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Same; The right to vote the UCPB shares is not subject to the two-tiered test but to the
public character of their acquisition which per Antiporda v. Sandiganbayan must first be
determined.In the present case, the sequestered UCPB shares are confirmed to have been
acquired with coco levies, not with alleged ill-gotten wealth. Hence, by parity of reasoning,
the right to vote them is not subject to the two-tiered test but to the public character of
their acquisition, which per Antiporda v. Sandiganbayan cited earlier, must first be
determined.
Same; The coconut levy funds are not only affected with public interest they are in fact prima
facie public funds.To avoid misunderstanding and confusion, this Court will even be more
categorical and positive than its earlier pronouncements: the coconut levy funds are not only
affected with public interest; they are, in fact, prima facie public funds.
Same; Coconut levy funds partake of the nature of taxes.Indeed, coconut levy funds
partake of the nature of taxes which, in general, are enforced proportional contributions
from persons and properties, exacted by the State by virtue of its sovereignty for the support
of government and for all public needs.
FACTS:
The PCGG issued and implemented numerous sequestrations, freeze
orders and provisional takeovers of allegedly ill-gotten companies, assets and
properties, real or personal.
Among the properties sequestered by the Commission were shares of
stock in the United Coconut Planters Bank (UCPB) registered in the names of the
alleged "one million coconut farmers," the so-called Coconut Industry Investment
Fund companies (CIIF companies) and Private Respondent Eduardo Cojuangco Jr.
On January 23, 1995, the trial court rendered its final Decision nullifying
and setting aside the Resolution of the Sandiganbayan which lifted the
sequestration of the subject UCPB shares.
ISSUE:
Are the Coconut Levy Funds raised through the States police and taxing
powers?
RULING:
Indeed, coconut levy funds partake of the nature of taxes which, in
general, are enforced proportional contributions from persons and properties,
exacted by the State by virtue of its sovereignty for the support of government and
for all public needs.
Based on this definition, a tax has three elements, namely: a) it is an
enforced proportional contribution from persons and properties; b) it is imposed by
the State by virtue of its sovereignty; and c) it is levied for the support of the
government.