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Supreme Court: Attorney-General Villa-Real For Appellant. Perfecto J. Salas Rodriguez For Appellee

This case involves a dispute over taxes paid by the National Coal Company. The Company claimed exemption from taxes under Sections 2 and 3 of Act No. 2148, while the Collector of Internal Revenue argued the Company was subject to taxes under Section 291 of the Administrative Code. The Supreme Court examines the evidence and finds that while the government withdrew certain lands for coal mining through a proclamation, this did not grant ownership of the lands to the Company. As the Company did not own the lands and had no permission to mine the coal deposits, it was subject to taxes under the Administrative Code and not exempt under Act No. 2148. The Court therefore reverses the lower court's judgment.
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0% found this document useful (0 votes)
54 views5 pages

Supreme Court: Attorney-General Villa-Real For Appellant. Perfecto J. Salas Rodriguez For Appellee

This case involves a dispute over taxes paid by the National Coal Company. The Company claimed exemption from taxes under Sections 2 and 3 of Act No. 2148, while the Collector of Internal Revenue argued the Company was subject to taxes under Section 291 of the Administrative Code. The Supreme Court examines the evidence and finds that while the government withdrew certain lands for coal mining through a proclamation, this did not grant ownership of the lands to the Company. As the Company did not own the lands and had no permission to mine the coal deposits, it was subject to taxes under the Administrative Code and not exempt under Act No. 2148. The Court therefore reverses the lower court's judgment.
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Republic of the Philippines

SUPREME COURT
Manila
EN BANC
G.R. No. L-22619 December 2, 1924
NATIONAL COAL COMPANY, plaintif-appellee,
vs.
TE COLLECTOR O! INTERNAL RE"ENUE, defendant-
appellant.
Attorney-General Villa-Real for appellant.
Perfecto J. Salas Rodriguez for appellee.
#ONSON, J.:
This action was bou!ht in the Cout of "ist #nstance of the Cit$
of Manila on the %&th da$ of 'ul$, %()*, fo the pupose of
ecovein! the su+ of P%),,--../, alle!ed to have been paid
unde potest b$ the plaintif co+pan$ to the defendant, as
speci0c ta1 on )-,,/(.* tons of coal. 2aid co+pan$ is a
copoation ceated b$ Act No. )&,3 of the Philippine 4e!islatue
fo the pupose of developin! the coal indust$ in the Philippine
#slands and is actuall$ en!a!ed in coal +inin! on eseved lands
belon!in! to the 5oven+ent. #t clai+ed e1e+ption fo+ ta1es
unde the povision of sections %- and %3 of Act No. )&%(, and
pa$ed fo a 6ud!+ent odein! the defendant to efund to the
plaintif said su+ of P%),,--../, with le!al inteest fo+ the date
of the pesentation of the co+plaint, and costs a!ainst the
defendant.
The defendant answeed den$in! !eneall$ and speci0call$ all
the +ateial alle!ations of the co+plaint, e1cept the le!al
e1istence and pesonalit$ of the plaintif. As a special defense,
the defendant alle!ed 7a8 that the su+ of P%),,--../ was paid b$
the plaintif without potests, and 7b8 that said su+ was due and
owin! fo+ the plaintif to the 5oven+ent of the Philippine
#slands unde the povisions of section %-(. of the Ad+inistative
Code and pa$ed that the co+plaint be dis+issed, with costs
a!ainst the plaintif.
9pon the issue thus pesented, the case was bou!ht on fo tial.
Afte a consideation of the evidence adduced b$ both paties,
the :onoable Pedo Conception, 6ud!e, held that the wods
;lands owned b$ an$ peson, etc.,; in section %3 of Act No. )&%(
should be undestood to +ean ;lands held in lease o usufuct,;
in ha+on$ with the othe povision of said Act< that the coal
lands possessed b$ the plaintif, belon!in! to the 5oven+ent,
fell within the povisions of section %3 of Act No. )&%(< and that a
ta1 of P,.,- pe ton of %,,%. =ilos on each ton of coal e1tacted
theefo+, as povided in said section, was the onl$ ta1 which
should be collected fo+ the plaintif< and sentenced the
defendant to efund to the plaintif the su+ of P%%,,/%.%% which
is the difeence between the a+ount collected unde section
%-(. of the Ad+inistative Code and the a+ount which should
have been collected unde the povisions of said section %3 of Act
No. )&%(. "o+ that sentence the defendant appealed, and now
+a=es the followin! assi!n+ents of eo>
#. The cout below eed in holdin! that section %3 of Act No. )&%(
does not efe to coal lands owned b$ pesons and copoations.
