Title
University of the Philippines vs. City Treasurer of Quezon City
Case
G.R. No. 214044
Decision Date
Jun 19, 2019
UP, exempt under RA 9500, contested Quezon City's real property tax assessment on land leased to Ayala Land. SC ruled UP tax-exempt, voided delinquency notices, and barred property auction.

Case Digest (G.R. No. 214044)
Expanded Legal Reasoning Model

Facts:

  • Background and Parties
    • The University of the Philippines (UP), registered owner of a 985,597 sqm parcel along Commonwealth Avenue, Diliman, Quezon City (TCT No. RT-107350), entered into a Contract of Lease with Development Obligations on 27 October 2006, leasing 380,630 sqm to Ayala Land, Inc. (ALI) (the “Technohub”).
    • UP filed a petition for certiorari and prohibition under Rule 65 against the City Treasurer of Quezon City to annul:
      • The Statement of Delinquency dated 27 May 2014 (₱106,992,990.00 for 2009–2013 & 1Q 2014), and
      • The Final Notice of Delinquency dated 11 July 2014 (₱117,182,700.00 for 2009–2014 3Q),
and to enjoin any auction sale of the property.
  • Assessment and Delinquency Notices
    • Notice of Assessment (23 August 2012) served on ALI reclassifying and assessing the property at ₱499,500,000.00 effective 2009 under LGC §§ 205(d) & 234(a).
    • Statements of Delinquency issued by the City Treasurer to UP North Property Holdings, Inc.:
      • 5 December 2012 (₱78,970,950.00 for 2009–2012 3Q),
      • 24 September 2013 (₱102,747,150.00 for 2009–2013 3Q).
    • First delinquency demand directed to UP on 27 May 2014 without prior assessment. UP’s 13 June 2014 letter objected, citing RA 9500 exemptions and a BLGF opinion that ALI is the liable party.
    • Final Notice of Delinquency on 11 July 2014 for ₱117,182,700.00. UP filed the petition within 60 days.
  • Procedural History
    • 29 September 2014: Temporary Restraining Order issued; City Treasurer ordered to comment.
    • Multiple resolutions in 2015–2016 imposing fines (₱1,000; ₱2,000) for failure to file comment.
    • 29 September 2016: Acting Assistant City Treasurer filed Comment contesting jurisdiction, real-party status, failure to file Motion for Reconsideration, and asserting ALI’s liability under LGC and Supreme Court precedents.
    • 20 February 2017: UP filed its Reply.
  • Governing Law and Contract Provisions
    • Lease contract clauses:
      • Permanent improvements owned by ALI during the lease term.
      • UP to pay real estate tax on land; ALI to pay tax on improvements.
    • Republic Act No. 9500 (UP Charter of 2008):
      • Sec 22 – Grants land and income for UP’s use;
      • Sec 25(a) – All revenues and assets used for educational purposes or in support thereof are exempt from all taxes and duties;
      • Sec 27 – Doubts resolved in favor of UP’s academic freedom and fiscal autonomy;
      • Sec 30 – Repeals inconsistent laws.
    • Local Government Code of 1991:
      • Sec 133(o) – Exempts national government and instrumentalities from local taxes;
      • Sec 205(d) & 234(a) – Taxable when beneficial use of government-owned property is granted to a taxable person.

Issues:

  • Is the University of the Philippines liable for real property tax on the parcel covered by TCT No. RT-107350 (192689) leased to Ayala Land, Inc.?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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