PFB v. CBA

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Philippine Fisheries Development vs.

Central Board of Assessment


G.R. No. 178030

FACTS:
The records show that the Lucena Fishing Port Complex (LFPC) is one of the fishery infrastructure
projects undertaken by the National Government under the Nationwide Fish Port-Package. The Philippine
Fisheries Development Authority (PFDA) was created by virtue of P.D. 977 as amended by E.O. 772, with
functions and powers to (m)anage, operate, and develop the Navotas Fishing Port Complex and such other
fishing port complexes that may be established by the Authority. Pursuant thereto, Petitioner-Appellant PFDA
took over the management and operation of LFPC in February 1992.
On October 26, 1999, in a letter addressed to PFDA, the City Government of Lucena demanded payment
of realty taxes on the LFPC property for the period from 1993 to 1999 in the total amount of P39, 397,880.00.
Petitioner appealed to the LBAA of Lucena City which denied the same.

ISSUE:
The sole issue raised in this petition is whether PFDA is liable for the real property tax assessed on the
Lucena Fishing Port Complex.

HELD:
The Supreme Court held that the PFDA is a government instrumentality not subject to real property tax
except those portions of the Navotas Fishing Port Complex that were leased to taxable or private persons and
entities for their beneficial use. Similarly, as a government instrumentality, the PFDA is exempt from real
property tax imposed on the Lucena Fishing Port Complex, except those portions which are leased to private
persons or entities.
The exercise of the taxing power of local government units is subject to the limitations enumerated in
Section 133 of the Local Government Code. Under Section 133(o) of the Local Government Code, local
government units have no power to tax instrumentalities of the national government like the PFDA. Thus, PFDA
is not liable to pay real property tax assessed by the Office of the City Treasurer of Lucena City on the Lucena
Fishing Port Complex, except those portions which are leased to private persons or entities.
Besides, the Lucena Fishing Port Complex is a property of public dominion intended for public use, and
is therefore exempt from real property tax under Section 234(a) of the Local Government Code. Properties of
public dominion are owned by the State or the Republic of the Philippines.

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