##. The cout below eed in holdin! that the plaintif was not
sub6ect to the ta1 pescibed in section %-(. of the
Ad+inistative Code.
The ?uestion confontin! us in this appeal is whethe the plaintif
is sub6ect to the ta1es unde section %3 of Act No. )&%(, o to the
speci0c ta1es unde section %-(. of the Ad+inistative Code.
The plaintif copoation was ceated on the %,th da$ of Mach,
%(%&, b$ Act No. )&,3, fo the pupose of developin! the coal
indust$ in the Philippine #sland, in ha+on$ with the !eneal plan
of the 5oven+ent to encoua!e the develop+ent of the natual
esouces of the count$, and to povided facilities theefo. B$
said Act, the co+pan$ was !anted the !eneal powes of a
copoation ;and such othe powes as +a$ be necessa$ to
enable it to posecute the business of developin! coal deposits in
the Philippine #sland and of +inin!, e1tactin!, tanspotin! and
sellin! the coal contained in said deposits.; 72ec. ), Act No.
)&,3.8 B$ the sa+e law 7Act No. )&,38 the 5oven+ent of the
Philippine #slands is +ade the +a6oit$ stoc=holde, evidentl$ in
ode to insue pope !oven+ent supevision and contol, and
thus to place the 5oven+ent in a position to ende all possible
encoua!e+ent, assistance and help in the posecution and
futheance of the co+pan$@s business.
An Ma$ %-, %(%&, two +onths afte the passa!e of Act No. )&,3,
ceatin! the National Coal Co+pan$, the Philippine 4e!islatue
passed Act No. )&%( ;to povide fo the leasing and
development of coal lands in the Philippine #slands.; An Actobe
%/, %(%&, upon petition of the National Coal Co+pan$, the
5oveno-5eneal, b$ Pocla+ation No. *(, withdew ;fo+
settle+ent, ent$, sale o othe disposition, all coal-beain! public
lands within the Povince of Ba+boan!a, Cepat+ent of
Mindanao and 2ulu, and the #sland of Polillo, Povince of
Ta$abas.; Al+ost i++ediatel$ afte the issuance of said
pocla+ation the National Coal Co+pan$ too= possession of the
coal lands within the said esevation, with an aea of about -,,
hectaes, without an$ futhe fo+alit$, contact o lease. Af the
*,,,,, shaes of stoc= issued b$ the co+pan$, the 5oven+ent
of the Philippine #slands is the owne of )(,/,( shaes, that is, of
(( %D* pe centu+ of the whole capital stoc=.
#f we undestand the theo$ of the plaintif-appellee, it is, that it
clai+s to be the owne of the land fo+ which it has +ined the
coal in ?uestion and is theefoe sub6ect to the povisions of
section %3 of Act No. )&%( and not to the povisions of the
section %-(. of the Ad+inistative Code. That contention of the
plaintif leads us to an e1a+ination of the evidence upon the
?uestion of the owneship of the land fo+ which the coal in
?uestion was +ined. Eas the plaintif the owne of the land fo+
which the coal in ?uestion was +inedF #f the evidence shows the
aG+ative, then the 6ud!+ent should be aG+ed. #f the
evidence shows that the land does not belon! to the plaintif,
then the 6ud!+ent should be evesed, unless the plaintif@s
i!hts fall unde section * of said Act.
The onl$ witness pesented b$ the plaintif upon the ?uestion of
the owneship of the land in ?uestion was M. Cal+acio Costas,
who stated that he was a +e+be of the boad of diectos of the
plaintif copoation< that the plaintif copoation too= possession
of the land in ?uestion b$ vitue of the pocla+ation of the
5oveno-5eneal, =nown as Pocla+ation No. *( of the $ea
%(%&< that no docu+ent had been issued in favo of the plaintif
copoation< that said copoation had eceived no pe+ission
fo+ the 2eceta$ of A!icultue and Natual Resouces< that it
too= possession of said lands covein! an aea of about -,,
hectaes, fo+ which the coal in ?uestion was +ined, solel$, b$
vitue of said pocla+ation 7E1hibit B, No. *(8.
