instrumentalities with (a) Real property owned by the Republic of the Philippines or any of its
juridical personalities will also be subject to any kind of local tax, and not only political subdivisions except when the beneficial use thereof has been
real estate tax. Some of the national government instrumentalities vested by law granted, for consideration or otherwise, to a taxable person.
with juridical personalities are: Bangko Sentral ng Pilipinas,30 Philippine Rice
Research Institute,31Laguna Lake x x x. (Emphasis supplied)

Development Authority,32 Fisheries Development Authority,33 Bases Conversion Under Section 234(a), real property owned by the Republic is exempt from real
Development Authority,34Philippine Ports Authority,35 Cagayan de Oro Port estate tax. The exception to this exemption is when the government gives the
Authority,36 San Fernando Port Authority,37 Cebu Port Authority,38 and Philippine beneficial use of the real property to a taxable entity.
National Railways.39
The exception to the exemption in Section 234(a) is the only instance when the
The minority's theory violates Section 133(o) of the Local Government Code national government, its agencies and instrumentalities are subject to any kind
which expressly prohibits local governments from imposing any kind of tax on of tax by local governments. The exception to the exemption applies only to real
national government instrumentalities. Section 133(o) does not distinguish estate tax and not to any other tax. The justification for the exception to the
between national government instrumentalities with or without juridical exemption is that the real property, although owned by the Republic, is not
personalities. Where the law does not distinguish, courts should not distinguish. devoted to public use or public service but devoted to the private gain of a
Thus, Section 133(o) applies to all national government instrumentalities, with or taxable person.
without juridical personalities. The determinative test whether MIAA is exempt
from local taxation is not whether MIAA is a juridical person, but whether it is a The minority also argues that since Section 133 precedes Section 193 and 234 of
national government instrumentality under Section 133(o) of the Local the Local Government Code, the later provisions prevail over Section 133. Thus,
Government Code. Section 133(o) is the specific provision of law prohibiting local the minority asserts:
governments from imposing any kind of tax on the national government, its
agencies and instrumentalities. x x x Moreover, sequentially Section 133 antecedes Section 193 and
234. Following an accepted rule of construction, in case of conflict the
Section 133 of the Local Government Code starts with the saving clause "[u]nless subsequent provisions should prevail. Therefore, MIAA, as a juridical
otherwise provided in this Code." This means that unless the Local Government person, is subject to real property taxes, the general exemptions
Code grants an express authorization, local governments have no power to tax attaching to instrumentalities under Section 133(o) of the Local
the national government, its agencies and instrumentalities. Clearly, the rule is Government Code being qualified by Sections 193 and 234 of the same
local governments have no power to tax the national government, its agencies law. (Emphasis supplied)
and instrumentalities. As an exception to this rule, local governments may tax
the national government, its agencies and instrumentalities only if the Local The minority assumes that there is an irreconcilable conflict between Section
Government Code expressly so provides. 133 on one hand, and Sections 193 and 234 on the other. No one has urged that
there is such a conflict, much less has any one presenteda persuasive argument
The saving clause in Section 133 refers to the exception to the exemption in that there is such a conflict. The minority's assumption of an irreconcilable
Section 234(a) of the Code, which makes the national government subject to real conflict in the statutory provisions is an egregious error for two reasons.
First, there is no conflict whatsoever between Sections 133 and 193 because SEC. 2. General Terms Defined. — Unless the specific words of the text,
Section 193 expressly admits its subordination to other provisions of the Code or the context as a whole, or a particular statute, shall require a
when Section 193 states "[u]nless otherwise provided in this Code." By its own different meaning:
words, Section 193 admits the superiority of other provisions of the Local
Government Code that limit the exercise of the taxing power in Section 193. xxxx
When a provision of law grants a power but withholds such power on certain
matters, there is no conflict between the grant of power and the withholding of The minority then concludes that reliance on the Administrative Code definition
power. The grantee of the power simply cannot exercise the power on matters is "flawed."
withheld from its power.
The minority's argument is a non sequitur. True, Section 2 of the Administrative
Second, Section 133 is entitled "Common Limitations on the Taxing Powers of Code recognizes that a statute may require a different meaning than that
Local Government Units." Section 133 limits the grant to local governments of defined in the Administrative Code. However, this does not automatically mean
the power to tax, and not merely the exercise of a delegated power to tax. that the definition in the Administrative Code does not apply to the Local
Section 133 states that the taxing powers of local governments "shall not extend Government Code. Section 2 of the Administrative Code clearly states that
to the levy" of any kind of tax on the national government, its agencies and "unless the specific words x x x of a particular statute shall require a different
instrumentalities. There is no clearer limitation on the taxing power than this. meaning," the definition in Section 2 of the Administrative Code shall apply.
Thus, unless there is specific language in the Local Government Code defining
Since Section 133 prescribes the "common limitations" on the taxing powers of the phrase "government-owned or controlled corporation" differently from the
local governments, Section 133 logically prevails over Section 193 which grants definition in the Administrative Code, the definition in the Administrative Code
local governments such taxing powers. By their very meaning and purpose, the prevails.
