AMERICAN MAIL LINE, ET AL vs. CITY OF BASILAN, ET AL

AMERICAN MAIL LINE, ET AL vs. CITY OF BASILAN, ET AL

G.R. No. L-12647 May 31, 1961

FACTS:

Appellees are foreign shipping companies licensed to do business in the Philippines, with offices in Manila. Their vessels call at Basilan City and anchor in the bay or channel within its territorial waters. As the city treasurer assessed and attempted to collect from them the anchorage fees prescribed in the aforesaid amendatory ordinance, they filed the present action for Declaratory Relief to have the courts determine its validity. Upon their petition the lower court issued a writ of preliminary injunction restraining appellants from collecting or attempting to collect from them the fees prescribed therein.

Appellant contended that, through its city council, it had authority to enact the questioned ordinance in the exercise of either its revenue-raising power or of its police power. The question to be resolved is whether the City of Basilan has the authority to enact Ordinance 180 and to collect the anchorage fees prescribed therein.

ISSUE:

Is the ordinance valid exercise of taxing power of the City of Basilan.

RULING:

Under paragraph (a) sec. 14, R.A. 288, it is clear that the City of Basilan may only levy and collect taxes for general and special purposes in accordance with or as provided by law; in other words, the city of Basilan was not granted a blanket power of taxation. The use of the phrase "in accordance with law" — which, in our opinion, means the same as "provided by law" — clearly discloses the legislative intent to limit the taxing power of the City.

It has been held that the power to regulate as an exercise of police power does not include the power to impose fees for revenue purposes. Appellant city's own contention that the questioned ordinance was enacted in the exercise of its power of taxation, makes it obvious that the fees imposed are not merely regulatory.