Facts:

• The case Aboitiz Shipping Corp. vs. City of Cebu (G.R. No. L-14526) was decided by the Supreme Court of the Philippines on March 31, 1965.
• Plaintiffs-appellants included Aboitiz Shipping Corporation and other shipping companies.
• Defendants-appellees were the City of Cebu, represented by City Treasurer Felipe Pareja and Mayor Sergio Osmeña, Jr.
• The controversy arose from Ordinance No. 207, enacted on August 14, 1956, imposing wharfage dues on watercraft using public wharves in Cebu.
• The wharves in question were owned by the National Government.
• Shipping companies began paying the wharfage fees under protest starting September 1, 1956.
• On May 8, 1957, they filed a complaint in the Court of First Instance of Manila to declare the ordinance void, enjoin its enforcement, and seek a refund.
• The lower court dismissed the complaint, leading to an appeal to the Supreme Court.

Issue:

• (Unlock)

Ruling:

• The Supreme Court ruled in favor of the plaintiffs-appellants.
• The City of Cebu was found to lack the authority to collect wharfage dues on National Government-owned wharves.
• Ordinance No. 207 was declared null and voi...(Unlock)

Ratio:

• The Court interpreted "public wharves" as defined in the City of Cebu's charter, clarifying that "public" refers to usage rather than ownership.
• The right to impose wharfage dues is contingent upon ownership; since the wharves were owned by the National Government, only it had the authority to collect fees.
• The Court emphasized that the ...continue reading