"common limitations" on the taxing power prevail over the grant or exercise of
the taxing power. If the taxing power of local governments in Section 193 The minority does not point to any provision in the Local Government Code
prevails over the limitations on such taxing power in Section 133, then local defining the phrase "government-owned or controlled corporation" differently
governments can impose any kind of tax on the national government, its from the definition in the Administrative Code. Indeed, there is none. The Local
agencies and instrumentalities — a gross absurdity. Government Code is silent on the definition of the phrase "government-owned
or controlled corporation." The Administrative Code, however, expressly defines
Local governments have no power to tax the national government, its agencies the phrase "government-owned or controlled corporation." The inescapable
and instrumentalities, except as otherwise provided in the Local Government conclusion is that the Administrative Code definition of the phrase "government-
Code pursuant to the saving clause in Section 133 stating "[u]nless otherwise owned or controlled corporation" applies to the Local Government Code.
provided in this Code." This exception — which is an exception to the exemption
of the Republic from real estate tax imposed by local governments — refers to The third whereas clause of the Administrative Code states that the Code
Section 234(a) of the Code. The exception to the exemption in Section 234(a) "incorporates in a unified document the major structural, functional and
subjects real property owned by the Republic, whether titled in the name of the procedural principles and rules of governance." Thus, the Administrative Code is
national government, its agencies or instrumentalities, to real estate tax if the the governing law defining the status and relationship of government
beneficial use of such property is given to a taxable entity. departments, bureaus, offices, agencies and instrumentalities. Unless a statute
expressly provides for a different status and relationship for a specific
The minority also claims that the definition in the Administrative Code of the government unit or entity, the provisions of the Administrative Code prevail.
phrase "government-owned or controlled corporation" is not controlling. The
minority points out that Section 2 of the Introductory Provisions of the The minority also contends that the phrase "government-owned or controlled
Administrative Code admits that its definitions are not controlling when it corporation" should apply only to corporations organized under the Corporation
provides: Code, the general incorporation law, and not to corporations created by special
charters. The minority sees no reason why government corporations with special SECTION 7. Authorized Capital Stock – Par value. — The capital stock of
charters should have a capital stock. Thus, the minority declares: the Bank shall be Five Billion Pesos to be divided into Fifty Million
common shares with par value of P100 per share. These shares are
I submit that the definition of "government-owned or controlled available for subscription by the National Government. Upon the
corporations" under the Administrative Code refer to those effectivity of this Charter, the National Government shall subscribe to
corporations owned by the government or its instrumentalities which Twenty-Five Million common shares of stock worth Two Billion Five
are created not by legislative enactment, but formed and organized Hundred Million which shall be deemed paid for by the Government
under the Corporation Code through registration with the Securities and with the net asset values of the Bank remaining after the transfer of
Exchange Commission. In short, these are GOCCs without original assets and liabilities as provided in Section 30 hereof. (Emphasis
charters. supplied)

xxxx Other government-owned corporations organized as stock corporations under

their special charters are the Philippine Crop Insurance Corporation,42 Philippine
It might as well be worth pointing out that there is no point in requiring International Trading Corporation,43 and the Philippine National Bank44 before it
a capital structure for GOCCs whose full ownership is limited by its was reorganized as a stock corporation under the Corporation Code. All these
charter to the State or Republic. Such GOCCs are not empowered to government-owned corporations organized under special charters as stock
declare dividends or alienate their capital shares. corporations are subject to real estate tax on real properties owned by them. To
rule that they are not government-owned or controlled corporations because
The contention of the minority is seriously flawed. It is not in accord with the they are not registered with the Securities and Exchange Commission would
Constitution and existing legislations. It will also result in gross absurdities. remove them from the reach of Section 234 of the Local Government Code, thus
exempting them from real estate tax.
First, the Administrative Code definition of the phrase "government-owned or
controlled corporation" does not distinguish between one incorporated under Third, the government-owned or controlled corporations created through
the Corporation Code or under a special charter. Where the law does not special charters are those that meet the two conditions prescribed in Section 16,
distinguish, courts should not distinguish. Article XII of the Constitution. The first condition is that the government-owned
or controlled corporation must be established for the common good. The second
Second, Congress has created through special charters several government- condition is that the government-owned or controlled corporation must meet
owned corporations organized as stock corporations. Prime examples are the the test of economic viability. Section 16, Article XII of the 1987 Constitution
Land Bank of the Philippines and the Development Bank of the Philippines. The provides:
special charter40 of the Land Bank of the Philippines provides:
SEC. 16. The Congress shall not, except by general law, provide for the
SECTION 81. Capital. — The authorized capital stock of the Bank shall be formation, organization, or regulation of private corporations.
