Grno21 1
Grno21 1
Grno21 1
Philippine Supreme Court Jurisprudence > Year 2021 > June 2021 Decisions
> G.R. No. 219506 - MUNICIPALITY OF SAN MATEO, ISABELA, REPRESENTED
BY MUNICIPAL MAYOR CRISPINA R. AGCAOILI, M.D., AND ATTY. ALFREDO S.
REMIGIO, IN HIS CAPACITY AS THE MUNICIPAL LEGAL OFFICER, Petitioners,
v. SMART COMMUNICATIONS, INC., Respondent. :
G.R. No. 219506 - MUNICIPALITY OF SAN MATEO, ISABELA, REPRESENTED
BY MUNICIPAL MAYOR CRISPINA R. AGCAOILI, M.D., AND ATTY. ALFREDO S.
REMIGIO, IN HIS CAPACITY AS THE MUNICIPAL LEGAL OFFICER, Petitioners,
v. SMART COMMUNICATIONS, INC., Respondent.
DECISION
ZALAMEDA, J.:
This Court, despite its vast powers, will not review the wisdom or propriety of
governmental policies, but will strike them down only on either of these two
(2) grounds: (1) unconstitutionality or illegality and/or (2) grave abuse of
discretion. The courts accord the presumption of constitutionality to
legislative enactments including municipal ordinances. This presumption may
be set aside only when invalidity or unreasonableness appears on the face of
the ordinance, or is established by proper evidence. Through this case, the
Court reiterates that the burden to establish the law's invalidity rests upon
June-2021 Jurisprudence the party challenging the same. Without dismantling the presumption of
validity, the Court will not interfere with legislative acts and will respect the
judgment of the local authorities as regards their ordinances.
G.R. No. 200658 - SALVACION
The Case
A. LAMADRID, Petitioner, v.
CATHAY PACIFIC AIRWAYS
This Petition for Review on Certiorari1 (Petition) seeks to reverse and set
LIMITED AND VIVIAN LO,
aside the Decision dated 13 February 20152 and the Resolution dated 18
Respondents.
June 20153 of the Court of Appeals (CA) in CA-G.R. SP No. 136173. The CA
G.R. No. 231902 - DENNIS in its Decision affirmed the Order dated 08 May 20144 of Branch 19, Regional
OLIVER CASTRONUEVO LUNA, Trial Court (RTC) of Cauayan City, Isabela in SCA Case No. 20-541.
Petitioner, v. PEOPLE OF THE
Antecedents
PHILIPPINES, Respondent.
On 27 June 2005, petitioner Municipality of San Mateo, Isabela (petitioner)
G.R. No. 207418 - ROSELLA enacted Ordinance No. 2005-491 (subject Ordinance) entitled, "An Ordinance
BARLIN, Petitioner, v. PEOPLE OF imposing Regulatory Fee known as Annual Antenna/Tower Fee for the
THE PHILIPPINES, Respondent. Operation if All Citizens Ban (CB), Very High Frequency (VHF), Ultra High
Frequency (UHF) and Cellular Sites/Relay Stations Within the Municipality"
G.R. No. 206667 - GUILLERMA pursuant to its power under Section 186 of Republic Act No. (RA) 71605 or
