NPC v. City of Cabanatuan obvious import is to limit the exemptions to the three enumerated entities.

It is a basic precept of
statutory construction that the express mention of one person, thing, act, or consequence excludes all
FACTS: NAPOCOR, the petitioner, is a GOCC created under Commonwealth Act 120. It is tasked to others as expressed in the familiar maxim expressio unius est exclusio alterius. In the absence of any
undertake the development of hydroelectric generations of power and the production of electricity provision of the Code to the contrary, and we find no other provision in point, any existing tax
from nuclear, geothermal, and other sources, as well as, the transmission of electric power on a exemption or incentive enjoyed by MERALCO under existing law was clearly intended to be withdrawn.
nationwide basis. Reading together sections 137 and 193 of the LGC, we conclude that under the LGC the local
For many years now, NAPOCOR sells electric power to the resident Cabanatuan City, posting government unit may now impose a local tax at a rate not exceeding 50% of 1% of the gross annual
a gross income of P107,814,187.96 in 1992. Pursuant to Section 37 of Ordinance No. 165-92, the receipts for the preceding calendar based on the incoming receipts realized within its territorial
respondent assessed the petitioner a franchise tax amounting to P808,606.41, representing 75% of 1% jurisdiction. The legislative purpose to withdraw tax privileges enjoyed under existing law or charter is
of the formers gross receipts for the preceding year. clearly manifested by the language used on (sic) Sections 137 and 193 categorically withdrawing such
Petitioner, whose capital stock was subscribed and wholly paid by the Philippine exemption subject only to the exceptions enumerated. Since it would be not only tedious and
Government, refused to pay the tax assessment. It argued that the respondent has no authority to impractical to attempt to enumerate all the existing statutes providing for special tax exemptions or
impose tax on government entities. Petitioner also contend that as a non-profit organization, it is privileges, the LGC provided for an express, albeit general, withdrawal of such exemptions or
exempted from the payment of all forms of taxes, charges, duties or fees in accordance with Sec. 13 privileges. No more unequivocal language could have been used.
of RA 6395, as amended. Doubtless, the power to tax is the most effective instrument to raise needed revenues to
The respondent filed a collection suit in the RTC of Cabanatuan City, demanding that finance and support myriad activities of the local government units for the delivery of basic services
petitioner pay the assessed tax, plus surcharge equivalent to 25% of the amount of tax and 2% monthly essential to the promotion of the general welfare and the enhancement of peace, progress, and
interest. Respondent alleged that petitioners exemption from local taxes has been repealed by Sec. prosperity of the people. As this Court observed in the Mactan case, the original reasons for the
193 of RA 7160 (LGC), which reads as follows: withdrawal of tax exemption privileges granted to government-owned or controlled corporations and
Sec. 193. Withdrawal of Tax Exemption Privileges.- Unless otherwise provided in this Code, all other units of government were that such privilege resulted in serious tax base erosion and
tax exemptions or incentives granted to, or presently enjoyed by all persons, whether natural or distortions in the tax treatment of similarly situated enterprises. With the added burden of
juridical, including government owned or controlled corporations, except local water districts, devolution, it is even more imperative for government entities to share in the requirements of
cooperatives duly registered under R.A. No. 6938, non-stock and non-profit hospitals and educational development, fiscal or otherwise, by paying taxes or other charges due from them.
institutions, are hereby withdrawn upon the effectivity of this Code.
The RTC upheld NPCs tax exemption and dismissed the case. On appeal the CA reversed the Facts: City of Cabanatuan filed a collection suit against NAPOCOR, a government-owned and controlled
trial courts Order on the ground that section 193, in relation to sections 137 and 151 of the LGC, corporation demanding that the latter pay the assessed franchise tax due, plus surcharge and interest.
expressly withdrew the exemptions granted to the petitioner. It alleged that NAPOCORs exemption from local taxes has already been withdrawn by the Local
Government Code. NAPOCOR submitted that it is not liable to pay an annual franchise because the
ISSUE: W/N respondent city government has the authority to issue Ordinance No. 165-92 and impose citys taxing power is limited to private entities that are engaged in trade or occupation for profit, and
an annual tax on businesses enjoying a franchise that the NAPOCOR Charter, being a valid exercise of police power, should prevail over the LGC.