nine billion pesos, divided into seven hundred and eighty million Government-owned or controlled corporations may be created or
common shares with a par value of ten pesos each, which shall be fully established by special charters in the interest of the common good and
subscribed by the Government, and one hundred and twenty million subject to the test of economic viability. (Emphasis and underscoring
preferred shares with a par value of ten pesos each, which shall be supplied)
issued in accordance with the provisions of Sections seventy-seven and
eighty-three of this Code. (Emphasis supplied) The Constitution expressly authorizes the legislature to create "government-
owned or controlled corporations" through special charters only if these entities
Likewise, the special charter41 of the Development Bank of the Philippines are required to meet the twin conditions of common good and economic
provides: viability. In other words, Congress has no power to create government-owned or
controlled corporations with special charters unless they are made to comply this corporation becomes exempt from the test of economic
with the two conditions of common good and economic viability. The test of performance. We know what happened in the past. If a government
economic viability applies only to government-owned or controlled corporations corporation loses, then it makes its claim upon the taxpayers' money
that perform economic or commercial activities and need to compete in the through new equity infusions from the government and what is always
market place. Being essentially economic vehicles of the State for the common invoked is the common good. That is the reason why this year, out of a
good — meaning for economic development purposes — these government- budget of P115 billion for the entire government, about P28 billion of
owned or controlled corporations with special charters are usually organized as this will go into equity infusions to support a few government financial
stock corporations just like ordinary private corporations. institutions. And this is all taxpayers' money which could have been
relocated to agrarian reform, to social services like health and
In contrast, government instrumentalities vested with corporate powers and education, to augment the salaries of grossly underpaid public
performing governmental or public functions need not meet the test of employees. And yet this is all going down the drain.
economic viability. These instrumentalities perform essential public services for
the common good, services that every modern State must provide its citizens. Therefore, when we insert the phrase "ECONOMIC VIABILITY" together
These instrumentalities need not be economically viable since the government with the "common good," this becomes a restraint on future enthusiasts
may even subsidize their entire operations. These instrumentalities are not the for state capitalism to excuse themselves from the responsibility of
"government-owned or controlled corporations" referred to in Section 16, meeting the market test so that they become viable. And so, Madam
Article XII of the 1987 Constitution. President, I reiterate, for the committee's consideration and I am glad
that I am joined in this proposal by Commissioner Foz, the insertion of
Thus, the Constitution imposes no limitation when the legislature creates the standard of "ECONOMIC VIABILITY OR THE ECONOMIC TEST,"
government instrumentalities vested with corporate powers but performing together with the common good.45
essential governmental or public functions. Congress has plenary authority to
create government instrumentalities vested with corporate powers provided Father Joaquin G. Bernas, a leading member of the Constitutional Commission,
these instrumentalities perform essential government functions or public explains in his textbook The 1987 Constitution of the Republic of the Philippines:
services. However, when the legislature creates through special charters A Commentary:
corporations that perform economic or commercial activities, such entities —
known as "government-owned or controlled corporations" — must meet the test The second sentence was added by the 1986 Constitutional
of economic viability because they compete in the market place. Commission. The significant addition, however, is the phrase "in the
interest of the common good and subject to the test of economic
This is the situation of the Land Bank of the Philippines and the Development viability." The addition includes the ideas that they must show capacity
Bank of the Philippines and similar government-owned or controlled to function efficiently in business and that they should not go into
corporations, which derive their income to meet operating expenses solely from activities which the private sector can do better. Moreover, economic
commercial transactions in competition with the private sector. The intent of the viability is more than financial viability but also includes capability to
Constitution is to prevent the creation of government-owned or controlled make profit and generate benefits not quantifiable in financial
corporations that cannot survive on their own in the market place and thus terms.46(Emphasis supplied)
merely drain the public coffers.
Clearly, the test of economic viability does not apply to government entities
Commissioner Blas F. Ople, proponent of the test of economic viability, vested with corporate powers and performing essential public services. The
explained to the Constitutional Commission the purpose of this test, as follows: State is obligated to render essential public services regardless of the economic
viability of providing such service. The non-economic viability of rendering such
MR. OPLE: Madam President, the reason for this concern is really that essential public service does not excuse the State from withholding such
when the government creates a corporation, there is a sense in which essential services from the public.