S. SILVA, Petitioner, v. CONCHITA the Local Government Code of 1991(LGC) to levy other taxes, fees or
S. LO, Respondent.
charges within its jurisdiction.6
G.R. No. 248306 - REPUBLIC Pursuant to the subject Ordinance, an annual fee is imposed for the
OF THE PHILIPPINES, Petitioner, operation of antenna cell sites/relay stations, which include: (1) antenna
v. SCIENCE PARK OF THE tower. base for citizen's band radio (Php10,000.00); (2) antenna mast
PHILIPPINES, INC., REP. BY ITS base/tower for ultra high frequency/very high frequency discs for
EXECUTIVE VICE-PRESIDENT transmitters and receivers (Php50,000.000); and (3) tower sites for cell
AND GEN. MANAGER, MR. site/relay station (Php200,000.00).7
RICHARD ALBERT I. OSMOND, Petitioner conducted public and committee hearings in relation to the subject
Respondents. ordinance on 09 May 2005, for which the Santiago City Branch of respondent
Smart Communications, Inc. (SCI) was duly notified. Upon conclusion of the
G.R. No. 252467 - FRANK hearing, the Committee on Rules and Amendments and Ways and Means
COLMENAR, IN HIS CAPACITY AS recommended the adoption of the subject Ordinance in its Report addressed
AN HEIR OF THE LATE to the Sangguniang Bayan of petitioner.8
FRANCISCO COLMENAR,
Petitioner, v. APOLLO A. The subject ordinance was then adopted and published in the 18-24 July
COLMENAR, JEANNIE COLMENAR 2005 issue of City Star, a newspaper of local circulation within Region 2, in
MENDOZA, VICTORIA JET accordance with Section 188 of the LGC. The same was thereafter forwarded
COLMENAR, PHILIPPINE ESTATES to the Office of the Sangguniang Panlalawigan of Isabela for validation and
G.R. No. 247702 - ANTONIO D. Thereafter, the petition was transferred to RTC-Branch 19.13
G.R. No. 249459 - PEOPLE OF allegations that the subject Ordinance is unjust and excessive. Further, the
THE PHILIPPINES, Petitioner, v. amount imposed, i.e., Php200,000.00, is only 2% of SCI's gross sales
NOEL SABATER Y ULAN, (Php10,000,000.00) in the preceding calendar year, in line with Section 143
Respondent. (h) of the LGC. At any rate, SCI should have presented evidence that its
gross sales does not exceed Php10,000,000.00 so as to prove that the
G.R. No. 250584 - Php200,000.00-fee does not comply with the LGC.23
CHRISTOPHER C. CALERA,
On the other hand, SCI maintains that the imposition of tower fees, being a
Petitioner, v. HOEGH FLEET
regulatory measure, is legally infirm as it involves excessive fees. SCI is
SERVICES PHILIPPINES,
likewise adamant that there is no need to exhaust administrative remedies
INCORPORATED, Respondent.
since the issue involved is purely a legal question.24
while Section 14726 of the same law provides for the fees and charges that
G.R. No. 250523 - ATCI may be imposed by municipalities on business and occupation.27
OVERSEAS CORPORATION AND
AMALIA G. IKDAL, Petitioners, v. The term "taxes" has been defined by case law as "the enforced proportional
ASSET POOL A (SPV-AMC), INC., contributions from persons and property levied by the state for the support
Respondent. of government and for all public needs." While, under the LGC, a "fee" is
defined as "any charge fixed by law or ordinance for the regulation or
G.R. No. 253812 - NOILA The Court En Banc in Smart Communications, Inc. v. Municipality of Malvar30
SABAN Y BANSIL @ "NAWILA" determined the nature of Ordinance No. 18 assailed therein after a reading of
A.K.A. "NAWILA SABAN Y the ordinance's whereas clauses which revealed that the primary purpose of
CARABAO," Petitioner, v. PEOPLE the ordinance was to regulate cell sites or telecommunications towers. Since
OF THE PHILIPPINES, the whereas clauses showed that the ordinance served a regulatory purpose,
Respondent. it was ruled that the case involved a fee and not a tax. The Court also
underlined in said case that while the fees in issue may contribute to the
G.R. No. 203478 - ARMANDO revenues of therein respondent, this is merely incidental. As such, the
H. DE JESUS, Petitioner, v. INTER- assailed fees are not taxes.31
ORIENT MARITIME ENTERPRISES,
In the case at bar, a cursory reading of the whereas clauses makes it
INC., INTER-ORIENT MARITIME
apparent that the primary purpose of Ordinance No. 2005-491 is "to
ENT., INC. LIBERIA,
regulate the proliferation of these CB [Citizens Band], VHF/UHF [Very High
GRIGOROUSSA I MARIN'E S.A.-
Frequency/ Ultra High Frequency], parabolic discs and towers" erected within
MONROVIA LIBERIA,
petitioner's municipality "to ensure the safety of their operations." The
Respondents.
