Title
Republic vs. City of Paranaque
Case
G.R. No. 191109
Decision Date
Jul 18, 2012
PRA, an incorporated national government instrumentality, is exempt from real property taxes; reclaimed lands remain public domain, voiding local tax assessments.

Case Digest (G.R. No. 191109)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • The Republic of the Philippines, represented by the Philippine Reclamation Authority (PRA), filed a petition for review on certiorari under Rule 45, challenging a January 8, 2010 RTC, Branch 195, Parañaque City order declaring PRA a government-owned and controlled corporation (GOCC) and thus liable for real property taxes.
    • Creation and Evolution of PRA
      • Presidential Decree No. 1084 (Feb. 4, 1977) created the Public Estates Authority (PEA) to coordinate reclamation and management of government lands.
      • Executive Order No. 525 (Feb. 14, 1979) designated PEA as the primary reclamation agency; EO No. 380 (Oct. 26, 2004) transformed PEA into PRA.
      • PRA reclaimed foreshore and offshore areas of Manila Bay, including lands in Parañaque City, and obtained transfer and original certificates of title.
  • Proceedings Below
    • On February 19, 2003, the Parañaque City Treasurer issued warrants of levy for alleged delinquent real property taxes (2001–2002) on PRA’s reclaimed properties.
    • PRA sought prohibition, TRO, and preliminary injunction before the RTC; TRO and injunction were denied, and an auction was held April 7, 2003, with certificates of sale issued.
    • On August 3, 2009, PRA moved to file a supplemental petition to annul the tax assessment, levy, auction sale, and certificates of sale. The RTC denied relief on January 8, 2010, ruling PRA a GOCC under P.D. No. 1084, subject to real property tax per Section 193 of R.A. 7160.
  • Petition to the Supreme Court
    • PRA’s Grounds for Certiorari
      • That PRA, as an incorporated instrumentality of the national government, is exempt from real property tax under Sections 234(a) and 133(o) of R.A. 7160 vis-à-vis Manila International Airport Authority v. CA.
      • That reclaimed lands remain part of the public domain and thus are tax-exempt.
    • Parties’ Contentions
      • PRA: Not a GOCC under Administrative Code Sec. 2(13) or Constitution Art. XII, Sec. 16; lacks dividend‐distribution power and members; serves an essential public function; exempt under R.A. 7160.
      • City of Parañaque: PRA consistently represented itself as a GOCC, has capital stock, was created by special charter, and is subject to Section 193 of R.A. 7160 withdrawing GOCC tax exemptions.

Issues:

  • Whether PRA is a GOCC or an exempt government instrumentality under the Administrative Code and Constitution, and thus whether it is liable for real property tax.
  • Whether the reclaimed lands remain part of the public domain and are consequently exempt from real property taxation.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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