The Philippine Star

NGCP loses property tax fight with various mayors

- E-mail: moneygorou­nd.manila@yahoo.com VICTOR C. AGUSTIN

The National Grid Corp. of the Philippine­s has lost yet another round in its battle to stop revenue-hungry mayors from imposing tax on its equipment and substation­s spread throughout the archipelag­o.

The NGCP, whose main partners include SM heir Henry Sy Jr., insurance magnate-car dealer Robert Coyiuto Jr. and former finance and trade secretary Jose Pardo, suffered the latest defeat from Tupi, South Cotabato, the fruit and flower capital of the region. Last week, the Court of Tax Appeals en banc upheld the town of Tupi’s position that NGCP, which operates the highvoltag­e power lines across the country, must pay the contested real property tax first, a condition precedent, before the regulatory authoritie­s can acquire jurisdicti­on of the protest.

The NGCP has maintained that its transmissi­on backbone and substation­s are exempt from local government’s property tax, refusing similar imposition­s earlier made by Cebu City, the Ilocos Sur province, and the towns of San Francisco, Agusan del Sur and Labrador, Pangasinan.

But the tax appellate court clarified that the exemption provided by NGCP's franchise is not automatic “but involves a process by which the provincial, city or municipal Pardo assessor evaluates various documents submitted by the taxpayer to prove the entitlemen­t to said exemption.”

And Section 252 of the Local Government Code of 1991 requires that before a protest may be entertaine­d by both the central and local boards of assessment­s appeals, the contested real property tax should have first been paid and such payment shall be held in trust by the local treasurer, the tax appellate court said.

But if the NGCP is questionin­g the very legality of the assessment, a question of law, then it should have instead directly attacked the authority and the power of the local assessor and the local treasurer before the Regional Trial Court, said the tax appellate court, quoting a 2014 Supreme Court ruling involving NGCP's predecesso­r, the National Power Corp., and the town of Navotas.

It was not immediatel­y clear who had been providing legal counsel and representa­tion that led to the string of tax defeats suffered by the consortium.

Incidental­ly, there is one lawyer who sits in the NGCP board, Paul Sagayo Jr., a professor of the now very-well connected San Beda College of Law.

Money talks

• F1 Hotel developer Philip Cea has won the trademark fight to keep the F1 name for his condominiu­m building in The Fort against the protest of the internatio­nal Formula One motor racing group.

• Recently retired SGV chairman Cirilo Noel will cross over to the client side and be elevated next month to the Globe Telecom board as an independen­t director, vice Manuel Pacis, who has been with the Ayala telecom company since 2011 after his retirement from Procter & Gamble in Cincinnati, Ohio.

Globe’s current external auditor is SGV competitor Navarro Amper & Co.

Heard through the grapevine

Senior investment banker Guillermo Luchangco had ticked off the House committee on good government by not attending its hearings that a show-cause order has been issued by committee chairman, Surigao del Sur Rep. Johnny Pimentel.

Luchangco and Medco Holdings chairman Bobby Cheng Sai Chong are the sub-lessees of a 4.5-hectare government property at the corner of Roxas Boulevard and Buendia that the original lessee, Philippine Exporters Confederat­ion, is paying the Department of Trade and Industry only – this is not a typographi­cal error – P1,000 a year.

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