However, government-owned or controlled corporations with special charters, 7. The MIAA, to provide the proper premises — such as runway and
organized essentially for economic or commercial objectives, must meet the test buildings — for the government personnel, passengers, and airlines, and
of economic viability. These are the government-owned or controlled to manage the airport operations.
corporations that are usually organized under their special charters as stock
corporations, like the Land Bank of the Philippines and the Development Bank of All these agencies of government perform government functions essential to the
the Philippines. These are the government-owned or controlled corporations, operation of an international airport.
along with government-owned or controlled corporations organized under the
Corporation Code, that fall under the definition of "government-owned or MIAA performs an essential public service that every modern State must provide
controlled corporations" in Section 2(10) of the Administrative Code. its citizens. MIAA derives its revenues principally from the mandatory fees and
charges MIAA imposes on passengers and airlines. The terminal fees that MIAA
The MIAA need not meet the test of economic viability because the legislature charges every passenger are regulatory or administrative fees47 and not income
did not create MIAA to compete in the market place. MIAA does not compete in from commercial transactions.
the market place because there is no competing international airport operated
by the private sector. MIAA performs an essential public service as the primary MIAA falls under the definition of a government instrumentality under Section
domestic and international airport of the Philippines. The operation of an 2(10) of the Introductory Provisions of the Administrative Code, which provides:
international airport requires the presence of personnel from the following
government agencies: SEC. 2. General Terms Defined. – x x x x

1. The Bureau of Immigration and Deportation, to document the arrival (10) Instrumentality refers to any agency of the National Government,
and departure of passengers, screening out those without visas or travel not integrated within the department framework, vested with special
documents, or those with hold departure orders; functions or jurisdiction by law, endowed with some if not all corporate
powers, administering special funds, and enjoying operational
2. The Bureau of Customs, to collect import duties or enforce the ban on autonomy, usually through a charter. x x x (Emphasis supplied)
prohibited importations;
The fact alone that MIAA is endowed with corporate powers does not make
3. The quarantine office of the Department of Health, to enforce health MIAA a government-owned or controlled corporation. Without a change in its
measures against the spread of infectious diseases into the country; capital structure, MIAA remains a government instrumentality under Section
2(10) of the Introductory Provisions of the Administrative Code. More
4. The Department of Agriculture, to enforce measures against the importantly, as long as MIAA renders essential public services, it need not
spread of plant and animal diseases into the country; comply with the test of economic viability. Thus, MIAA is outside the scope of
the phrase "government-owned or controlled corporations" under Section 16,
5. The Aviation Security Command of the Philippine National Police, to Article XII of the 1987 Constitution.
prevent the entry of terrorists and the escape of criminals, as well as to
secure the airport premises from terrorist attack or seizure; The minority belittles the use in the Local Government Code of the phrase
"government-owned or controlled corporation" as merely "clarificatory or
6. The Air Traffic Office of the Department of Transportation and illustrative." This is fatal. The 1987 Constitution prescribes explicit conditions for
Communications, to authorize aircraft to enter or leave Philippine the creation of "government-owned or controlled corporations." The
airspace, as well as to land on, or take off from, the airport; and Administrative Code defines what constitutes a "government-owned or
controlled corporation." To belittle this phrase as "clarificatory or illustrative" is
grave error.
To summarize, MIAA is not a government-owned or controlled corporation and offices within the entire government machinery, MIAA is a government
under Section 2(13) of the Introductory Provisions of the Administrative Code instrumentality and not a government-owned or controlled corporation. Under
because it is not organized as a stock or non-stock corporation. Neither is MIAA a Section 133(o) of the Local Government Code, MIAA as a government
government-owned or controlled corporation under Section 16, Article XII of the instrumentality is not a taxable person because it is not subject to "[t]axes, fees
1987 Constitution because MIAA is not required to meet the test of economic or charges of any kind" by local governments. The only exception is when MIAA
viability. MIAA is a government instrumentality vested with corporate powers leases its real property to a "taxable person" as provided in Section 234(a) of the
and performing essential public services pursuant to Section 2(10) of the Local Government Code, in which case the specific real property leased becomes
Introductory Provisions of the Administrative Code. As a government subject to real estate tax. Thus, only portions of the Airport Lands and Buildings
instrumentality, MIAA is not subject to any kind of tax by local governments leased to taxable persons like private parties are subject to real estate tax by the
under Section 133(o) of the Local Government Code. The exception to the City of Parañaque.
exemption in Section 234(a) does not apply to MIAA because MIAA is not a
taxable entity under the Local Government Code. Such exception applies only if Under Article 420 of the Civil Code, the Airport Lands and Buildings of MIAA,
the beneficial use of real property owned by the Republic is given to a taxable being devoted to public use, are properties of public dominion and thus owned
entity. by the State or the Republic of the Philippines. Article 420 specifically mentions
"ports x x x constructed by the State," which includes public airports and
Finally, the Airport Lands and Buildings of MIAA are properties devoted to public seaports, as properties of public dominion and owned by the Republic. As
use and thus are properties of public dominion. Properties of public dominion properties of public dominion owned by the Republic, there is no doubt
are owned by the State or the Republic. Article 420 of the Civil Code provides: whatsoever that the Airport Lands and Buildings are expressly exempt from real
estate tax under Section 234(a) of the Local Government Code. This Court has
Art. 420. The following things are property of public dominion: also repeatedly ruled that properties of public dominion are not subject to
execution or foreclosure sale.
