FDCP v. Colon Heritage Realty Corporation
G.R. No. 203754/G.R. No. 204418, October 15, 2019
SC En Banc
Perlas-Bernabe, J.
Lessons Applicable: Doctrine of Operative Fact , Lifeblood theory
Laws Applicable:
FACTS:

1993: Cebu City passed City Ordinance No. LXIX: Revised Omnibus Tax Ordinance of
the City of Cebu, Sections 42 and 43, Chapter XI of the Ordinance required proprietors,
lessees or operators of theaters, cinemas, concert halls, circuses, boxing stadia and
other places of amusement to pay amusement tax equivalent to 30% of the gross
receipts of the admission fees to the Office of the City Treasurer of Cebu City.
 June 7, 2002: Congress passed RA 9167 creating FDCP. Sections 13 and 14 thereof
provide that the amusement tax on certain graded films which would otherwise accrue to
the cities and municipalities in Metropolitan Manila and highly urbanized and
independent component cities in the Philippines during the period the graded film is
exhibited, should be deducted and withheld by the proprietors, operators or lessees of
theaters or cinemas and remitted to the FDCP which shall reward the same to producers
of the graded films.
 RTC: Granted Cebu City and CHRC separate petition for declaratory relief before the
RTC Cebu City which sought to declare Sections 13 and 14 of RA 9167 invalid and
unconstitutional.
ISSUE: W/N doctrine of operative fact in relation to the declaration of Sections 13 and 14 of RA 9167
as invalid and unconstitutional.
HELD: YES. The operative fact doctrine equally applies to the non-remittance by proprietors since
the law produced legal effects prior to the declaration of the nullity of Sections 13 and 14 of RA
9167.


The operative fact doctrine recognizes the existence and validity of a legal provision prior
its being declared as unconstitutional and legitimizes otherwise invalid acts done
pursuant thereto because of considerations of practicality and fairness.
 In this regard, certain acts done pursuant to a legal provision which was just
recently declared as unconstitutional by the Court cannot be anymore undone
because not only would it be highly impractical to do so, but more so, unfair to
those who have relied on the said legal provision prior to the time it was struck
down.
The right to receive the amusement taxes accrued the moment the taxes were deemed
payable under the provisions of the Omnibus Tax Ordinance of Cebu City.
 Taxes, once due, must be paid without delay to the taxing authority
 Taxes are the lifeblood of Government and their prompt and certain availability is
an imperious need. This flows from the truism that without taxes, the
government would be paralyzed for lack of the motive power to activate and
operate it.
 The prompt payment of taxes to the rightful authority, cannot be left to the whims
of taxpayers. To rule otherwise would be to acquiesce to the norm allowing
taxpayers to reject payment of taxes under the supposition that the law imposing
the same is illegal or unconstitutional. This would unduly hamper government
operations.