Title
Mindanao Bus Co. vs. City Assessor and Treasurer
Case
G.R. No. L-17870
Decision Date
Sep 29, 1962
Mindanao Bus Company contested realty tax on repair shop machineries; Supreme Court ruled they are not immovable property, exempting them from taxation.

Case Digest (G.R. No. L-17870)
Expanded Legal Reasoning Model

Facts:

  • Parties and Assessment
    • Mindanao Bus Company (petitioner), a public utility transporting passengers and cargo in Mindanao, was assessed P4,400 realty tax on its maintenance and repair equipment by the City Assessor of Cagayan de Oro.
    • Petitioner appealed to the Board of Tax Appeals (BTA), which sustained the assessment, then to the Court of Tax Appeals (CTA), which likewise upheld it.
  • Stipulated Facts
    • Petitioner’s main office and garage are in Cagayan de Oro City, with branches in Iligan, Pagadian, Davao, and Kibawe.
    • Seven pieces of machinery—Hobart electric welder, Storm boring machine, lathe with motor, Black & Decker grinder, PEMCO hydraulic press, battery charger, and Waukesha engine—sit on cement or wooden platforms in petitioner’s repair shop.
    • These machines are used exclusively to service petitioner’s own trucks, never to produce goods for sale or to serve the general public.
  • Procedural Posture
    • After the CTA denied petitioner’s motion for reconsideration, petitioner filed a petition for review with the Supreme Court.
    • Petitioner assigned errors concerning (a) the validity of the assessment, (b) interpretation of Civil Code Art. 415(5), (c) limits under R.A. 521 § 31(c), and (d) denial of reconsideration.

Issues:

  • Are the subject machines “immovable property” taxable under Civil Code Article 415(5)?
  • Was the CTA’s interpretation of Article 415(5) correct in deeming the equipment realty?
  • Does R.A. 521 § 31(c) restrict the City Assessor from levying real estate tax on machinery?
  • Did the CTA err in denying petitioner’s motion for reconsideration?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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