(1) Those intended for public use, such as roads, canals, rivers, torrents,
ports and bridges constructed by the State, banks, shores, roadsteads, WHEREFORE, we GRANT the petition. We SET ASIDE the assailed Resolutions of
and others of similar character; the Court of Appeals of 5 October 2001 and 27 September 2002 in CA-G.R. SP
No. 66878. We DECLARE the Airport Lands and Buildings of the Manila
(2) Those which belong to the State, without being for public use, and International Airport Authority EXEMPT from the real estate tax imposed by the
are intended for some public service or for the development of the City of Parañaque. We declare VOID all the real estate tax assessments, including
national wealth. (Emphasis supplied) the final notices of real estate tax delinquencies, issued by the City of Parañaque
on the Airport Lands and Buildings of the Manila International Airport Authority,
The term "ports x x x constructed by the State" includes airports and seaports. except for the portions that the Manila International Airport Authority has leased
The Airport Lands and Buildings of MIAA are intended for public use, and at the to private parties. We also declare VOID the assailed auction sale, and all its
very least intended for public service. Whether intended for public use or public effects, of the Airport Lands and Buildings of the Manila International Airport
service, the Airport Lands and Buildings are properties of public dominion. As Authority.
properties of public dominion, the Airport Lands and Buildings are owned by the
Republic and thus exempt from real estate tax under Section 234(a) of the Local No costs.
Government Code.
SO ORDERED
4. Conclusion

Under Section 2(10) and (13) of the Introductory Provisions of the Administrative
Code, which governs the legal relation and status of government units, agencies
G.R. No. 185638 request of Lourdes, the Sanggunian created an appraisal committee, composed
of City Assessor of Cabanatuan Lorenza L. Esguerra as Chairman, with City
HONORABLE ALVIN P. VERGARA, IN HIS CAPACITY AS CITY MAYOR OF Treasurer Bernardo C. Pineda and City Engineer Mac Arthur C. Yap as members,
CABANATUAN CITY AND SANGGUNIANG PANLUNGSOD OF CABANATUAN to determine the proper amount of just compensation to be paid by
CITY, Petitioners the Sanggunian for the subject land. The Appraisal Committee then issued
vs. Resolution No. 20-S-2001 7 recommending the payment of P2,295.00 per sq mas
LOURDES MELENCIO S GRECIA, REPRESENTED BY RENATO GRECIA, AND SANDRA just compensation.8
MELENCIO IN REPRESENTATION OF MA. PAZ SAGADO VDA. DE MELENCIO,
CONCHITA MELENCIO, CRISTINA MELENCIO AND LEONARDO MELENCIO, Thereafter, the Sanggunian issued Resolution No. 148-20009 authorizing Mayor
Respondents Vergara to negotiate, acquire, purchase and accept properties needed by
the Sanggunian for its project.
DECISION
Pursuant to the said resolution, on December 4, 2001, Mayor Vergara executed a
REYES, J.: Memorandum of Agreement10(MOA) with Lourdes as Attorney-in-fact of the
respondents, whereby the Sanggunian bound itself to pay the respondents the
Before this Cpurt is a petition for review on certiorari1 seking to annul and set amount of Pl 7,028,900.00 in 12 years at the rate of
aside the Decision2 dated August 8, 2008 and the Resolution3 dated December 5,
2008 of the Court of Appeals(CA) in CA-G.R. SP No. 97851. The CA affirmed with ₱1,419,075.00 every year starting the first quarter of 2002 as payment of the
modification the Order4 dated November 8, 2006 of the Regional Trial Court subject land.
(RTC) of Cabanatuan City, Branch 86, and the Order5 dated January 30, 2007
issued by the RTC of Cabanatuan City, Branch 30, in Civil Case No. 5078, and More than four years had lapsed after the signing of the MOA but no payment
reduced the amount to be paid by Honorable Julius Cesar Vergara (Mayor was ever made by the petitioners to the respondents despite the fact that the
Vergara), in his capacity as Mayor of Cabanatuan City, and the Sangguniang subject land was already taken by the petitioners and was being used by the
Panlungsod of Cabanatuan (Sanggunian) (petitioners) from Ten Million Pesos constituents of the City of Cabanatuan.11
(Pl0,000,000.00) to Two Million Five Hundred Fifty-Four Thousand Three
Hundred Thirty-Five Pesos (₱2,554,335.00) representing 15o/o of the total value Despite personal and written demands,12 the petitioners still failed to pay the
of the property of Lourdes Melencio S. Grecia (Lourdes), represented by Renato respondents the just and fair compensation of the subject land.13 In a
Grecia, and Sandra Melencio, in representation of Ma. Paz, Conchita, Cristina letter14 dated November 18, 2005, Mayor Vergara said that
and Leonardo, all surnamed Melencio (respondents). the Sangguniandenied the ratification of the MOA per its Resolution No. 129-
20015 on the ground of fiscal restraint or deficit of the Sanggunian. In view of this
The Facts resolution, Mayor Vergara claimed that the said MOA could neither be enforced,
nor bind the Sanggunian.
