[G.R. No. 143867. July 9, 2002]

PLDT vs. CITY OF DAVAO

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 9 2002.

G.R. No. 143867 (Philippine Long Distance Telephone Company vs. City of Davao.)

This case involves the issue of whether after the withdrawal of Philippine Long Distance Telephone Company’s exemption by virtue of §§137 and 193 of The Local Government Code of 1991 (R.A. No. 7160), PLDT has again become entitled to exemption from payment of local franchise tax by virtue of the equality clause in §23 of R.A. No. 7925, in view of the franchises of Globe Telecom and Smart Communications.

In its decision of August 22, 2001, the Second Division held that §23 of R.A. No. 7295 cannot be considered as having amended petitioner’s franchise so as to entitle it to exemption from the imposition of local franchise taxes.

Petitioner has filed a motion for reconsideration. Considering the importance of the issues raised and the fact that the ruling in this case is likely to set precedent for the determination of other pending cases in other Divisions of the Court, the Court en banc resolved to accept the referral of the case to it.

WHEREFORE, the Office of the Solicitor General is required to ENTER its APPEARANCE and to file its COMMENT on petitioner’s Motion for Reconsideration within ten (10) days from notice hereof.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court