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National Power Corporation (NAPOCOR) vs. Province of Quezon and Municipalilty of Pagbilao 611 SCRA 71

NATIONAL POWER CORPORATION, Petitioner, versus PROVINCE OF QUEZON and MUNICIPALITY OF PAGBILAO, Respondent

G.R. No. 171586 | 2010-01-25

R E S O L U T I O N

BRION, J.:

The petitioner National Power Corporation (Napocor) filed the present motion for reconsideration[1] of the Court's Decision of July 15, 2009, in which we denied Napocor's claimed real property tax exemptions. For the resolution of the motion, we deem it proper to provide first a background of the case.

BACKGROUND FACTS

The Province of Quezon assessed Mirant Pagbilao Corporation (Mirant) for unpaid real property taxes in the amount of P1.5 Billion for the machineries located in its power plant in Pagbilao, Quezon. Napocor, which entered into a Build-Operate-Transfer (BOT) Agreement (entitled Energy Conversion...