Title
Batangas City vs. Pilipinas Shell Petroleum Corp.
Case
G.R. No. 187631
Decision Date
Jul 8, 2015
Batangas City attempted to impose business taxes and excessive fees on Shell's petroleum operations; SC ruled LGUs cannot tax petroleum products under LGC.

Case Digest (G.R. No. 187631)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • Petitioners
      • Batangas City, a local government unit (LGU) with capacity to sue and be sued.
      • Maria Teresa Geron, City Treasurer; Teodulfo A. Deguito, City Legal Officer of Batangas City.
    • Respondent
      • Pilipinas Shell Petroleum Corporation (PSPC), operator of an oil refinery and depot in Tabangao, Batangas City.
  • Assessment and Protest
    • February 20, 2001 Assessment
      • Business taxes of ₱92,373,720.50 (manufacture) and ₱312,656,253.04 (distribution) of petroleum products.
      • Mayor’s Permit Fee of ₱4,299,851.00 based on gross sales.
      • Basis: Section 134, Local Government Code (LGC) of 1991 and Section 23, Batangas City Tax Code of 2002.
    • Protest and Denial
      • PSPC’s protest (April 17, 2002): challenged authority to impose business tax on petroleum manufacture/distribution; contended that permit fees were excessive, arbitrary and confiscatory.
      • Petitioners’ denial (May 13, 2002): invoked Section 14, Batangas City Tax Code to withhold issuance of Mayor’s Permit for non-payment.
  • RTC Proceedings
    • Petition for Review before RTC Batangas City (June 17, 2002): reiterated non-liability and unreasonableness of fees.
    • RTC Decision (October 29, 2004)
      • Upheld business taxes: ordered PSPC to pay ₱405,030,003.54.
      • Revoked Mayor’s Permit Fee of ₱4,299,851.00 as grossly excessive.
    • Motion for Reconsideration denied (February 28, 2005).
  • CTA Proceedings
    • Petition for Review with Urgent Application to CTA Second Division (April 27, 2005)
      • Writ of Preliminary Injunction granted upon ₱500,000,000.00 surety bond; collection of taxes held in abeyance.
    • CTA Second Division Decision (June 21, 2007)
      • Modified RTC judgment: held PSPC not liable for business taxes on manufacture and distribution.
      • Declared Mayor’s Permit Fee excessive; ordered refund of ₱3,525,010.50 as tax credit.
    • Motion for Clarification (July 13, 2007): corrected refund amount to ₱3,870,860.00; Amended Decision issued.
    • Denial of Reconsideration (November 21, 2007).
    • CTA En Banc Decision (January 22, 2009): affirmed in toto the Amended Decision and Resolution.
    • Denial of Reconsideration by CTA En Banc (April 13, 2009).
  • Supreme Court Petition
    • Petitioners filed Rule 45 petition for review, assigning errors in the CTA’s interpretation of Sections 133(h) and 143(h) of the LGC regarding local business taxation of petroleum products.

Issues:

  • Whether a local government unit, under the Local Government Code of 1991, is empowered to impose business taxes on entities engaged in the manufacture and distribution of petroleum products.
  • Whether Section 133(h) of the LGC, which prohibits “taxes, fees or charges on petroleum products,” forbids imposition of local business taxes on petroleum manufacturing and distribution.
  • Whether the term “taxes” in Section 133(h) excludes local business taxes and distinguishes between taxes on articles and taxes on business.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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