Title
Philippine Long Distance Telephone Co. vs. Public Service Commission
Case
G.R. No. L-26762
Decision Date
Aug 29, 1975
Supreme Court ruled fees under Public Service Act are regulatory, not taxes; computation based on capital stock, not property, to avoid confiscatory impact.

Case Summary (G.R. No. L-26762)

Background of the Law

The Supreme Court previously ruled on August 31, 1970, modifying the Public Service Commission's interpretation of Section 40(e), which empowers the Commission to impose fees for regulating public utilities. The affected fee structure was defined as 20 centavos per every 100 pesos or fraction thereof, based on either the subscribed capital stock or the property and equipment, whichever is higher. A significant modification established that property and equipment must be considered net of depreciation.

Petitioners’ Arguments

PLDT and Meralco contended in their motions for reconsideration that the amended Section 5 of Republic Act 3792 did not alter the computation basis for supervision fees applicable to stock corporations; specifically, they asserted that the fees should only be based on the paid capital stock. They argued that if interpreted as taxes, the fees could be "confiscatory and unreasonable" and thus lacked an evidentiary foundation for that claim, as the original hearings did not allow for such submissions.

Procedural History and Changes in Oversight

In October 1972, the Public Service Commission was dissolved, transferring its powers to the SRB. Subsequently, the SRB joined the petitioners in a stipulation contesting the notion that Section 5 of Republic Act 3792 was intended as a tax measure. The SRB emphasized that the fees were explicitly for regulatory purposes.

Nature of the Fees

The Supreme Court examined whether the fees imposed under Section 40(e) of the Public Service Act constituted taxes or genuine regulatory fees. The Court had previously determined in earlier cases, such as Manila Electric Co. vs. Public Service Commission, that these fees were not taxes but regulatory in nature, intended to reimburse the Commission for incurred expenses.

Stipulated Facts and Collections

The SRB and the petitioners submitted a stipulation detailing the fee assessments based on both the property values and the subscribed capital stock for the years 1964 to 1974. The stipulation indicated that fees collected based on capital stock significantly differed from those that would be collected if property values were considered, highlighting the potential for "confiscatory" outcomes if the latter method were to be applied.

Examination of Legislative Intent

The Court noted that legislative intent behind the amendment was not to categorize these fees as taxes. The history and explanatory notes related to R.A. 3792 indicated that the amendment aimed solely at increasing the previously e

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