Unimasters
Conglomeration, Inc. v. Tacloban City
G.R.
No. 214195
March
23, 2022
FACTS:
Leyte Park Hotel Inc. (LPHI), which
stands on Magsaysay Boulevard, Tacloban City, is co-owned by Assets
Privatization Trust (APT), now Privatization and Management Office (PMO), the
Province of Leyte, and the Philippine Tourism Authority (PTA), now Tourism
Infrastructure and Enterprise Zone Authority (TIEZA). Thereafter, APT,
representing the owners of LPHI, entered into a Contract of Lease with
Unimasters Conglomeration Incorporated (UCI). It is stipulated in the said
contract that “real property taxes shall be for the account of the LESSOR and
any payment of real property taxes by the LESSEE shall be credited against any
amount due from LESSEE to LESSOR.” Despite several notices demanding compliance
with the provisions of the contract, UCI failed to settle real property taxes
due which prompted the City of Tacloban, through its City Treasurer, to file a
collection case. The CTA En Banc ultimately ruled that UCI was liable for
unpaid real property taxes. In the present petition, UCI alleges that the provision
in the contract whereby PMO, PTA and the Province of Leyte contractually
assumed liability to pay the taxes due should be enforced as against City of
Tacloban.
ISSUE:
Whether or not the City of Tacloban
should be bound by the said contractual stipulation.
RULING:
No. The Court affirmed the ruling
of the CTA Division which found UCI liable to pay real property taxes over the
LPHI property. The first paragraph of Article 1311 provides that contracts take
effect only between the parties, their assigns and heirs, except in cases where
the rights and obligations arising from the contract are not transmissible by
their nature, or by stipulation or by provision of law. In this case, the
contractual obligations of the parties under the lease agreement concern
petitioner UCI and the lessors only. Respondent Tacloban City Government is not
privy to the lease contract. Where there is no privity of contract, there is
likewise no obligation or liability to speak about. Indeed, not being a party
to the contract and without showing that it had knowledge of the same, the
local government of Tacloban City cannot be automatically bound by said
agreement.
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