The subject of this petition is a parcel of land covered by Transfer Certificate of
Title No. T-101793, with an area of 7,420 square meters, more or less, situated Aggrieved, on December 29, 2005, the respondents filed a petition
in Barangay Barrera, Cabanatuan City, and registered under the name of the for mandamus16 before the RTC of Cabanatuan City, which was raffled to Branch
respondents.6 86.

The record showed that sometime in 1989, the subject land was taken by the On September 18, 2006, R TC-Branch 86 rendered its Order17 in favor of the
Sanggunian for road-right-of-way and road widening projects. Despite the taking respondents, thus:
of the subject land and the completion of the road widening projects, the
Sanggunian failed to tender the just compensation to the respondents. Upon the
WHEREFORE, let a writ of mandamus be issued compelling [the petitioners] to On appeal, the CA, in its Decision29 dated August 8, 2008, affirmed the trial
pay the [respondents] the following sums of money: court's order but modified the same by reducing the amount to be paid by the
petitioners from ₱10,000,000.00 to ₱2,554,335.00 representing 15% of the
1. Php17,028,900.00 as just compensation of their.property taken by the value of the property as provided by law.30 Undeterred, the petitioners filed a
Sanggunian plus accrued legal interest thereon from the filing of this case until motion for reconsideration31 but it was denied. 32 Hence, this petition.
fully paid;
For their part, the petitioners argue that the subject land is a subdivision road
2. Php50,000.00 as attorney's fees; and which is beyond the commerce of man as provided for in Section 50 of
Presidential Decree (P.D.) No. 1529.33 Thus, the said contract entered into by
3. Php50,000.00 as actual expenses and damages. Mayor Vergara with the respondents is null and void, and there is no obligation
on the part of the petitioners to pay the respondents. 34
SO ORDERED. 18
The Issue
The petitioners immediately filed their appeal19 before the CA, docketed as CA-
G.R. SP No. 98397. However, before the records of appeal were submitted to the The main issue before this Court is whether there is propriety in the partial
CA, the respondents filed a Motion for Partial Execution20 before the RTC-Branch execution of the judgment pending appeal.
86.21
Ruling of the Court
On November 8, 2006, the RTC-Branch 86 issued an Order22 granting the
respondents' motion and thereby ordering the petitioners to pay the sum of The petition is bereft of merit.
₱10,000,000.00 as partial execution of the decision. The petitioners then filed a
motion for inhibition and a motion for reconsideration.23 To begin with, the Court notes that there has already been a final judgment in
CA-G.R. SP No. 98397. The CA Third. Division issued a Resolution35 dated March
On November 17, 2006, RTC-Branch 86 issued an Order granting the motion for 14, 2008 dismissing the petitioners' appeal on the ground of lack of jurisdiction
inhibition which subsequently led to the assignment by raffle of the case to RTC- stating that the issues that were raised are pure questions of law. The petitioners
Branch 30.24 filed a motion for reconsideration but it was also denied.36 hence, the case was
elevated to this Court which was docketed as G.R. No. 186211. However, in a
On January 30, 2007, RTC-Branch 30 issued an Order25 denying the petitioners' Resolution dated June 22, 2011, the Court Second Division likewise denied the
motions. petition.

On February 7, 2007, a writ of execution was issued. Accordingly, a Notice· of It is uncontroverted that the subject land was taken by the petitioners without
Garnishment was issued to the manager of United Coconut Planters Bank of paying any compensation to the respondents that is too long to be ignored. The
Cabanatuan City. 26 petitioners, however, argue that they are not obliged to pay the respondents
because the subject land is burdened by encumbrances37 which showed that it is
Aggrieved, the petitioners filed a Petition for Certiorari with urgent Motion for a subdivision lot which is beyond the commerce of man. Thus, the MOA between
the Issuance of a Temporary Restraining Order and Writ of Preliminary the petitioners and the respondents is null and void. To support their argument,
Injunction27 before the CA. they invoked Section 50 of P.D. No. 1529.38 Essentially, the sole issue for
resolution is whether the petitioners are liable for just compensation. Hence, the
In a Resolution28 dated February 26, 2007, the CA granted the petitioners’ prayer pertinent point of inquiry is whether the subject land of the respondents is
for an injunctive relief and enjoined the RTC-Branch 30 Presiding Judge and beyond the commerce of man as provided for in Section 50 of P.D. No. 1529.
Sheriff from enforcing the said writ of execution and orders.
Meanwhile, a look at the petition in CA-G.R. SP No. 98397, now G.R. No. 186211, compensate the owner for his or her sacrifice, lest it violates the constitutional
would show that the petitioners interposed the same issues in their appeal: (1) provision against taking without just . compensation, thus:
the subject land is not within the commerce of men, hence, the MOA is void; (2)
the petitioners are under estoppel to deny its liability under the MOA; (3) Mayor Section 9. Private property shall not be taken for public use without just
Vergara has no authority to sign the MOA prior to its approval by the compensation.
