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MANILA INTERNATIONAL AIRPORT AUTHORITY VS CITY and non-profit hospitals and educational institutions, are hereby

OF PASAY withdrawn upon the effectivity of this Code.

G.R. NO. 163072 SECTION 234. Exemptions from Real Property Tax. – The
following are exempted from payment of the real property tax:
(a) Real property owned by the Republic of the Philippines or
Petitioner Manila International Airport Authority (MIAA) any of its political subdivisions except when the beneficial use
operates and administers the Ninoy Aquino International thereof has been granted, for consideration or otherwise to a
Airport (NAIA) Complex under Executive Order No. 903 (EO taxable person;
903), otherwise known as the Revised Charter of the Manila
International Airport Authority. EO 903 was issued on 21 July (b) Charitable institutions, churches, parsonages or convents
1983 by then President Ferdinand E. Marcos. Under Sections appurtenant thereto, mosques, non-profit or religious
3 and 22 of EO 903, approximately 600 hectares of land, cemeteries and all lands, buildings and improvements actually,
including the runways, the airport tower, and other airport directly, and exclusively used for religious, charitable or
buildings, were transferred to MIAA. The NAIA Complex is educational purposes;
located along the border between Pasay City and Parañaque
City. (c) All machineries and equipment that are actually, directly and
exclusively used by local water districts and government owned
On 28 August 2001, MIAA received Final Notices of Real or controlled corporations engaged in the supply and
Property Tax Delinquency from the City of Pasay for the distribution of water and/or generation and transmission of
taxable years 1992 to 2001. MIAA’s real property tax electric power;
delinquency for its real properties located in NAIA Complex,
Ninoy Aquino Avenue, Pasay City (NAIA Pasay properties). (d) All real property owned by duly registered cooperatives as
provided for under R.A. No. 6938; and
On 24 August 2001, the City of Pasay, through its City
Treasurer, issued notices of levy and warrants of levy for the (e) Machinery and equipment used for pollution control and
NAIA Pasay properties. MIAA received the notices and environment protection.
warrants of levy on 28 August 2001. Thereafter, the City Mayor
of Pasay threatened to sell at public auction the NAIA Pasay
properties if the delinquent real property taxes remain unpaid. Except as provided herein, any exemption from payment of real
property tax previously granted to, or presently enjoyed by, all
On 29 October 2001, MIAA filed with the Court of Appeals a
persons, whether natural or juridical, including all
petition for prohibition and injunction with prayer for preliminary
government-owned or controlled corporations are hereby
injunction or temporary restraining order. The petition sought to
withdrawn upon the effectivity of this Code.
enjoin the City of Pasay from imposing real property taxes on,
levying against, and auctioning for public sale the NAIA Pasay The Court of Appeals held that as a government-owned
properties. corporation, MIAA’s tax exemption under Section 21 of EO 903
has already been withdrawn upon the effectivity of the Local
On 30 October 2002, the Court of Appeals dismissed the
Government Code in 1992.
petition and upheld the power of the City of Pasay to impose
and collect realty taxes on the NAIA Pasay properties. MIAA In MIAAvs Court of Appeals, this Court already resolved the
filed a motion for reconsideration, which the Court of Appeals issue of whether the airport lands and buildings of MIAA are
denied. Hence, this petition. exempt from tax under existing laws. The only difference
between the 2006 MIAA case and this case is that the 2006
CA Ruling - held that Sections 193 and 234 of Republic Act No.
MIAA case involved airport lands and buildings located in
7160 or the Local Government Code, which took effect on 1
Parañaque City while this case involved airport lands and
January 1992, withdrew the exemption from payment of real
buildings located in Pasay City.
property taxes granted to natural or juridical persons, including
government-owned or controlled corporations, except local In this case, the Court held that MIAA is not a
water districts, cooperatives duly registered under Republic Act government-owned or controlled corporation under Section
No. 6938, non-stock and non-profit hospitals and educational 2(13) of the Introductory Provisions of the Administrative Code
institutions. Since MIAA is a government-owned corporation, it because it is not organized as a stock or non-stock
follows that its tax exemption under Section 21 of EO 903 has corporation. Neither is MIAA a government-owned or
been withdrawn upon the effectivity of the Local Government controlled corporation under Section 16, Article XII of the 1987
Code. Constitution because MIAA is not required to meet the test of
economic viability. MIAA is a government instrumentality
ISSUE: whether the NAIA Pasay properties of MIAA are
vested with corporate powers and performing essential
exempt from real property tax
public services pursuant to Section 2(10) of the
HELD: The petition is meritorious Introductory Provisions of the Administrative Code. As a
government instrumentality, MIAA is not subject to any kind of
In ruling that MIAA is not exempt from paying real property tax, tax by local governments under Section 133(o) of the Local
the Court of Appeals cited Sections 193 and 234 of the Local Government Code. The exception to the exemption in Section
Government Code which read: 234(a) does not apply to MIAA because MIAA is not a taxable
entity under the Local Government Code. Such exception
SECTION 193. Withdrawal of Tax Exemption Privileges. – applies only if the beneficial use of real property owned by the
Unless otherwise provided in this Code, tax exemptions or Republic is given to a taxable entity. Finally, the Airport Lands
incentives granted to, or presently enjoyed by all persons, and Buildings of MIAA are properties devoted to public use and
whether natural or juridical, including government-owned or thus are properties of public dominion. Properties of public
controlled corporations, except local water districts, dominion are owned by the State or the Republic.
cooperatives duly registered under R.A. No. 6938, non-stock
The definition of "instrumentality" under Section 2(10) of the powers of eminent domain, police authority and the levying of
Introductory Provisions of the Administrative Code of 1987 fees and charges. At the same time, MIAA exercises "all the
uses the phrase "includes x x x government-owned or powers of a corporation under the Corporation Law, insofar as
controlled corporations" which means that a government these powers are not inconsistent with the provisions of this
"instrumentality" may or may not be a "government-owned Executive Order."
or controlled corporation." Obviously, the term government
"instrumentality" is broader than the term "government-owned Thus, MIAA is not a government-owned or controlled
or controlled corporation." Section 2(10) provides: corporation but a government instrumentality which is exempt
from any kind of tax from the local governments. Indeed, the
(10) Instrumentality refers to any agency of the national exercise of the taxing power of local government units is
Government, not integrated within the department framework, subject to the limitations enumerated in Section 133 of the
vested with special functions or jurisdiction by law, endowed Local Government Code.10 Under Section 133(o)11 of the
with some if not all corporate powers, administering special Local Government Code, local government units have no
funds, and enjoying operational autonomy, usually through a power to tax instrumentalities of the national government like
charter. This term includes regulatory agencies, chartered the MIAA. Hence, MIAA is not liable to pay real property tax for
institutions and government-owned or controlled corporations. the NAIA Pasay properties.

