BOARD OF ASSESSMENT APPEALS V.

MERALCO By: Dani

GR No. L-15334 Topic: Art 415
Date: Jan 31, 1964
Facts
Act no 484 which authorizes the Municipal Board of Manila to grant a franchise, construct, maintain and operate an
electric steel railway and electric light, heat and power system in the city to the person/s making the most favorable
bid. Meralco became the transferee and owner of the franchise.
Meralco has constructed 4 steel towers within QC, on land belonging to it.
The City Assessor of QC declared the steel towers for real property tax. They denied Meralcos petition to cancel these
declarations so it appealed and was asked to pay P11,651.86
CTA held that the steel tower comes within the term poles which are declared exempt from taxes under part 2 par 9
of respondents franchise; and that the towers are personal properties and not subject to real property tax.

Issue/s
Whether the steel poles constitute real properties so that they can be subject to real property tax

Ruling NO.

The word pole means a long, comparatively slender usually cylindrical piece of wood or timber, as typically the stem of a
small tree stripped of its branches; also by extension, a similar typically cylindrical piece or object of metal or the like.

It must be noted from par. 9, that the concept of poles for which exemption is granted, is not determined by their place or
location, nor by the character of the electric current it carries, nor material or form of which it is made, but the use to which they
are dedicated. In accordance w/ the definition, pole is not restricted to a long cylindrical piece of wood or metal, but includes
upright standards to the top of which something is supported. Respondents steel support consists of a framework of four steel
bars or strips which are bound by steel cross-arm atop of which are cross-arms supporting five high voltage transmission wires
and their sole function is to support/carry such wires.

It is evident that the word poles as used in Act No. 484 and incorporated in the petitioners franchise, should not be given
restrictive and narrow interpretation, as to defeat the very object for which the franchise was granted. It should be understood
and taken as a part of the electric power system of the respondent Meralco, for the conveyance of electric current from the
source to its consumers.

CTA ruling affirmed.

Doctrine Notes
Location of poles:
PAR 9. The grantee shall be liable to pay the same taxes upon its real estate, buildings, plant South Tatalon, Espana
(not including poles, wires, transformers, and insulators), machinery and personal property Kamuning Rd.
as other persons are or may be hereafter required by law to pay ... Said percentage shall be Kamias Rd.
due and payable at the time stated in paragraph nineteen of Part One hereof, ... and shall be
in lieu of all taxes and assessments of whatsoever nature and by whatsoever authority upon
the privileges, earnings, income, franchise, and poles, wires, transformers, and insulators of
the grantee from which taxes and assessments the grantee is hereby expressly exempted.
(Par. 9, Part Two, Act No. 484 Respondent's Franchise; emphasis supplied.)