2aid pocla+ation 7E1hibit B8 was issued b$ "ancis Buton
:aison, then 5oveno-5eneal, on the %/th da$ of Actobe,
%(%&, and povided> ;Pusuant to the povision of section &% of
Act No. ()., # heeb$ withdaw fo+ settle+ent, ent$, sale, o
othe disposition, all coal-beain! public lands within the Povince
of Ba+boan!a, Cepat+ent of Mindanao and 2ulu, and the #sland
of Polillo, Povince of Ta$abas.; #t will be noted that said
pocla+ation onl$ povided that all coal-beain! public lands
within said povince and island should be withdawn fo+
settle+ent, ent$, sale, o othe disposition. Thee is nothin! in
said pocla+ation which authoiHes the plaintif o an$ othe
peson to ente upon said evesations and to +ine coal, and no
povision of law has been called to ou attention, b$ vitue of
which the plaintif was entitled to ente upon an$ of the lands so
eseved b$ said pocla+ation without 0st obtainin! pe+ission
theefo.
The plaintif is a pivate copoation. The +ee fact that the
5oven+ent happens to the +a6oit$ stoc=holde does not +a=e
it a public copoation. Act No. )&,3, as a+ended b$ Act No.
)/)), +a=es it sub6ect to all of the povisions of the Copoation
4aw, in so fa as the$ ae not inconsistent with said Act 7No.
)&,38. No povisions of Act No. )&,3 ae found to be inconsistent
with the povisions of the Copoation 4aw. As a pivate
copoation, it has no !eate i!hts, powes o pivile!es than
an$ othe copoation which +i!ht be o!aniHed fo the sa+e
pupose unde the Copoation 4aw, and cetainl$ it was not the
intention of the 4e!islatue to !ive it a pefeence o i!ht o
pivile!e ove othe le!iti+ate pivate copoations in the +inin!
of coal. Ehile it is tue that said pocla+ation No. *( withdew
;fo+ settle+ent, ent$, sale, o othe disposition of coal-beain!
public lands within the Povince of Ba+boan!a . . . and the #sland
of Polillo,; it +ade no povision fo the occupation and opeation
b$ the plaintif, to the e1clusion of othe pesons o copoations
who +i!ht, unde pope pe+ission, ente upon the opeate coal
+ines.
An the %-th da$ of Ma$, %(%&, and befoe the issuance of said
pocla+ation, the 4e!islatue of the Philippine #sland in ;an Act
fo the leasin! and develop+ent of coal lands in the Philippine
#slands; 7Act No. )&%(8, +ade libeal povision. 2ection % of said
Act povides> ;Coal-beain! lands of the public do+ain in the
Philippine #sland shall not be disposed of in an$ +anne e1cept as
povided in this Act,; theeb$ !ivin! a clea indication that no
;coal-beain! lands of the public do+ain; had been disposed of
b$ vitue of said pocla+ation.
Neithe is thee an$ povision in Act No. )&,3 ceatin! the
National Coal Co+pan$, no in the a+end+ents theeof found in
Act No. )/)), which authoiHes the National Coal Co+pan$ to
ente upon an$ of the eseved coal lands without 0st havin!
obtained pe+ission fo+ the 2eceta$ of A!icultue and
Natual Resouces.lawphi.net
The followin! popositions ae full$ sustained b$ the facts and the
law>
7%8 The National Coal Co+pan$ is an odina$ pivate copoation
o!aniHed unde Act No. )&,3, and has no !eate powes no
pivile!es than the odina$ pivate copoation, e1cept those
+entioned, pehaps, in section %, of Act No. )&%(, and the$ do
not chan!e the situation hee.
7)8 #t +ined on public lands between the +onth of 'ul$, %(),, and
the +onths of Mach, %()), )-,,/(.* tons of coal.
7*8 9pon de+and of the Collecto of #ntenal Revenue it paid a
ta1 of P,.3, a ton, as ta1es unde the povisions of aticle %(-.
of the Ad+inistative Code on the %3th da$ of Cece+be, %()).
7-8 #t is ad+itted that it is neithe the owne no the lessee of the
lands upon which said coal was +ined.
738 The pocla+ation of "ancis Buton :aison, 5oveno-
5eneal, of the %/th da$ of Actobe, %(%&, b$ authoit$ of section
% of Act No. ()., withdawin! fo+ settle+ent, ent$, sale, o
othe dispositon all coal-beain! public lands within the Povince
of Ba+boan!a and the #sland of Polillo, was not a esevation fo
the bene0t of the National Coal Co+pan$, but fo an$ peson o
copoation of the Philippine #slands o of the 9nited 2tates.
7.8 That the National Coal Co+pan$ enteed upon said land and
+ined said coal, so fa as the ecod shows, without an$ lease o
othe authoit$ fo+ eithe the 2eceta$ of A!icultue and
Natual Resouces o an$ peson havin! the powe to !ant a
leave o authoit$.
