First Philippine Industrial Corp. vs.

CA
Facts:
Petitioner is a grantee of a pipeline concession under Republic Act No. 387. Sometime in
January 1995, petitioner applied for mayors permit in Batangas. However, the Treasurer
required petitioner to pay a local tax based on gross receipts amounting to P956,076.04. In
order not to hamper its operations, petitioner paid the taxes for the first quarter of 1993
amounting to P239,019.01 under protest. On January 20, 1994, petitioner filed a letterprotest to the City Treasurer, claiming that it is exempt from local tax since it is engaged in
transportation business. The respondent City Treasurer denied the protest, thus, petitioner
filed a complaint before the Regional Trial Court of Batangas for tax refund. Respondents
assert that pipelines are not included in the term common carrier which refers solely to
ordinary carriers or motor vehicles. The trial court dismissed the complaint, and such was
affirmed by the Court of Appeals.
ISSUES:
1. WON FPIC is a common carrier; 2. WON it is exempted from paying the taxes required by
the City Treasurer
HELD:1. Yes. FPIC is engaged in the business of transporting or carrying goods, i.e.
petroleum products, for hire as a public employment. It undertakes to carry for all persons
indifferently, that is, to all persons who choose to employ its services, and transports the
goods by land and for compensation.
common carrier - holds himself out to the public as engaged in the business of
transporting persons or property from place to place, for compensation, offering his services
to the public generally (see also Art. 1732)
test for determining whether a party is a common carrier of goods:
a. engaged in the business of carrying goods for others as a public employment, and must
hold himself out as ready to engage in the transportation of goods for person generally as a
business and not as a casual occupation;
b. undertakes to carry goods of the kind to which his business is confined
c. undertakes to carry by the method by which his business is conducted and over his
established roads
d. transportation is for hire
common service coincides with public service
public service includes every person that now or hereafter may own, operate. manage,
or control in the Philippines, for hire or compensation, with general or limited clientele,
whether permanent, occasional or accidental, and done for general business purposes, any
common carrier, railroad, street railway, traction railway, subway motor vehicle, either for
freight or passenger, or both, with or without fixed route and whatever may be its
classification, freight or carrier service of any class, express service, steamboat, or

steamship line, ferries and water craft, engaged in the transportation of passengers or
freight or both, shipyard, marine repair shop, wharf or dock, ice plant, ice-refrigeration plant,
canal, irrigation system gas, electric light heat and power, water supply and power
petroleum, sewerage system, wire or wireless communications systems, wire or wireless
broadcasting stations and other similar public services (CA No. 1416, as amended, otherwise
known as the Public Service Act)
FPIC - considered a common carrier under Art. 86 of the Petroleum Act of the
Philippines(RA 387), which provides that: Art. 86. Pipe line concessionaire as common
carrier. A pipe line shall have the preferential right to utilize installations for the
transportation of petroleum owned by him, but is obligated to utilize the remaining
transportation capacity pro rata for the transportation of such other petroleum as may be
offered by others for transport, and to charge without discrimination such rates as may have
been approved by the Secretary of Agriculture and Natural Resources.
FPIC is also a public utility pursuant to Art. 7 of RA 387 which states that everything
relating to the exploration for and exploitation of petroleum . . . and everything relating to
the manufacture, refining, storage, or transportation by special methods of petroleum, is
hereby declared to be a public utility
2. Yes. Legal basis is Section 133 (j), of the Local Government Code which provides that
Unless otherwise provided herein, the exercise of the taxing powers of provinces, cities,
municipalities, and barangays shall not extend to the levy of the following: Taxes on the
gross receipts of transportation contractors and persons engaged in the transportation of
passengers or freight by hire and common carriers by air, land or water, except as provided
in this Code. Reason for the exception: to avoid duplication of tax.