Title
Philippine Suburban Development Corp. vs. Auditor General
Case
G.R. No. L-19545
Decision Date
Apr 18, 1975
PSDC sought a refund of real estate tax paid under protest, claiming ownership transferred to PHHC upon deed execution. SC ruled in favor, stating ownership transferred upon deed execution and possession, exempting PSDC from tax liability.

Case Summary (G.R. No. L-19545)

Background of the Case

The case arises from an appeal by the Philippine Suburban Development Corporation against the disallowance of its request for a refund of real estate tax amounting to P30,460.90, which it paid to the Provincial Treasurer of Bulacan. The facts indicate that on June 8, 1960, the President of the Philippines authorized the People's Homesite and Housing Corporation (PHHC) to acquire land for relocating squatters. Subsequent to this, the PHHC and PSDC, which owned the land in question, executed a contract for sale.

Execution of Sale and Payment Terms

On December 29, 1960, PSDC executed a Deed of Absolute Sale, conveying two parcels of land to PHHC for P3,386,223. The sale terms included a portion of the payment being retained to clear existing liens on the property, while the balance was to be paid once the PHHC secured funds from the Government Service Insurance System (GSIS). The deed, however, was not registered until March 14, 1961. Prior to this, the PHHC had taken possession of the property in early June 1960 to commence development for squatters.

Dispute Over Tax Liability

A controversy arose when the Provincial Treasurer of Bulacan insisted that PSDC remain liable for property taxes due for the year 1961, despite the execution of the deed. PSDC contended that it had ceased to be the owner once the sale was executed. The Secretary of Finance ultimately denied PSDC's request for a tax refund, asserting that ownership and tax liability continued with PSDC until the deed was officially registered.

Legal Arguments Presented

In its appeal, PSDC argued that the execution of a public instrument constituted delivery of ownership, citing Article 1498 of the Civil Code. Conversely, the Auditor General's office reasoned that until the deed was registered under the Land Registration Act, PSDC remained the legal owner of the property. The response stressed that the original conditions of the contract necessitated specific approvals before finalizing the transfer of ownership.

Court's Analysis

The Court found merit in PSDC's arguments, noting that the Presidential approval and subsequent actions indicated that the intent was to treat the sale as completed. The Court underscored that under the Civil Code, the execution of the deed equated to delivery unless explicitly stated otherwise, which was not the case her

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