Title
Caltex Philippines, Inc. vs. Commission on Audit
Case
G.R. No. 92585
Decision Date
May 8, 1992
The Supreme Court upheld COA’s authority, disallowing Caltex’s OPSF claims for unsubstantiated reimbursements and prohibiting offsetting remittances, emphasizing public purpose and strict tax exemption construction.

Case Digest (G.R. No. 92585)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • Petitioner Caltex Philippines, Inc. (CPI) seeks review under Rule 65 of the Rules of Court (certiorari) of Commission on Audit (COA) decisions disallowing CPI’s claims for reimbursement from the Oil Price Stabilization Fund (OPSF) and preventing offset of remittances against reimbursements.
    • COA, by letters dated February 2, 1989 and March 9, 1989, directed CPI to remit unpaid OPSF collections (totaling over ₱1.28 billion for 1986–1988) and held its reimbursement claims in abeyance, also prohibiting further offsetting.
  • OPSF Framework
    • Created under Section 8, Presidential Decree No. 1956 (as amended by E.O. 137):
      • Sources of funding include ad valorem/customs tax increases, lifting tax exemptions, additional imposts, and peso cost differentials.
      • Uses include reimbursement for (1) cost increases due to exchange‐rate/world‐price changes and (2) cost underrecovery from mandated domestic price reductions. Underrecovery “includes” reduction in company take, internal ad valorem tax cuts, and “other factors” determined by the Department of Finance.
    • COA pre-audit and subsequent Decision No. 921 (June 7, 1989) accepted CPI’s proposal for simultaneous remittance and reimbursement, subject to retention and no further offsets. Decision No. 1171 (February 16, 1990) later disallowed financing charges, inventory losses, and sales to Atlas/Marcopper, but allowed export sales reimbursements.
  • Procedural History
    • CPI filed the present petition on March 28, 1990, assigning errors to COA’s disallowances (financing charges, NPC sales, Atlas/Marcopper sales), prohibition on offsets, and disallowance of pending claims.
    • COA and Commissioners filed comment (September 6, 1990); Supreme Court gave due course (May 30, 1991) and resolved memoranda by petitioner (August 14, 1991) and respondents (September 6, 1990).

Issues:

  • Whether COA validly disallowed CPI’s recovery of financing charges from the OPSF.
  • Whether CPI’s underrecovery claim on sales to the National Power Corporation (NPC) is reimbursable.
  • Whether CPI may recover reimbursements on sales to Atlas Consolidated Mining & Development Corporation and Marcopper Mining Corporation.
  • Whether CPI may offset its OPSF remittances against its reimbursement claims.
  • Whether COA properly disallowed CPI’s claims pending resolution at the Office of Energy Affairs (OEA) and Department of Finance (DOF).

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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