subject ordinance underlines that: (1) "due to its location, San Mateo is
considered as strategic place for the installation and operation of repeater /
A.M. No. P-12-3049 - IN RE:
transmitter facilities of communication companies"; (2) "communication
LETTER OF ATTY. JOSE C.
facilities such as cellular sites, towers and parabolic discs intended for
CORALES, CLERK OF COURT VI,
commercial and private uses start to proliferate" and that (3) "these
OFFICE OF THE CLERK OF COURT,
REGIONAL TRIAL COURT, facilities, directly or indirectly, affect the populace."32 Evidently, the
BATANGAS CITY, RELATIVE TO Ordinance was issued to address the concerns grounded on the proliferation
THE FILING OF CRIMINAL CASE of the enumerated facilities which affect petitioner's populace.
AGAINST HERMOGENES M.
Considering the above, the main purpose of the assailed ordinance is clearly
GUICO, JR., CLERK III, SAME
to regulate the installation and maintenance of the enumerated
OFFICE, FOR VIOLATION OF R.A.
communication facilities erected within the Municipality of San Mateo,
NO. 9165. (FORMERLY A.M. NO.
Isabela. Consequently, the fees imposed in Ordinance No. 2005-491 are
12-2-31-RTC)OFFICE OF THE
primarily regulatory in nature and not primarily revenue-raising. While the
COURT ADMINISTRATOR, fees contribute to the revenues of petitioner, this effect is merely incidental.
Complainant, v. HERMOGENES M. Thus, the fees imposed in Ordinance No. 2005-491 are not taxes.33
GUICO, JR., CLERK III, OFFICE OF
THE CLERK OF COURT, REGIONAL In this regard, Section 187 of the LGC, which outlines the procedure for
TRIAL COURT, BATANGAS CITY, questioning the constitutionality of a tax ordinance, is inapplicable, rendering
settled is the rule that every law, including ordinances, is presumed valid.38
G.R. No. 242257 - IN THE This presumption may be set aside when invalidity or unreasonableness: (1)
MATTER OF PETITION FOR WRIT appears on the face of the ordinance, or (2) is established by proper
OF AMPARO OF VIVIAN A. evidence.39
SANCHEZ. VIVIAN A. SANCHEZ,
Petitioner, v. PSUPT. MARC SCI insists that Ordinance No. 2005-491 is null and void for being unjust,
ANTHONY D. DARROCA, CHIEF OF excessive and confiscatory. Specifically, SCI ascribes the following reasons to
POLICE, SAN JOSE MUNICIPAL invalidate the ordinance: (1) the amount imposed has no reasonable
POLICE STATION; PSSUPT. LEO justification, (2) the wisdom of its imposition is left for SCI to figure out, and
G.R. No. 252902 - PEOPLE OF Cagayan Electric Power & Light Co., Inc.,42 and thus evaluate the ordinance
THE PHILIPPINES, Plaintiff- in the light of the evidence presented by SCI to reach a conclusive
G.R. No. 219317 - CATHAY fee produces revenue in excess of the cost of the regulation, inspection and
PACIFIC STEEL CORPORATION, licensing, it will be considered excessive, and hence, fail the test of judicial
Petitioner, v. CHARLIE CHUA UY, scrutiny.46 Thus, the Court is faced with the question of whether or not the
JR., Respondent. tower fee in the amount of Php200,000.00 collected annually violated
Section 147 of the LGC which provides that fees must be commensurate with
G.R. No. 244649 - the cost of regulation, inspection and licensing.
CARMENCITA C. DAEP, AMEIFE L.
