Title
Mactan-Cebu International Airport Authority vs. City of Lapu-Lapu and Pacaldo
Case
G.R. No. 181756
Decision Date
Jun 15, 2015
MCIAA, managing Cebu airports, contested realty taxes post-Local Government Code. SC ruled properties for public use exempt; tax collection and auction void due to lack of valid ordinance.

Case Digest (G.R. No. 230170)
Expanded Legal Reasoning Model

Facts:

  • Creation and Charter of MCIAA
    • Republic Act No. 6958 (July 31, 1990):
      • Establishes Mactan–Cebu International Airport Authority (MCIAA) as a body corporate attached to the Department of Transportation and Communications.
      • Functions: control, manage, supervise Mactan International Airport (Lapu-Lapu City) and Lahug Airport (Cebu City); develop other Cebu airports.
      • Powers: formulate policies; construct, maintain, operate facilities; exercise corporate powers under the Corporation Code; acquire, lease or dispose of properties (except those important to national security without President’s approval); exercise eminent domain; police authority on premises; levy fees.
      • Section 14: exempts MCIAA from realty taxes imposed by national or local governments, except for subsidiaries.
  • Local Government Code Impact and Tax Assessments
    • Mactan–Cebu Intl. Airport Authority v. Marcos (1996): held that RA 7160 (Local Government Code of 1991) withdrew MCIAA’s exemption from real property taxes.
    • January 1997: City of Lapu-Lapu issues realty tax assessment (~₱162 million; later adjusted to ₱151 million) covering all airport lots, including airfield/runway/taxiway.
    • MCIAA pays installments (₱4 million, then ₱6 million monthly), totaling ₱275.7 million by December 2003, but protests inclusion of exclusively governmental-use lots.
  • Administrative Opinions and Local Government Actions
    • DOJ Opinion No. 50 (1998): affirms airfield/runway/taxiway are owned by the Republic, held in trust by MCIAA, thus public dominion and tax-exempt.
    • Department of Finance indorsements direct City of Lapu-Lapu to transfer these lots to exempt roll (May & Aug 1998).
    • City Treasurer issues updated statements (up to 2002) and Notices of Levy on 18 property sets.
  • Judicial Proceedings
    • RTC Lapu-Lapu City (SCA No. 6056-L, 2003–2005):
      • MCIAA files petition for prohibition and TRO/injunction to stop levy/auction; initial TRO granted, later lifted.
      • December 2004: preliminary injunction issued; December 2005: lifted upon City’s showing of valid omnibus tax ordinance (Ordinance No. 44, 1980) and authority to collect Special Education Fund (RA 5447) and penalty interest.
    • Court of Appeals (CA-G.R. SP 01360, 2007–2008):
      • October 8, 2007 Decision: affirms MCIAA as GOCC, not exempt from realty taxes, SEF levy, penalty interest; invalidates auction sale but recognizes City’s limited lien.
      • February 12, 2008 Resolution: denies MCIAA’s partial motion for reconsideration (MCIAA vs. MIAA distinction).
    • Supreme Court certiorari petition by MCIAA under Rule 45.

Issues:

  • Classification of MCIAA: GOCC vs. national government instrumentality.
  • Whether MCIAA’s airport lands and buildings (airfield, runway, taxiway, terminal, associated lots) are exempt from local real property taxes.
  • Whether City of Lapu-Lapu validly imposed basic real property tax without a new local ordinance.
  • Validity of additional 1% Special Education Fund levy without ordinance.
  • Validity and extent of penalty interest or surcharge imposed without ordinance.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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