Title
Supreme Court
Metropolitan Waterworks and Sewerage System vs. Central Board of Assessment Appeals
Case
G.R. No. 215955
Decision Date
Jan 13, 2021
MWSS, a government instrumentality, contested Pasay City's real property tax assessment. SC ruled MWSS exempt unless properties' beneficial use is granted to taxable entities, voiding assessments and allowing refund claims.

Case Digest (G.R. No. 215955)
Expanded Legal Reasoning Model

Facts:

  • Creation and Charter of MWSS
    • Republic Act No. 6234 (1971) created the Metropolitan Waterworks and Sewerage System (MWSS) as a government instrumentality vested with corporate powers to ensure water supply and manage sewerage systems in Metro Manila, Rizal, and part of Cavite.
    • The Charter exempted MWSS properties and facilities from taxation.
  • Concession Agreement
    • Under RA No. 8041 (1995), MWSS in 1997 granted a concession to Maynilad Water Services, Inc. for the West Zone (including Pasay City).
    • Pasay City asserted that the concession transferred the actual use of MWSS real properties to a taxable entity.
  • Tax Assessments and Administrative Proceedings
    • In February 2008, the Pasay City Treasurer issued real property tax computations for MWSS (taxable year 2008) amounting to ₱166,629.36; MWSS filed a written protest and later appealed to the Local Board of Assessment Appeals (LBAA).
    • The LBAA held MWSS a government-owned or ‑controlled corporation (GOCC), not an instrumentality, and sustained the assessment.
    • On appeal, the Central Board of Assessment Appeals (CBAA) affirmed the assessment’s finality on procedural grounds and denied MWSS’s motion for reconsideration, ruling that RPT exemption under MWSS’s Charter was withdrawn by LGC Section 234.
    • The Court of Appeals (CA) dismissed MWSS’s appeal for failure to exhaust remedies under LGC Sections 206 and 252; MWSS’s motion for reconsideration was denied (June 3 and December 11, 2014).
  • Petition for Review
    • MWSS filed a Petition for Review on Certiorari under Rule 45 challenging the CA resolutions.
    • The Supreme Court granted partial relief in a decision penned by Justice Lopez on January 13, 2021.

Issues:

    • Did the CA err in dismissing MWSS’s appeal for failure to exhaust administrative remedies?
    • Is Pasay City authorized to assess and collect real property taxes from MWSS?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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