HELD: YES. Taxes are the lifeblood of the government, for without taxes, the government can neither Issue: Whether NAPOCOR is liable to pay annual franchise tax to the City of Cabanatuan
exist nor endure. A principal attribute of sovereignty, the exercise of taxing power derives its source
from the very existence of the state whose social contract with its citizens obliges it to promote public Held: Yes. The power to tax is no longer vested exclusively on Congress; local legislative bodies are
interest and common good. The theory behind the exercise of the power to tax emanates from now given direct authority to levy taxes, fees and other charges. Although as a general rule, LGUs
necessity; without taxes, government cannot fulfill its mandate of promoting the general welfare and cannot impose taxes, fees or charges of any kind on the National Government, its agencies and
well-being of the people. instrumentalities, this rule now admits of an exception, i.e., when specific provisions of the LGC
Section 137 of the LGC clearly states that the LGUs can impose franchise tax authorize the LGUs to impose taxes, fees or charges on the aforementioned entities. Nothing prevents
notwithstanding any exemption granted by any law or other special law. This particular provision of Congress from decreeing that even instrumentalities or agencies of the government performing
the LGC does not admit any exception. In City Government of San Pablo, Laguna v. Reyes,74 governmental functions may be subject to tax.
MERALCOs exemption from the payment of franchise taxes was brought as an issue before this Court. A franchise is a privilege conferred by government authority, which does not belong to
The same issue was involved in the subsequent case of Manila Electric Company v. Province of citizens of the country generally as a matter of common right. It may be construed in two senses: the
Laguna.75 Ruling in favor of the local government in both instances, we ruled that the franchise tax in right vested in the individuals composing the corporation and the right and privileges conferred upon
question is imposable despite any exemption enjoyed by MERALCO under special laws, viz: the corporation. A franchise tax is understood in the second sense; it is not levied on the corporation
It is our view that petitioners correctly rely on provisions of Sections 137 and 193 of the LGC simply for existing as a corporation but on its exercise of the rights or privileges granted to it by the
to support their position that MERALCOs tax exemption has been withdrawn. The explicit language of government. NAPOCOR is covered by the franchise tax because it exercises a franchise in the second
section 137 which authorizes the province to impose franchise tax notwithstanding any exemption sense and it is exercising its rights or privileges under this franchise within the territory of the City.
granted by any law or other special law is all-encompassing and clear. The franchise tax is imposable
despite any exemption enjoyed under special laws.
Section 193 buttresses the withdrawal of extant tax exemption privileges. By stating that ISSUES:
unless otherwise provided in this Code, tax exemptions or incentives granted to or presently enjoyed (1) Is the NAPOCOR excluded from the coverage of the franchise tax simply because its stocks are
by all persons, whether natural or juridical, including government-owned or controlled corporations wholly owned by the National Government and its charter characterized is as a non-profit
except (1) local water districts, (2) cooperatives duly registered under R.A. 6938, (3) non-stock and organization?
non-profit hospitals and educational institutions, are withdrawn upon the effectivity of this code, the (2) Is the NAPOCORs exemption from all forms of taxes repealed by the provisions of the LGC?
HELD:
(1) NO. To stress, a franchise tax is imposed based not on the ownership but on the exercise by the
corporation of a privilege to do business. The taxable entity is the corporation which exercises the
franchise, and not the individual stockholders. By virtue of its charter, petitioner was created as a
separate and distinct entity from the National Government. It can sue and be sued under its own name,
and can exercise all the powers of a corporation under the Corporation Code.
To be sure, the ownership by the National Government of its entire capital stock does not
necessarily imply that petitioner is not engaged in business.

(2) YES. One of the most significant provisions of the LGC is the removal of the blanket exclusion of
instrumentalities and agencies of the National Government from the coverage of local taxation.
Although as a general rule, LGUs cannot impose taxes, fees, or charges of any kind on the National
Government, its agencies and instrumentalities, this rule now admits an exception, i.e. when specific
provisions of the LGC authorize the LGUs to impose taxes, fees, or charges on the aforementioned
entities. The legislative purpose to withdraw tax privileges enjoyed under existing laws or charter is
clearly manifested by the language used on Sec. 137 and 193 categorically withdrawing such
exemption subject only to the exceptions enumerated. Since it would be tedious and impractical to
attempt to enumerate all the existing statutes providing for special tax exemptions or privileges, the
LGC provided for an express, albeit general, withdrawal of such exemptions or privileges. No more
unequivocal language could have been used.