For SCI's failure to establish excessiveness, We rule in the negative. A
LACBAIN, ARNOLD B. CALCI�A,
judicious perusal of the records fails to reveal anything definitively showing
AND ERNESTO M. MILLENA,
the ordinance's unreasonable, excessive, oppressive, or confiscatory nature;
Petitioners, v. SANDIGANBAYAN - therefore, because it enjoys the presumption of validity, this Court is
FOURTH DIVISION AND PEOPLE constrained to reverse the decision of the CA.47
OF THE PHILIPPINES,
Respondents. The presumption of validity is a corollary of the presumption of
constitutionality, a legal theory of common-law origin developed by courts to
G.R. No. 222505 - LOURDES deal with cases challenging the constitutionality of statutes. The presumption
C. AKIAPAT, BILLY CACHERO AND of constitutionality, in its most basic sense, only means that courts, in
NOEL CACHERO, Petitioners, v. passing upon the validity of a law, will afford some deference to the statute
SUMMIT BANK (RURAL BANK OF and charge the party assailing it with the burden of showing that the act is
TUBLAY [BENGUET], INC.), incompatible with the constitution. The doctrine comes into operation when a
Respondent. [G.R. No. 222776, party comes to court praying that a law be set aside for being
June 28, 2021] RICHARD unconstitutional. In effect, it places a heavy burden on the act's assailant to
CACHERO, JEANETTE C. GAMBOA prove invalidity beyond reasonable doubt; it commands the clearest showing
AND TERESITA C. MAINEM, of a constitutional infraction. Accordingly, before a law may be struck down
Petitioners, v. SUMMIT BANK as unconstitutional courts must be certain that there exists a clear and
(RURAL BANK OF TUBLAY unequivocal breach of the constitution, and not one that is speculative or
In the instant case, the CA annulled the subjet Ordinance for being unjust,
G.R. No. 209756 - DIONISIO
excessive and confiscatory.49 The CA ruled that the ordinance was legally
M. REYES, Petitioner, v.
infirm because the amount imposed lacked reasonable justification. It
MAGSAYSAY MITSUI OSK MARINE
emphasized that the parameters and computations employed to set the fees
INC., MOL SHIPMANAGEMENT
CO., LTD., AND/OR CAPT. at the amount prescribed were not explained nor divulged.50 Additionally, the
FRANCISCO MENOR, RTC held that the regulatory fee imposed would have been valid if the
JAMORABO,* Respondents. quo, the ordinance was never shown to be violative of the rule that fees must
SANTOS, EDGARDO ABAGAT, Court upheld the validity of the ordinance imposing Php500.00 annually for
(HEREIN REPRESENTED BY HIS companies operating in the city, which amounted to a total of
NOW WIDOW ELNOR C. Php8,500,000.00 fee due from therein respondent.61 Considering that said
PANGILINAN), JANNEL LORD M. ordinance was pronounced valid and such amount was considered reasonable
BONDOC (NOW HEREIN despite therein respondent's allegation that the fee was unjust and
REPRESENTED BY JAZMIN excessive, We do not see why the same. standard may not be applied in this
ALFONSO), AND ROEL M. case.
GUTIERREZ, Petitioners, v.
Here, as the party assailing the ordinance, it was SCI's responsibility to prove
MAGNOLIA POULTRY
the amount's excessiveness; it had the burden to show that the fee was not
PROCESSING PLANT (MPPP),
commensurate with the cost of regulation, inspection and licensing. Be that
NOW NAMED SAN MIGUEL
as it may, for the reasons discussed above, SCI failed to dismantle the
FOODS, INC., (SMFI) - MPPP,
presumption of validity because it never established that the city council
Respondent. [G.R. NO. 231636]
abused its discretion in setting the amount of the fee at P200,000.00.62
SAN MIGUEL FOODS, INC.,
Petitioner, v. RONALD O. Thus, the CA erred in declaring the ordinance invalid. Courts, as a rule, must
MARTINEZ, JUSTINO D. BUCAY, refrain from interfering with legislative acts, lest they stray into the realm of
EDUARDO D. CANLAS, EDWIN Q. policy decision-making. The public interest is best served by allowing the
CANSINO, REYNALDO C. CAPILI,
political processes to operate without undue interference.63 Indeed, the
EMERITO D. CAPILI, DAVID L.
