Title
Pacific Commercial Co. vs. Romualdez
Case
G.R. No. 26124
Decision Date
Feb 14, 1927
Ordinance No. 1264 is declared null and void for exceeding the Municipal Board's authority and improperly taxing imports, favoring Pacific Commercial Company.
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Case Digest (G.R. No. 26124)

Facts:

  • The case involves Pacific Commercial Company (petitioner) against Miguel Romualdez and Victor Alfonso (respondents).
  • Ordinance No. 1264 was enacted on March 27, 1925, amending a previous ordinance on cold storage facilities.
  • The ordinance imposed a permit fee on frozen meat stored in cold storage: two centavos per kilo for various meats and one centavo per kilo for poultry.
  • Pacific Commercial Company imported frozen provisions and stored them in cold storage before sale.
  • The company operated a retail establishment called "International Cold Stores."
  • Prior to the ordinance, a report indicated significant quantities of frozen meat entered Manila without paying fees, harming local producers.
  • In 1924, approximately 3,974,190 kilos of frozen meat were imported, leading to revenue loss for the city.
  • After the ordinance, the city treasurer demanded payment of fees from the Pacific Commercial Company.
  • The company sought an injunction in the Court of First Instance of Manila to declare the ordinance null and void.
  • The trial court ruled in favor of the petitioner, declaring the ordinance invalid on three grounds: lack of adequate publication, exceeding Municipal Board powers, and permit fees being taxes on imports.
  • The City of Manila appealed the decision.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court affirmed the lower court's decision, declaring Ordinance No. 1264 invalid.
  • The court ruled that the Municipal Board exceeded its powers in enacting the ord...(Unlock)

Ratio:

  • The court's reasoning focused on the legislative powers granted to the Municipal Board under the Manila Charter.
  • The charter allowed the board to "regulate and fix the amount of the license fees" for provisions, including meat.
  • The court distinguish...continue reading

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