Title
People vs. Nazario
Case
G.R. No. L-44143
Decision Date
Aug 31, 1988
Eusebio Nazario, a fishpond lessee, was convicted for unpaid municipal taxes (1964-66). He challenged the ordinances as vague, unconstitutional, and inapplicable to lessees. The Supreme Court upheld the conviction, ruling the ordinances clear, non-retroactive, and applicable to all operators within Pagbilao.

Case Digest (G.R. No. 247824)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • Accused-Appellant: Eusebio Nazario, owner/operator of a fishpond in Pinagbayanan, Pagbilao, Quezon; lessee under Fishpond Lease Agreement No. 1066 (27.1998 ha) with the Philippine Fisheries Commission as of August 21, 1959.
    • Plaintiff: The People of the Philippines, represented by the Provincial Fiscal of Quezon.
  • Charged Offense
    • Violation of Municipal Ordinance No. 4 (series of 1955), as amended by Ordinance No. 15 (1965) and No. 12 (1966), requiring owners/managers of fishponds to pay P 3.00 per hectare per annum.
    • Specific allegations: refusal to pay P 362.62 in fishpond taxes for years 1964, 1965 and 1966 despite repeated demands.
  • Prosecution Evidence
    • Miguel Francia and Nicolas Macarolay: testified Nazario operated and employed workers in the fishpond since 1959–1967.
    • Rodolfo R. Alvarez (Municipal Treasurer): presented demand letters (Exhibits B, C) and registry receipts; confirmed nonpayment of taxes covering 38.10 ha; collected fee on fishpond operation.
    • Documentary Exhibits: tax declarations, demand letters, and related correspondence (Exhibits A–F).
  • Defense Evidence
    • Nazario’s testimony: resident of Manila since 1949; business and family based in Manila; never resided in Pagbilao; fishpond under construction/destroyed by typhoon in relevant years.
    • Lease Agreement and Correspondence: Exhibit 1 (lease), Exhibits 3–8 and responses (3-A, 5-A, 7-A, 8-A), Administrative Order No. 6 (Exhibit 6), and photos (4, 4-A, 4-B, 4-C).
    • Legal contentions: ordinances void for vagueness and ex post facto; lapsed tax claims; lack of municipal power to tax fishpond operators; coverage limited to private owners/managers and residents.
  • Trial Court Decision
    • Found Nazario guilty of violating Municipal Ordinance No. 4, as amended; imposed fine of P 50.00 (subsidiary imprisonment at P 8.00/day) plus costs.
    • Held ordinances constitutional, covers operators/managers, and within municipal taxing power.

Issues:

  • Vagueness and Uncertainty
    • Whether “owner or manager” excludes lessees of public lands.
    • Whether payment dates (“three years after Bureau approval” vs. “beginning 1964 if operating before”) are too uncertain.
  • Ex Post Facto Application
    • Whether Ordinance No. 12 (1966 amendment) improperly penalizes nonpayment for years before its enactment.
  • Scope of Coverage
    • Whether ordinances apply only to private pond owners or managers and not to lessees of government lands.
  • Territorial and Residency Limits
    • Whether municipal ordinances can reach non-residents and enforce taxes beyond Pagbilao’s limits.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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