courts accord the presumption of constitutionality to legislative enactments,
CAYANAN, ROMEO C. CORTEZ,
not only because the legislature is presumed to abide by the Constitution,
RENATO T. FRANCO, JERWIN P.
but also because the judiciary, in the determination of actual cases and
GADIA, FREDERICK V. ILANO,
controversies, must reflect the wisdom and justice of the people as
ERNESTO C. I�OSA, JUANITO
expressed through their representatives in the government's executive and
A. LOBARDIO, ERNESTO L.
MANGIO, GARRY L. MA�ACOP, legislative departments. This Court, despite its vast powers, will not review
GELICO A. MARZAN, BIENVENIDO the wisdom, merits, or propriety of governmental policies, but will strike
D. MILLAN, JR., BENEDICTO O. them down only on either of two grounds: (1) unconstitutionality or illegality
MIRANDA, AARON T. OLIQUINO, and/or (2) grave abuse of discretion. For having failed to show any of the
EDGAR C. PANGILINAN, ARNOLD above in the passage of the assailed ordinance, SCI's remedy consequently
B. PEREZ, GERARDO S. ROXAS, lies not with the Court, but with the executive and legislative branches of the
ROBERT LAXAMANA, ALBERT government.64
SANTOS, EDGARDO ABAGAT,
EDGARDO VILLAVICENCIO It is also worthy to note that the subject Ordinance does not encroach on the
(HEREIN REPRESENTED BY HIS regulatory powers of the National Telecommunications Commission (NTC)
NOW WIDOW ELNOR C. contrary to what the RTC has mentioned in its Order. The fees are not
PANGILINAN), JANNEL LORD M. imposed to regulate the administrative, technical, financial, or marketing
BONDOC (NOW HEREIN operations of telecommunications entities, such as SCI's. Rather, to regulate
REPRESENTED BY JAZMIN the installation and maintenance of communication facilities and physical
ALFONSO), AND ROEL M. structures � SCI's cell sites or telecommunications tower, an exercise of
53Id.
G.R. No. 218378 - NATIONAL
POWER CORPORATION, Petitioner, 54Social Security System v. Commission on Audit, G.R. No.
v. BENGUET ELECTRIC
243278, 03 November 2020 [Per J. Caguioa], citing Republic v.
COOPERATIVE, INC., Respondent.
Catubag, G.R. No. 210580, 18 April 2018, 861 SCRA 687, 709
[Per J. Reyes, Jr.].
G.R. No. 230818 - EFRAIM C.
GENUINO, Petitioner, v. 55Rollo, p. 303.
COMMISSION ON AUDIT (COA),
56Id. at 258-260.
COA OFFICE OF THE DIRECTOR,
CORPORATE GOVERNMENT
57Supra at note 28.
SECTOR, CLUSTER 6,
REPRESENTED BY DIRECTOR 58Rollo, p. 11.
JOSEPH B. ANACAY, AND THE
OFFICE OF THE COA 59 Supra at note 28, citing Morcoin Co., Ltd. v. City of Manila,
SUPERVISING AUDITOR - supra at note 42.
PHILIPPINE AMUSEMENT AND
60Id.
GAMING CORPORATION
(PAGCOR), REPRESENTED BY
61Id.
AUDITOR BELEN B. LADINES,
Respondents. 62Id.
COMMISSION ON AUDIT,
REPRESENTED BY CHAIRPERSON [Per J. Caguioa], citing Saguisag v. Ochoa, Jr., 791 Phil. 277, 299
MICHAEL AGUINALDO, (2016), G.R. No. 212426, 12 January 2016 [Per J. Sereno].
Respondent.
65Supra at note 27.cralawredlibrary