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Ernesto M. Maceda vs. Catalino Macaraig, Jr., et al. [DISSENTING OPINION, J. SARMIENTO] 197 SCRA 771

ERNESTO M. MACEDA, petitioner, vs. HON. CATALINO MACARAIG, JR., in his capacity as Executive Secretary, Office of the President; HON. VICENTE R. JAYME, in his capacity as Secretary of the Department of Finance; HON. SALVADOR MISON, in his capacity as Commissioner, Bureau of Customs; HON. JOSE U. ONG, in his capacity as Commissioner of Internal Revenue; NATIONAL POWER CORPORATION; the FISCAL INCENTIVES REVIEW BOARD; Caltex (Phils.) Inc.; Pilipinas Shell Petroleum Corporation; Philippine National Oil Corporation; and Petrophil Corporation, respondents. [DISSENTING OPINION, J. SARMIENTO]

G.R. No. 88291 | 1991-05-31

SARMIENTO, J., dissenting:

I would like to point out specifically two things in connection with the majority's disposition as to: (1) Finance Incentives Review Board (FIRB) Resolutions Nos. 10-85 and 186; and (2) the National Power Corporation's tax exemption vis-a-vis our decision in the case of Philippine Acetylene Co., Inc. vs. Commission of Internal Revenue, 1 and in the light of the provisions of its charter, Republic Act No. 6395, and the various amendments entered into it.

(1)

On pages 20-23 of the Decision, the majority suggests that FIRB Resolutions Nos. 10-85 and 1-86 had validly restored the National Power Corporation's tax...