"o+ all of the foe!oin! facts we 0nd that the issue is well
de0ned between the plaintif and the defendant. The plaintif
contends that it was liable onl$ to pa$ the intenal evenue and
othe fees and ta1es povided fo unde section %3 of Act No.
)&%(< while the defendant contends, unde the facts of ecod,
the plaintif is obli!ed to pa$ the intenal evenue dut$ povided
fo in section %-(. of the Ad+inistative Code. That bein! the
issue, an e1a+ination of the povisions of Act No. )&%( beco+es
necessa$.
An e1a+ination of said Act 7No. )&%(8 discloses the followin!
facts i+potant fo consideation hee>
"ist. All ;coal-beain! lands of the public do+ain in the Philippine
#slands shall not be disposed of in an$ +anne e1cept as
povided in this Act.; 2econd. Povisions fo leasin! b$ the
2eceta$ of A!icultue and Natual Resouces of ;uneseved,
unappopiated coal-beain! public lands,; and the obli!ation to
the 5oven+ent which shall be i+posed b$ said 2eceta$ upon
the lessee.lawphi.net
Thid. The intenal evenue dut$ and ta1 which +ust be paid
upon coal-beain! lands owned b$ an$ peson, 0+, association
o copoation.
To epeat, it will be noted, 0st, that Act No. )&%( povides an
intenal evenue dut$ and ta1 upon uneseved, unappopiated
coal-beain! public lands which +a$ be leased b$ the 2eceta$
of A!icultue and Natual Resouces< and, second, that said Act
7No. )&%(8 povides an intenal evenue dut$ and ta1 i+posed
upon an$ peson, 0+, association o copoation, who +a$ be
the owne of ;coal-beain! lands.; A eadin! of said Act cleal$
shows that the ta1 i+posed theeb$ is i+posed upon two classes
of pesons onl$ I lessees and ownes.
The lowe cout had so+e touble in dete+inin! what was the
coect intepetation of section %3 of said Act, b$ eason of what
he believed to be so+e difeence in the intepetation of the
lan!ua!e used in 2panish and En!lish. Ehile thee is so+e
!ound fo confusion in the use of the lan!ua!e in 2panish and
En!lish, we ae pesuaded, considein! all the povisions of said
Act, that said section %3 has efeence onl$ to pesons, 0+s,
associations o copoations which had alead$, pio to the
e1istence of said Act, beco+e the ownes of coal lands. 2ection
%3 cannot cetaint$ efe to ;holdes o lessees of coal lands@ fo
the eason that pacticall$ all of the othe povisions of said Act
has efeence to lessees o holdes. #f section %3 +eans that the
pesons, 0+s, associations, o copoation +entioned theein
ae holdes o lessees of coal lands onl$, it is diGcult to
undestand wh$ the intenal evenue dut$ and ta1 in said section
was +ade difeent fo+ the obli!ations +entioned in section *
of said Act, i+posed upon lessees o holdes.
"o+ all of the foe!oin!, it see+s to be +ade plain that the
plaintif is neithe a lessee no an owne of coal-beain! lands,
and is, theefoe, not sub6ect to an$ othe povisions of Act No.
)&%(. But, is the plaintif sub6ect to the povisions of section %-(.
of the Ad+inistative CodeF
2ection %-(. of the Ad+inistative Code povides that ;on all coal
and co=e thee shall be collected, pe +etic ton, 0ft$ centavos.;
2aid section 7%-(.8 is a pat of aticle, . which povides fo
speci0c ta1es. 2aid aticle povides fo a speci0c intenal evenue
ta1 upon all thin!s +anufactued o poduced in the Philippine
#slands fo do+estic sale o consu+ption, and upon thin!s
i+poted fo+ the 9nited 2tates o foei!n counties. #t havin!
been de+onstated that the plaintif has poduced coal in the
Philippine #slands and is not a lessee o owne of the land fo+
which the coal was poduced, we ae cleal$ of the opinion, and
so hold, that it is sub6ect to pa$ the intenal evenue ta1 unde
the povisions of section %-(. of the Ad+inistative Code, and is
not sub6ect to the pa$+ent of the intenal evenue ta1 unde
section %3 of Act No. )&%(, no to an$ othe povisions of said
Act.
Theefoe, the 6ud!+ent appealed fo+ is heeb$ evo=ed, and
the defendant is heeb$ elieved fo+ all esponsibilit$ unde the
co+plaint. And, without an$ 0ndin! as to costs, it is so odeed.
Street! "alcolm! Avance#a! Villamor! $strand and Romualdez! JJ.!
concur.

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