Title
Angeles City vs. Angeles Electric Corporation
Case
G.R. No. 166134
Decision Date
Jun 29, 2010
AEC contested local taxes, claiming exemption under RA 4079 and double taxation. SC upheld injunction, ruling LGC allows restraining local tax collection pending disputes.

Case Digest (G.R. No. 166134)
Expanded Legal Reasoning Model

Facts:

  • Legislative and regulatory background
    • In 1964, Angeles Electric Corporation (AEC) received a franchise under Republic Act No. 4079, with franchise tax on gross earnings in lieu of all local and national taxes (Sec. 3-A).
    • In 1974, PD 551 fixed the franchise tax at 2% of gross receipts “in lieu of all taxes and assessments of whatever nature imposed by any national or local authority.”
    • In 1992, RA 7160 (Local Government Code) empowered cities to tax businesses enjoying a franchise (up to 0.5% of gross receipts).
    • In 1993, Angeles City enacted Tax Ordinance No. 33 (Revised Revenue Code) imposing local business taxes, including on franchises.
  • Administrative petition and assessment
    • In February 1994, Metro Angeles Chamber of Commerce (including AEC) petitioned to reduce rates under the new City Code; the Department of Finance/BLGF indorsed amendments to ensure compliance with the LGC.
    • From July 1995 onward, AEC paid both national franchise tax (to BIR) and local franchise tax (to City Treasurer) quarterly.
    • On January 22, 2004, the City Treasurer assessed AEC for business tax, license fees, surcharges and penalties for 1993–2004, totaling ₱94,861,194.10.
    • AEC protested the assessment on grounds of RA 4079 exemption, double taxation, prescription (five-year period), and retroactivity; the protest was denied on February 17, 2004.
  • Proceedings before the RTC
    • AEC appealed the denial via a Petition for Declaratory Relief (Civil Case No. 11401) before RTC Angeles City, Branch 57.
    • On April 5, 2004, the City Treasurer levied on AEC’s real properties; auction was set for May 7, 2004.
    • AEC filed an Urgent Motion for TRO and/or Writ of Preliminary Injunction to enjoin levy, seizure and auction of its properties.
    • RTC issued a TRO on May 4, 2004, then granted a Writ of Preliminary Injunction on May 28, 2004 (amended May 31) conditioned on a ₱10 million bond.
    • Angeles City and the Treasurer moved to dissolve/invoke reconsideration on August 5, 2004; RTC denied the motion on October 14, 2004.
  • Petition for certiorari to the Supreme Court
    • Angeles City filed a Rule 65 petition seeking to annul the preliminary injunction, arguing injunctions may not restrain tax collection and the RTC gravely abused its discretion.

Issues:

  • Did the RTC gravely abuse its discretion in issuing a writ of preliminary injunction enjoining Angeles City and its Treasurer from levying, seizing, and auctioning AEC’s properties?
  • Does the prohibition against injunctions restraining tax collection under national tax law apply to local taxes under the LGC?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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