Manila International Airport Authority vs. City of Pasay G.R. No. 163072 April 2, 2009

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MANILA INTERNATIONAL AIRPORT AUTHORITY vs.

CITY OF PASAY
G.R. No. 163072 April 2, 2009

RULING:
In Manila International Airport Authority v. Court of Appeals[6] (2006 MIAA case), this
Court already resolved the issue of whether the airport lands and buildings of MIAA are exempt
from tax under existing laws. The 2006 MIAA case originated from a petition for prohibition and
Injunction which MIAA filed with the Court of Appeals, seeking to restrain the City of
Parañaque from imposing real property tax on, levying against, and auctioning for public sale the
airport lands and buildings located in Parañaque City. The only difference between the 2006
MIAA case and this case is that the 2006 MIAA case involved airport lands and buildings
located in Parañaque City while this case involved airport lands and buildings located in Pasay
City. The 2006 MIAA case and this case raised the same threshold issue: whether the local
government can impose real property tax on the airport lands, consisting mostly of the runways,
as well as the airport buildings, of MIAA. In the 2006 MIAA case, this Court held:
To summarize, MIAA is not a government-owned or controlled corporation under
Section 2(13) of the Introductory Provisions of the Administrative Code because it is not
organized as a stock or non-stock corporation. Neither is MIAA a government-owned or
controlled corporation under Section 16, Article XII of the 1987 Constitution because MIAA is
not required to meet the test of economic viability. MIAA is a government instrumentality vested
with corporate powers and performing essential public services pursuant to Section 2(10) of the
Introductory Provisions of the Administrative Code. As a government instrumentality, MIAA is
not subject to any kind of tax by local governments under Section 133(o) of the Local
Government Code. The exception to the exemption in Section 234(a) does not apply to MIAA
because MIAA is not a taxable entity under the Local Government Code. Such exception applies
only if the beneficial use of real property owned by the Republic is given to a taxable entity.
(Manila International Airport Authority vs. Pasay G.R. No. 163072 April 02, 2009)

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