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#4 Miaa v. City of Pasay - Reyes
#4 Miaa v. City of Pasay - Reyes
CITY OF PASAY
TOPIC: ADMINISTRATIVE LAW
DOCTRINE: The term government "instrumentality"
is broader than
the
term
"government-owned
or
controlled corporation." They have different definitions
under the Admin Code.
Facts:
1. Manila International Airport Authority (MIAA)
operates and administers Ninoy International
Airport Complex under EO 903.
2. MIAA received final notice of real property tax
delinquency from the City of Pasay for the taxable
years 1992 and 2001.
a. City of Pasay, through its City treasurer,
issued notice of levy and warrants of levy for
the NAIA Pasay properties.
b. City Mayor of Pasay threatened to sell at
public auction the NAIA Pasay properties if
the delinquent real property taxes remain
unpaid.
3. MIAA filed with the CA petition for prohibition and
injunction with prayer for preliminary injunction or
TRO. It sought to enjoin City of Pasay from imposing
real property taxes, levying against, and auctioning
for public sale the NAIA Pasay properties. CA
DISMISSED THE PETITION.
a. Sec. 193 and 234 RA 7160 [LGC], withdrew
the exemption from payment of real property
taxes granted to natural or juridical persons,
including GOCCs, except local water districts,
cooperatives duly registeres under RA 6938,
non-stock and non-profit hospitals, and
educational institutions.
i. MIAA is a GOCC; hence, its ta
exemption has been withdrawn.
A
government-owned
or
controlled
corporation must be "organized as a stock or
non-stock
corporation."
MIAA
is
not
organized
as
a
stock
or
non-stock
corporation. MIAA is not a stock corporation
because it has no capital stock divided into
shares. MIAA has no stockholders or voting
shares.
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.