Title
Manila Gas Corp. vs. Collector of Internal Revenue
Case
G.R. No. 42780
Decision Date
Jan 17, 1936
Manila Gas Corp. sought tax refund for withheld dividends/interest paid to foreign corporations; SC ruled payments subject to Philippine income tax, citing separate juridical personality and income source.

Case Digest (A.M. No. 10-11-5-SC, 10-11-6-SC, 10-11-7-SC)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • Manila Gas Corporation (domestic corporation) operates a gas plant in Manila under a franchise from the Philippine Government, which stipulates an annual payment of 2½% of gross receipts in lieu of all taxes except real estate and personal property taxes.
    • Islands Gas and Electric Company (New York) and General Finance Company (Zurich) are foreign, non-resident stockholders of Manila Gas.
  • Payments and Tax Withheld
    • For 1930–1932, dividends of ₱1,348,847.50 paid to Islands Gas and Electric Company, with withholding tax of ₱40,460.03.
    • Interest on bonds totaling ₱411,600 paid to Islands Gas and Electric Company, with withholding tax of ₱12,348.00.
    • Interest on other indebtedness totaling ₱131,644.90 paid to both foreign corporations, with withholding tax of ₱3,949.34.
  • Procedural History
    • Manila Gas filed suit to recover ₱56,757.37 withheld under protest.
    • Trial court dismissed the complaint with costs.
    • Plaintiff appealed, assigning two principal errors: (a) dividend withholding violates its franchise and contract clause; (b) interest paid abroad to non-residents is not Philippine-source income.

Issues:

  • Whether dividends paid by Manila Gas to foreign corporate stockholders are exempt from Philippine withholding tax by virtue of the franchise “in lieu of all taxes” clause, and whether taxing such dividends impairs a contract.
  • Whether interest on bonds and other indebtedness paid outside the Philippines to non-resident corporations constitutes Philippine-source income subject to Philippine withholding tax.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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