Title
Casco Philippine Chemical Co., Inc. vs. Gimenez
Case
G.R. No. L-17931
Decision Date
Feb 28, 1963
Petitioner sought refund of foreign exchange margin fees for importing urea and formaldehyde separately, claiming exemption under RA 2609. Supreme Court denied, ruling exemption applies only to "urea formaldehyde" as a finished product, not separate raw materials.

Case Digest (G.R. No. L-17931)
Expanded Legal Reasoning Model

Facts:

  • Regulatory and statutory background
    • Republic Act No. 2609 (Foreign Exchange Margin Fee Law) empowered the Monetary Board to fix a margin fee on foreign exchange transactions.
    • On July 1, 1959, the Central Bank of the Philippines issued Circular No. 95 imposing a uniform 25% margin fee; a subsequent memorandum set forth procedures for exemption applications.
  • Petitioner’s importations and refund applications
    • November–December 1959: Casco Philippine Chemical Co., Inc. purchased foreign exchange for the importation of urea and formaldehyde (raw materials for synthetic resin glues) and paid P33,765.42 in margin fees.
    • May 1960: The petitioner made a similar purchase and paid P6,345.72 in fees. Refund requests for both sums were filed, relying on Monetary Board Resolution No. 1529 (Nov. 3, 1959) exempting “urea formaldehyde.”
    • The Central Bank auditor refused to pass the refund vouchers, holding that Section 2, paragraph XVIII of RA 2609 exempts only “urea formaldehyde” (the finished resin), not the separate chemicals. The Auditor General affirmed that denial.

Issues:

  • Statutory scope of exemption
    • Whether the phrase “urea formaldehyde for the manufacture of plywood and hardboard when imported by and for the exclusive use of end-users” in Section 2, paragraph XVIII of RA 2609 covers separate importations of (a) urea and (b) formaldehyde.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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