Title
Province of Abra vs. Herdo
Case
G.R. No. L-49336
Decision Date
Aug 31, 1981
Roman Catholic Bishop sought tax exemption for properties; court ruled declaratory relief improper, procedural due process violated, and tax exemption requires actual, direct, exclusive religious use.

Case Digest (G.R. No. L-49336)
Expanded Legal Reasoning Model

Facts:

  • Nature of the Case and Parties
    • Petitioner: Province of Abra, represented by Ladislao Ancheta, Provincial Assessor.
    • Private Respondent: Roman Catholic Bishop of Bangued, Inc., represented by Bishop Odilo Etspueler and Reverend Felipe Flores.
  • Trial Court Proceedings
    • Private respondent filed an action for declaratory relief seeking exemption of real estate properties from taxation.
    • Respondent Judge Harold M. Hernando denied petitioner’s motion to dismiss and, by summary judgment, granted the exemption without hearing petitioner.
  • Petitioner’s Objections
    • Lack of jurisdiction: failure to exhaust administrative remedies under Presidential Decree No. 464 and to pay the tax under protest before filing suit.
    • Violation of procedural due process: no opportunity afforded to petitioner to answer or present evidence.

Issues:

  • Jurisdictional and Procedural Prerequisites
    • May a court entertain a suit assailing the validity of a tax assessment without the taxpayer having paid the tax under protest and exhausted administrative remedies under P.D. 464?
    • Does failure to comply with P.D. 464 deprive the court of jurisdiction?
  • Procedural Due Process
    • Did respondent Judge violate petitioner’s right to due process by denying a hearing and ruling on summary judgment?
    • What is the proper remedy for challenging a tax assessment under the Rules of Court?
  • Substantive Exemption Requirements
    • What proof is required to establish that lands, buildings, and improvements are “actually, directly and exclusively” used for religious or charitable purposes?
    • On whom rests the burden of proof in claiming a constitutional tax exemption?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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