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MIAA v. CA (2006)
Doctrine: MIAA is a government instrumentality and not a government-owned or controlled corporation. As a government
instrumentality, MIAA is not a taxable person because it is not subject to "taxes, fees or charges of any kind" by local governments.
The only exception is when MIAA leases its real property to a "taxable person" as provided in Sec. 234(a) of the LGC, in which case
the specific real property leased becomes subject to real estate tax. As properties of public dominion owned by the Republic, there is
no doubt that the Airport Lands and Buildings are expressly exempt from real estate tax, execution or foreclosure sale.
Facts:
MIAA operates the NAIA pursuant to EO 903 (MIAA Charter).
As operator, MIAA administers the land, improvements and equipment within the NAIA Complex (approximately 600
hectares of land). The Charter provides that no portion of the land transferred to MIAA shall be disposed of through sale or
any other mode unless specifically approved by the President.
The Office of the Government Corporate Counsel (OGCC) issued Opinion No. 061 which opined that the LGC of 1991
withdrew the exemption from real estate tax granted to MIAA under Sec. 21 of the MIAA Charter. Thus, MIAA negotiated
with respondent City of Parañaque to pay the real estate tax imposed by the City. MIAA then paid some of the real estate
tax already due.
28 June 2001: MIAA received Final Notices of Real Estate Tax Delinquency from city for the taxable years 1992 to 2001.
17 July 2001: The city issued notices of levy and warrants of levy on the Airport Lands and Buildings & threatened to sell
them at public auction should MIAA fail to pay the real estate tax delinquency.
1 October 2001: MIAA filed a petition which sought to restrain the city from imposing real estate tax on, levying against,
and auctioning for public sale the Airport Lands and Buildings. The petition was dismissed because MIAA filed it beyond the
60-day reglementary period.
Meanwhile, in January 2003, the city posted notices of auction sale at various Barangay Halls and in the main lobby of the
City Hall. It also published the notices in a newspaper (PDI). The notices announced the public auction sale of the Airport
Lands and Buildings.
A day before the public auction, MIAA filed for an urgent Motion for the Issuance of a TRO to prevent the city from
continuing with the auction. This was granted. HOWEVER, respondents received the TRO only 3 hours after the conclusion
of the public auction.
MIAA:
o MIAA admits that the MIAA Charter has placed the title to the Airport Lands and Buildings in the name of MIAA.
However, MIAA points out that it cannot claim ownership over these properties since the real owner is the
Republic of the Philippines. The MIAA Charter mandates MIAA to devote the Airport Lands and Buildings for the
benefit of the general public. Since the Airport Lands and Buildings are devoted to public use and public service,
the ownership of these properties remains with the State. The Airport Lands and Buildings are thus inalienable and
are not subject to real estate tax by local governments.
o MIAA also points out that Sec. 21 of the Charter specifically exempts them from the payment of real estate tax. It
insists that it is also exempt from real estate tax under Sec. 234 of the LGC because the Airport Lands and Buildings
are owned by the Republic. MIAA invokes the principle that the government cannot tax itself. MIAA points out that
the reason for tax exemption of public property is that its taxation would not inure to any public advantage, since
in such a case the tax debtor is also the tax creditor.
Respondents
o Respondents invoke Sec. 193 of the LGC, which expressly withdrew the tax exemption privileges of GOCC’s.
o They also argue that a basic rule of statutory construction is that the express mention of one person, thing, or act
excludes all others. An international airport is not among the exceptions mentioned in Sec. 193 of the LGC.
o Cited Mactan International Airport v. Marcos: Held that the LGC has withdrawn the exemption from real estate tax
granted to international airports.
Issue: W/N the Airport Lands and Buildings of MIAA are exempt from real estate tax. (YES)
Held:
1. MIAA is Not a Government-Owned or Controlled Corporation
There is no dispute that a GOCC is not exempt from real estate tax. However, MIAA is not a government-owned or
controlled corporation.
Sec. 2(13) of the Introductory Provisions of the Admin Code defines a GOCC as “…any agency organized as a stock or non-
stock corporation, vested with functions relating to public needs whether governmental or proprietary in nature, and
owned by the Government directly or through its instrumentalities either wholly, or, where applicable as in the case of
stock corporations, to the extent of at least fifty-one (51) percent of its capital stock”
o MIAA is not a stock corporation because though it has capital, such is not divided into shares. MIAA has no
stockholders or voting shares. (Sec. 10 of the MIAA Charter)
o MIAA is also not a non-stock corporation because it has no members (a non-stock corporation is "one where no
part of its income is distributable as dividends to its members, trustees or officers). Even if we assume that the
Government is considered as the sole member of MIAA, Section 11 of the MIAA Charter prevents MIAA from
qualifying as a non-stock corporation because it mandates MIAA to remit 20% of its annual gross operating income
to the National Treasury. Non-stock corporations cannot distribute any part of their income to their members.
MIAA is not organized for any of the purposes mentioned in Sec. 88 of the Corpo Code. MIAA, a public utility, is organized
to operate an international and domestic airport for public use.
MIAA is a government instrumentality vested with corporate powers to perform efficiently its governmental functions.
MIAA is like any other government instrumentality, the only difference is that MIAA is vested with corporate powers. When
the law vests in a government instrumentality corporate powers, the instrumentality does not become a corporation.
Unless the government instrumentality is organized as a stock or non-stock corporation, it remains a government
instrumentality exercising not only governmental but also corporate powers.
o A government instrumentality like MIAA falls under Section 133(o) of the LGC, which states:
SEC. 133. Common Limitations on the Taxing Powers of Local Government Units. – Unless otherwise provided
herein, the exercise of the taxing powers of provinces, cities, municipalities, and barangays shall not extend to the levy of the
following: (o) Taxes, fees or charges of any kind on the National Government, its agencies and instrumentalities and local
government units.
When local governments invoke the power to tax on national government instrumentalities, such power is construed
strictly against local governments.
o The general rule is that a tax exemption is strictly construed against the taxpayer claiming the exemption. However,
when Congress grants an exemption to a national government instrumentality from local taxation, such exemption
is construed liberally in favor of the national government instrumentality.
o The practical effect of an exemption is merely to reduce the amount of money that has to be handled by
government in the course of its operations. For these reasons, provisions granting exemptions to government
agencies may be construed liberally, in favor of non tax-liability of such agencies.
o The only exception is when the legislature clearly & expressly intended to tax government instrumentalities for the
delivery of essential public services for sound and compelling policy considerations.
o Sec. 133 of the LGC states that "unless otherwise provided" in the Code, local governments cannot tax national
government instrumentalities. This doctrine emanates from the "supremacy" of the National Government over
local governments.