The term "government-owned or controlled corporation" has a Furthermore, the airport lands and buildings of MIAA are
separate definition under Section 2(13)8 of the Introductory properties of public dominion intended for public use, and as
Provisions of the Administrative Code of 1987: such are exempt from real property tax under Section 234(a) of
the Local Government Code. However, under the same
(13) Government-owned or controlled corporation refers to provision, if MIAA leases its real property to a taxable person,
any agency organized as a stock or non-stock corporation, the specific property leased becomes subject to real property
vested with functions relating to public needs whether tax.12 In this case, only those portions of the NAIA Pasay
governmental or proprietary in nature, and owned by the properties which are leased to taxable persons like private
Government directly or through its instrumentalities either parties are subject to real property tax by the City of Pasay.
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: Provided, That government-owned or controlled
corporations may further be categorized by the department of
Budget, the Civil Service Commission, and the Commission on
Audit for the purpose of the exercise and discharge of their
respective powers, functions and responsibilities with respect
to such corporations.

The fact that two terms have separate definitions means that
while a government "instrumentality" may include a
"government-owned or controlled corporation," there may be a
government "instrumentality" that will not qualify as a
"government-owned or controlled corporation."

A close scrutiny of the definition of "government-owned or

controlled corporation" in Section 2(13) will show that MIAA
would not fall under such definition. MIAA is a government
"instrumentality" that does not qualify as a
"government-owned or controlled corporation."

MIAA is also not a non-stock corporation because it has no

members. Section 87 of the Corporation Code defines a
non-stock corporation as "one where no part of its income is
distributable as dividends to its members, trustees or officers."
A non-stock corporation must have members. Even if we
assume that the Government is considered as the sole member
of MIAA, this will not make MIAA a non-stock corporation.
Non-stock corporations cannot distribute any part of their
income to their members. Section 11 of the MIAA Charter
mandates MIAA to remit 20% of its annual gross operating
income to the National Treasury. This prevents MIAA from
qualifying as a non-stock corporation.

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. Thus, MIAA exercises the governmental