1) The Manila International Airport Authority (MIAA) operates the Ninoy Aquino International Airport and administers 600 hectares of airport land and buildings transferred to it by law.
2) The airport land and buildings are considered "ports" under the Civil Code and therefore properties of public dominion belonging to the State.
3) As properties intended for public use, the airport land and buildings are exempt from real estate taxes despite MIAA collecting fees from users.
1) The Manila International Airport Authority (MIAA) operates the Ninoy Aquino International Airport and administers 600 hectares of airport land and buildings transferred to it by law.
2) The airport land and buildings are considered "ports" under the Civil Code and therefore properties of public dominion belonging to the State.
3) As properties intended for public use, the airport land and buildings are exempt from real estate taxes despite MIAA collecting fees from users.
1) The Manila International Airport Authority (MIAA) operates the Ninoy Aquino International Airport and administers 600 hectares of airport land and buildings transferred to it by law.
2) The airport land and buildings are considered "ports" under the Civil Code and therefore properties of public dominion belonging to the State.
3) As properties intended for public use, the airport land and buildings are exempt from real estate taxes despite MIAA collecting fees from users.
155650 OGCC (Office of the Government Corporate Counsel) issued
Opinion No. 061, in which it said that the Local Government July 20, 2006 Code of 1991 withdrew the exemption for real estate tax MANILA INTERNATIONAL AIRPORT granted to MIAA under Section 65 of the MIAA charter. AUTHORITY, petitioner, Therefore, MIAA was held to be delinquent in paying its vs. taxes. The City of Paranaque Levied upon the properties of COURT OF APPEALS, CITY OF PARAÑAQUE, CITY MIAA, and posted invitations for public biddings of MIAA’s MAYOR OF PARAÑAQUE, SANGGUNIANG properties. MIAA filed with CA an action for prohibition/ PANGLUNGSOD NG PARAÑAQUE, CITY ASSESSOR injunction. The City of Paranaque averred that Section 193 of OF PARAÑAQUE, and CITY TREASURER OF the Local Government Code expressly withdrew tax PARAÑAQUE, respondents. exemptions from government owned and controlled Ponente: CARPIO, J.: corporations (GOCCs) .
DOCTRINE: CA dismissed the petition for filing beyond the 60 day
reglementary period . The term “ports” includes seaports and airports. The MIAA Airport Lands and buildings constitute a “port” constructed by ISSUE: the State. Under Article 420 of the Civil Code, the MIAA Whether properties of the MIAA are subject to real estate Airport Lands and Buildings are properties of public dominion taxes. --NO and thus owned by the State or the Republic of the Philippines. HELD: FACTS: In the first place, MIAA is not a GOCC, it is an Manila International Airport Authority (MIAA) instrumentality of the government. MIAA is a government operates the Ninoy Aquino International Airport Complex in instrumentality vested with corporate powers to perform Paranaque City. As operator of the international airport, MIAA efficiently its governmental functions. MIAA is like any other administers the land, improvements and equipment within the government instrumentality; the only difference is that MIAA NAIA Complex The MIAA Charter transferred to MIAA is vested with corporate powers. As operator of the approximately 600 hectares of land including the runways and international airport, MIAA administers the land, buildings (“Airport Lands and Buildings”) then under the improvements and equipment within the NAIA Complex. The Bureau of Air Transportation. The MIAA Charter further MIAA Charter transferred to MIAA approximately 600 provides that no portion of the land transferred to MIAA shall hectares of land, including the runways and buildings (“Airport be disposed of through sale or any other mode unless Lands and Buildings”) then under the Bureau of Air specifically approved by the President of the Philippines. Transportation. The MIAA Charter further provides that no portion of the land transferred to MIAA shall be disposed of No one can dispute that properties of public dominion through sale or any other mode unless specifically approved by mentioned in Article 420 of the Civil Code, like “roads, canals, the President of the Philippines. rivers, torrents, ports and bridges constructed by the State,” are owned by the State. The term “ports” includes seaports and Furthermore, Airport Lands and Buildings of MIAA are airports. The MIAA Airport Lands and Buildings constitute a property of public dominion and therefore owned by the State “port” constructed by the State. Under Article 420 of the Civil or the Republic of the Philippines. Article 419 of the Civil Code, the MIAA Airport Lands and Buildings are properties of Code provides, The Airport Lands and Buildings of MIAA are public dominion and thus owned by the State or the Republic property of public dominion and therefore owned by the State of the Philippines. or the Republic of the Philippines. The Airport Lands and Buildings are devoted to public use because they are used by the public for international and NOTES/RATIO: domestic travel and transportation. The fact that the MIAA collects terminal fees and other charges from the public does The Civil Code provides: not remove the character of the Airport Lands and Buildings as properties for public use. The operation by the government of a ARTICLE 419. Property is either of public dominion or of tollway does not change the character of the road as one for private ownership. public use. Someone must pay for the maintenance of the road, ARTICLE 420. The following things are property of public either the public indirectly through the taxes they pay the dominion: government, or only those among the public who actually use the road through the toll fees they pay upon using the road. The (1) Those intended for public use, such as roads, canals, rivers, tollway system is even a more efficient and equitable manner torrents, ports and bridges constructed by the State, banks, of taxing the public for the maintenance of public roads. shores, roadsteads, and others of similar character; The charging of fees to the public does not determine (2) Those which belong to the State, without being for public the character of the property whether it is of public dominion or use, and are intended for some public service or for the not. Article 420 of the Civil Code defines property of public development of the national wealth. (Emphasis supplied) dominion as one “intended for public use.” Even if the government collects toll fees, the road is still “intended for ARTICLE 421. All other property of the State, which is not of public use” if anyone can use the road under the same terms the character stated in the preceding article, is patrimonial and conditions as the rest of the public. The charging of fees, property. the limitation on the kind of vehicles that can use the road, the ARTICLE 422. Property of public dominion, when no longer speed restrictions and other conditions for the use of the road intended for public use or for public service, shall form part of do not affect the public character of the road. the patrimonial property of the State. The terminal fees MIAA charges to passengers, as well as the landing fees MIAA charges to airlines, constitute the bulk of the income that maintains the operations of MIAA. The collection of such fees does not change the character of MIAA as an airport for public use. Such fees are often termed user’s tax. This means taxing those among the public who actually use a public facility instead of taxing all the public including those who never use the particular public facility. A user’s tax is more equitable — a principle of taxation mandated in the 1987 Constitution.
The Airport Lands and Buildings of MIAA, which its
Charter calls the “principal airport of the Philippines for both international and domestic air traffic,” are properties of public dominion because they are intended for public use. As properties of public dominion, they indisputably belong to the State or the Republic of the Philippines.
Being a property of public dominion, the properties of MIAA