Sanggunian; and (4) there is no basis for the lower court to award attorney's fees
and damages.39 As with all laws, Section 50 of the Property Registration Decree cannot be
interpreted to mean a license on the part of the government to disregard
Since these issues did not merit the attention of the Court in G.R. No. 1 86211, constitutionally guaranteed rights. 42 (Citations omitted)
the Court will now put all these issues to rest.
Apparently, the subject land is within the commerce of man and is therefore a
ONE. The alleged encumbrance in the respondents’ title ad interpretation and proper subject of an expropriation proceeding. Pursuant to this, the MOA
application of Section 5040 of P.D. No. 1529 are no longer novel since this Court between the petitioners and the respondents is valid and binding. Thus, there is
had already made a definitive ruling on the mater in the case of Republic of the no need to discuss the matter of the petitioners' estoppel or the authority of
Philippines v. Ortigas and Company Limited Partnership,41 Mayor Vergara to sign the MOA.

where the Court ruled that therein petitioners' reliance on Section 50 of P.D. No. TWO. The petitioners are liable to pay the full market value of the subject land.
1529 is erroneous since it contemplates roads and streets in a subdivided
property, not public thoroughfares built on a private property that was taken Without a doubt, the respondents are entitled to the payment of just
from an owner for public purpose. A public thoroughfare is not a subdivision compensation. The right to recover just compensation is enshrined in the Bill of
road or street. Rights; Section 9, Article III of the 1987 Constitution states that no private
property shall be taken for public use without just compensation.
Section 50 contemplates roads and streets in a subdivided property, not public
thoroughfares built on a private property that was taken from an owner for There is no question raised concerning the right of the petitioners here to
public purpose. A public thoroughfare is not a subdivision road or street. acquire the subject land under the power of eminent domain. But the exercise of
such right is not unlimited, for two mandatory requirements should underlie the
xxxx Government's exercise of the power of eminent domain namely: (1) that it is for
a particular public purpose; and (2) that just compensation be paid to the
Delineated roads and streets, whether part of a subdivision or segregated for property owner. These requirements partake the nature of implied conditions
public use, remain private and will remain as such until conveyed to the that should be complied with to enable the condemnor to keep the property
·government by donation or through expropriation proceedings. An owner may expropriated. 43
not be forced to donate his or her property even if it has been delineated as road
lots because that would partake of an illegal taking. He or she may even choose Undisputedly, in this case, the purpose of the condemnation is public but there
to retain said properties. If he or she chooses to retain them, however, he or she was no payment of just compensation to the respondents. The petitioners
also retains the burden of maintaining them and paying for real estate taxes. should have first instituted eminent domain proceedings and deposit with the
authorized government depositary an amount equivalent to the assessed value
xxxx of the subject land before it occupied the same. Due to the petitioners' omission,
the respondents were constrained to file inverse condemnation proceedings to
x x x [W]hen the road or street was delineated upon government request and demand the payment of just compensation before the trial court. From 1989
taken for public use, as in this case, the government has no choice but to until the present, the respondents were deprived of just compensation, while
the petitioners continuously burdened their property.
The determination of just compensation in eminent domain cases is a judicial where substantial conflict arose on the issue of whether expropriation is proper;
function and any valuation for just compensation laid down in the statutes may the respondents voluntarily submitted to expropriation and surrendered their
serve only as a guiding principle or one of the factors in determining just landholdings, and never contested the valuation that was made. Apparently, had
compensation but it may not substitute the court's own judgment as to what the petitioners paid the just compensation on the subject land, there would have
amount should be awarded and how to arrive at such amount.44 been no need for this case. But, as borne by the records, the petitioners refused
to pay, telling instead that the subject land is beyond the commerce of man.
An evaluation of the circumstances of this case and the parties' arguments Hence, the respondents have no choice but to file actions to claim what is justly
showed that the petitioners acted oppressively in their position to deny the due to them. Consequently, interest must be granted to the respondents.
respondents of the just compensation that the immediate taking of their
property entailed. The Court cannot allow the petitioners to profit from its The rationale for imposing the interest is to compensate the petitioners for the
failure to comply with the mandate of the law. To adequately compensate the income they would have made had thel been properly compensated for their
respondents from the decades of burden on their land, the petitioners should be properties at the time of the taking. 46 There is a need for prompt payment and
made to pay the full value of Pl 7,028,900.00 representing the just compensation the necessity of the payment of interest to compensate for any delay in the
of the subject land at the time of the filing of the instant complaint when the payment of compensation for property already taken. 47 Settled is the rule that
respondents made a judicial demand for just compensation. the award of interest is imposed in the nature of damages for delay in payment
which in effect makes the obligation on the part of the government one of
THREE. The undue delay of the petitioners to pay the just compensation brought forbearance. This is to ensure prompt payment of the value of the land and limit
about the basis for the grant of interest.1âwphi1 the opportunity loss of the owner that can drag from days to decades. 48

Apart from the requirement that compensation for expropriated land must be Based on a judicious review of the records and application of jurisprudential
fair and reasonable, compensation, to be "just", must also be made without rulings, legal interest shall be pegged at the rate of twelve percent (12%) per
delay. Without prompt payment, compensation cannot be considered "just" if annum, reckoned from the time of the filing of the complaint for expropriation,
the property is immediately taken as the property owner suffers the immediate which in this case is on December 29, 2005, the date when the respondents filed
deprivation of both his land and its fruits or income. 45 a petition for mandamus to compel the petitioners to comply with the MOA.
