G.R. No.
180110, May 30, 2016 Submarine or undersea communications cables are akin to
CAPITOL WIRELESS, INC., Petitioner, v. THE PROVINCIAL
TREASURER OF BATANGAS, THE PROVINCIAL ASSESSOR OF
BATANGAS, THE MUNICIPAL TREASURER AND ASSESSOR OF
NASUGBU, BATANGAS, Respondents.
FACTS:
Petitioner Capitol Wireless Inc. (Capwire) is a Philippine
corporation in the business of providing international
telecommunications services
Capwire has signed agreements with other local and foreign
telecommunications companies covering an international network
of submarine cable systems
The agreements provide for co-ownership and other rights among
the parties over the network
Petitioner Capwire claims that it is co-owner only of the so-called
"Wet Segment" of the APCN, while the landing stations or
terminals and Segment E of APCN located in Nasugbu, Batangas
are allegedly owned by the PLDT
Such was reported in its financial books as "Indefeasible Rights in
Cable Systems”
It was assessed that the value of Petitioners cable consisted of
203,000,000(APCN), 65,662,000(BMP-CNS), 7,540,000(SEA),
1,789,000(GP-CNS)
The provincial assessor of Batangas, because of such assessment
over the cables, held petitioner liable for Real Property tax:
162,640,000(APCN), 52,529,600( BMP), 6,032,000(SEA),
1,431,000(GP-CNS)
On February 7, 2003 and March 4, 2003, Capwire received a
Warrant of Levy and a Notice of Auction Sale, respectively, from
the respondent Provincial Treasurer of Batangas
Capwire filed a Petition for Prohibition and Declaration of Nullity
of Warrant of Levy, Notice of Auction Sale and/or Auction Sale
with the Regional Trial Court (RTC) of Batangas City.
RTC: DISMISSED, failure of the petitioner Capwire to follow the
requisite of payment under protest as well as failure to appeal to
the Local Board of Assessment Appeals (LBAA)
MR: Denied
CA: AFFIRMEND
ISSUE: WON submarine wires or cables used for communications
may be taxed like other real estate------YES
HELD:
electric transmission lines which this Court has recently declared
in Manila Electric Company v. City Assessor and City Treasurer of
Lucena City,37 as "no longer exempted from real property tax" and
may qualify as "machinery" subject to real property tax under the
Local Government Code. To the extent that the equipment's
location is determinable to be within the taxing authority's
jurisdiction, the Court sees no reason to distinguish between
submarine cables used for communications and aerial or
underground wires or lines used for electric transmission, so that
both pieces of property do not merit a different treatment in the
aspect of real property taxation. Both electric lines and
communications cables, in the strictest sense, are not directly
adhered to the soil but pass through posts, relays or landing
stations, but both may be classified under the term "machinery"
as real property under Article 415(5)38 of the Civil Code for the
simple reason that such pieces of equipment serve the owner's
business or tend to meet the needs of his industry or works that
are on real estate.
A classic example is a boathouse which, by its nature, is a vessel
and, therefore, a personal property but, if it is tied to the shore
and used as a residence, and since it floats on waters which is
immovable, is considered real property.40 Besides, the Court has
already held that "it is a familiar phenomenon to see things
classed as real property for purposes of taxation which on general
principle might be considered personal property.
Thus, absent any showing from Capwire of any express grant of an
exemption for its lines and cables from real property taxation,
then this interpretation applies and Capwire's submarine cable
may be held subject to real property tax.
Having determined that Capwire is liable, and public respondents
have the right to impose a real property tax on its submarine
cable, the issue that is unresolved is how much of such cable is
taxable based on the extent of Capwire's ownership or co-
ownership of it and the length that is laid within respondents'
taxing jurisdiction. The matter, however, requires a factual
determination that is best performed by the Local and Central
Boards of Assessment Appeals, a remedy which the petitioner did
not avail of
As earlier stated, a way for Capwire to claim that its cable system
is not covered by such authority is by showing a domestic
enactment or even contract, or an international agreement or
treaty exempting the same from real property taxation. It failed to
do so, however, despite the fact that the burden of proving
exemption from local taxation is upon whom the subject real
property is declared.51 Under the Local Government Code, every
person by or for whom real property is declared, who shall claim
tax exemption for such property from real property taxation "shall
file with the provincial, city or municipal assessor within thirty
(30) days from the date of the declaration of real property
sufficient documentary evidence in support of such
claim."52 Capwire omitted to do so. And even under Capwire's
legislative franchise, RA 4387, which amended RA 2037, where it
may be derived that there was a grant of real property tax
exemption for properties that are part of its franchise, or directly
meet the needs of its business,53 such had been expressly
withdrawn by the Local Government Code, which took effect on
January 1, 1992, Sections 193 and 234 of which provide:54

Section 193. Withdrawal of Tax Exemption Privileges. -

Unless otherwise provided in this Code, tax
exemptions or incentives granted to, or presently
enjoyed by all persons, whether natural or juridical,
including government-owned or controlled
corporations, except local water districts,
cooperatives duly registered under R.A. No. 6938,
nonstock and nonprofit hospitals and educational
institutions, are hereby withdrawn upon the
effectivity of this Code.

x x x x

Section 234. Exemptions from Real Property Tax. - The

following arc exempted from payment of the real
property tax:

(a) Real property owned by the Republic of the

Philippines or any of its political subdivisions except
when the beneficial use thereof has been granted, for
consideration of otherwise, to a taxable person;

(b) Charitable institutions, churches, parsonages or

convents appurtenant thereto, mosques, nonprofit or
religious cemeteries and all lands, buildings, and
improvements actually, directly, and exclusively used
for religious, charitable or educational purposes;

(c) All machineries and equipment that are actually,

directly and exclusively used by local water districts
and government-owned or controlled corporations
engaged in the supply and distribution of water and/or
generation and transmission of electric power;

(d) All real property owned by duly registered

cooperatives as provided for under R.A. No. 6938; and

(c) Machinery and equipment used for pollution

control and environmental protection.

Except as provided herein, any exemption from

payment of real property tax previously granted to, or
presently enjoyed by, all persons, whether natural or
juridical, including all government-owned or
controlled corporations arc hereby withdrawn upon
the effectivity of this Code

Capwire fails to allege or provide any other

privilege or exemption that were granted to it
by the legislature after the enactment of the
Local Government Code. Therefore, the
presumption stays that it enjoys no such
privilege or exemption. Tax exemptions are
strictly construed against the taxpayer because
taxes are considered the lifeblood of the nation

WHEREFORE, the petition is DENIED