​National Coal Corp. vs. CIR (146 SCRA 583)

 FACTS:
Herein plaintiff brought an action for the purpose of recovering a sum of money allegedly paid by it under protest to the herein defendant, a specific tax on some tons of coal. It claimed exemption from taxes under Sec. 1469 of the Administrative Code which provides that “on all coal and coke shall be collected per metric ton, fifty centavos”. Of the 30,000 shares issued by the corporation, the Philippine government is the owner of 29,809 or substantially all of the shares of the company.

ISSUE:
WON the plaintiff corporation is a public corporation.

HELD:
​NO. The plaintiff is a private corporation. The mere fact that the government happens to be a majority stockholder does not make it a public corporation. As a private corporation, it has no greater rights, powers and privileges than any other corporation which might be organized for the same purpose under the Corporation Law, and certainly, it was not the intention of the Legislature to give it a preference or right or privilege over other legitimate private corporation in the mining of coal.