Thereafter, or beginning July 1, 2013, until fully paid, just compensation shall
Obviously, the delay in payment of just compensation occurred and cannot at all earn interest at the new legal rate of six percent (6%) per annum, conformably
be disputed. The undisputed fact is that the respondents were deprived of their with the modification on the rules respecting interest rates introduced by the
lands since 1989 and have not received a single centavo to date. The petitioners Bangko Sentral ng Pilipinas Monetary Board Circular No. 799, Series of 2013.49 To
should not be allowed to exculpate itself from this delay and should suffer all the clarify, this incremental interest is not granted on the computed just
consequences the delay has caused. compensation; rather, it is a penalty imposed for damages incurred by the
landowner due to the delay in its payment.50
The Court has already dealt with cases involving similar background and issues,
that is, the government took control and possession of the subject properties for FOURTH. The award of exemplary damages and attorney's fees is warranted.
public use without initiating expropriation proceedings and without payment of
just compensation, and the landowners failed for a long period of time to The taking of the respondents' subject land without the benefit of expropriation
question such government act and later instituted actions to recover just proceedings and without payment of just compensation, clearly resulted in an
compensation with damages. "expropriate now, pay later" situation, which the Court abhors. It has been more
than two decades since the petitioners took the subject land without a timely
Here, the records showed that the respondents fully cooperated with the expropriation proceeding and without the petitioners exerting efforts to
petitioners' road widening program, and allowed their landholdings to be taken negotiate with the respondents.
by the petitioners without any questions. The present case therefore is not one
This irregularity will not proceed without any consequence. The Court had (₱200,000.00), and attorney's fees equivalent to one percent (1%) of the amount
repeatedly ruled that the failure of the government to initiate an expropriation due. Lastly, legal interest shall be pegged at the rate of twelve percent (2%) per
proceeding to the prejudice of the landowner may be corrected with the annum, from the time of judicial demand on December 29, 2005. Thereafter, or
awarding of exemplary damages, attorney's fees and costs of litigation.51 beginning July 1, 2013, until fully paid, just compensation shall earn interest at
the new legal rate of six percent (6%) per annum.
Evidently, the petitioners' oppressive taking of the subject land for a very long
period of time surely resulted in pecuniary loss to the respondents. The SO ORDERED.
petitioners cannot now be heard to claim that they were simply protecting their
interests when they stubbornly defended their erroneous arguments before the BIENVENIDO L. REYES
courts. The more truthful statement is that they adopted a grossly unreasonable Associate Justice
position and the unwanted developments that followed, particularly the
attendant delay, should be directly chargeable to them.

Indeed, the respondents were deprived of their subject land for road widening
programs, were uncompensated, and were left without any expropriation
proceeding undertaken. Hence, in order to serve as a deterrent to the State for
failing to institute such proceedings within the prescribed period under the law,
the award of exemplary damages and attorney's fees is in order.

In sum, the respondents have waited too long before the petitioners fully pay
the amount of the just compensation due them. Since the trial court had already
made the proper determination of the amount of just compensation in
accordance with law and to forestall any further delay in the resolution of this
case, it is but proper to order the petitioners to pay in full the amount of
₱17,028,900.00 representing the just compensation of the subject land.
Furthermore, the respondents are entitled to· an additional grant of interest,
exemplary damages and attorney's fees. In accordance with existing
jurisprudence, the award of exemplary damages in the amount of ₱200,000.00 is
proper, as well as attorney's fees equivalent to one percent (1%) of the total
amount due.

WHEREFORE, the petition is DENIED. The Decision dated , August 8, 2008 and the
Resolution dated December 5, 2008 of the Court of Appeals in CA-G.R. SP No.
97851 are AFFIRMED with MODIFICATION. Honorable Alvin P. Vergara, in his
capacity as Mayor of Cabanatuan City, and the Sangguniang Panlungsod of
Cabanatuan are hereby ordered to PAY Lourdes Melencio S. Grecia, represented
by Renato Grecia, and Sandra Melencio, in representation of Ma. Paz Salgado V
da. De Melencio, Conchita Melencio, Cristina Melencio and Leonardo Melencio
the amount of Seventeen Million Twenty-Eight Thousand Nine Hundred Pesos
(₱17,028,900.00) representing the just compensation of the subject land,
exemplary damages in the amount of Two Hundred Thousand Pesos