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    Manila Electric Co. v. Central Board of Assessment Appeals

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    Lalj Bernabecu
    The Manila Electric Company owned two large oil storage tanks that rested on compacted earth and asphalt foundations but were not physically attached to the land. The municipal treasurer assessed the tanks for real property tax, which MERALCO opposed by arguing the tanks were personal property. The Supreme Court ruled that while not physically attached, the tanks were improvements that enhanced the land's utility for the oil industry, and could therefore be considered real property for taxation purposes. Things classified as real property for tax purposes do not always match general classifications of real versus personal property.

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    Manila Electric Co. v. Central Board of Assessment Appeals

    Uploaded by

    Lalj Bernabecu
    13 views1 page
    The Manila Electric Company owned two large oil storage tanks that rested on compacted earth and asphalt foundations but were not physically attached to the land. The municipal treasurer assessed the tanks for real property tax, which MERALCO opposed by arguing the tanks were personal property. The Supreme Court ruled that while not physically attached, the tanks were improvements that enhanced the land's utility for the oil industry, and could therefore be considered real property for taxation purposes. Things classified as real property for tax purposes do not always match general classifications of real versus personal property.

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    The Manila Electric Company owned two large oil storage tanks that rested on compacted earth and asphalt foundations but were not physically attached to the land. The municipal treasurer assessed the tanks for real property tax, which MERALCO opposed by arguing the tanks were personal property. The Supreme Court ruled that while not physically attached, the tanks were improvements that enhanced the land's utility for the oil industry, and could therefore be considered real property for taxation purposes. Things classified as real property for tax purposes do not always match general classifications of real versus personal property.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    13 views1 page

    Manila Electric Co. v. Central Board of Assessment Appeals

    Uploaded by

    Lalj Bernabecu
    The Manila Electric Company owned two large oil storage tanks that rested on compacted earth and asphalt foundations but were not physically attached to the land. The municipal treasurer assessed the tanks for real property tax, which MERALCO opposed by arguing the tanks were personal property. The Supreme Court ruled that while not physically attached, the tanks were improvements that enhanced the land's utility for the oil industry, and could therefore be considered real property for taxation purposes. Things classified as real property for tax purposes do not always match general classifications of real versus personal property.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    MANILA ELECTRIC CO. V.

    CENTRAL BOARD OF ASSESSMENT APPEALS


    114 SCRA 273
    FACTS:
    Petitioner owns two oil storage tanks, made of steel plates wielded and assembled on the
    spot. Their bottoms rest on a foundation consisted of compacted earth, sand pad as
    immediate layer, and asphalt stratum as top layer. The tanks merely sit on its foundation.

    The municipal treasurer of Batangas made an assessment for realty tax on the two tanks, based
    on the report of the Board of Assessors. MERALCO wished to oppose this assessment as they
    averred that the tanks are not real properties.

    HELD:
    While the two storage tanks are not embodied in the land, they may nevertheless be
    considered as improvements in the land, enhancing its utility and rendering it useful to the
    oil industry.

    For purposes of taxation, the term real property may include things, which should generally be
    considered as personal property. it is familiar phenomenon to see things classified as real
    property for purposes of taxation which on general principle may be considered as personal
    property.

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