Title
Supreme Court
FELS Energy, Inc. vs. Province of Batangas
Case
G.R. No. 168557
Decision Date
Feb 16, 2007
NPC and FELS contested real property tax on power barges; SC ruled barges taxable as real property, no exemption for private ownership, appeal time-barred, res judicata applied.

Case Summary (G.R. No. 168557)

Administrative Proceedings

NPC filed a motion for reconsideration before the Provincial Assessor (denied September 22, 1995) then appealed to the LBAA (denied August 26, 1996) on grounds that power barges are non-taxable. The LBAA held the barges were real property for tax purposes and that FELS, not NPC, was the assessed owner, dismissing the appeal as filed out of time. FELS escalated to the CBAA, secured an order lifting distraint, and obtained a favorable decision (April 6, 2000) exempting the barges. On motion for reconsideration the CBAA reversed itself (July 31, 2001), affirmed the LBAA, and dismissed FELS’s and NPC’s appeals.

Court of Appeals Decisions

FELS and NPC separately petitioned the Court of Appeals. In CA-G.R. SP No. 67490 (FELS) and CA-G.R. SP No. 67491 (NPC), both petitions were dismissed as prescribed: the courts held that only an appeal to the LBAA filed within 60 days of receipt of the assessment notice is available, and that motions for reconsideration before the assessor do not toll or supplant that appeal.

Issues Before the Supreme Court

FELS raised five issues: classification of barges as personal property; exemption under § 234(c) LGC; NPC’s tax-payment obligation; barge depreciation; imprescriptibility of the right to question a void assessment. NPC asserted errors in finding its LBAA appeal time-barred, in classifying barges as taxable real property, and in the assessment’s procedural correctness.

Prescription Ruling

Under § 226 LGC a taxpayer must appeal the assessor’s last action (notice of assessment) to the LBAA within 60 days. Motions for reconsideration to the assessor are not authorized and do not interrupt prescription. Reliance on Callanta v. Office of the Ombudsman affirmed that allowing reconsideration before assessors invites corruption and undermines the fixed 60-day appeal period. Consequently, all appeals were filed out of time, rendering the assessments final and demandable.

Res Judicata and Forum Shopping

The Court held that NPC’s earlier petition (G.R. No. 165113) to review the CA’s denial of FELS’s appeal conclusively bound FELS under privity of interest. The subsequent filings (G.R. Nos. 168557 & 170628) thus constituted forum shopping, as they arose from the same facts, involved substantially identical parties and reliefs, and sought a different outcome after an adverse decision. Both doctrines barred further review.

Taxability of Power Barges

Absent procedural defects, the barges were properly classified as real property. Administrative findings carry a presumption of good faith and correctness; judicial review defers to specialized appraisal expertise. Analogous U.S. and Civil Code precedents treat floating structures with permanent mooring and industrial function as immovable by destination.

Exemption Under Section 234(c) LGC

Exemptions from real property tax are strictly construed. Section 234(c) covers machinery “actually, directly and exclusively used” by water dis

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