The Bacolod City government will seek a 15-day extension from the Department of Justice to answer the suit filed by businessmen questioning the constitutionality of the Revised Revenue Code, or the city ordinance 565, City Legal Officer Joselito Bayatan said yesterday.

Bayatan said the deadline given them by the DOJ to submit their reply is supposed to be April 27 but he could not prepare all the necessary documents by that time, hence the request for an extension.

He said there are certain allegations in the complaint, like, for instance, the claim that the revised penal code lacked public hearing and publication, which needs to be verified by providing documents.

Bayatan has asked the staff of Councilor Al Victor Espino, who facilitated the publication of the implementation of the revised penal code and the public hearings, for the minutes of the public hearings and the date of the publications in the local dailies so he can attach them to the reply.

Bayatan however stressed that while the city's reply is still pending, the implementation of the revised revenue code will go on.

Frank Carbon and Ben Ortega, representing the Metro Bacolod Chamber of Commerce and Industry and the Bacolod Filipino-Chinese Chamber of Commerce and Industry, respectively, filed the complaint against Mayor Evelio Leonardia, Vice Mayor Jude Thaddeus Sayson, Sangguniang Panlungsod members and City Treasurer Annabelle Badajos in January 2012 before the DOJ questioning the legality of the revised revenue code.

The businessmen asked the Justice Secretary to declare C.O. 565 as unconstitutional and/or illegal for allegedly having been passed without complying with the mandatory requirements set by the Local Government Code and its Implementing Rules and Regulations.

They claimed that C.O. 565 amended and increased the rates of business taxes previously imposed under Ordinance 93-001, beyond the allowable tax rate adjustment ceiling as provided by law and that this second upward adjustment, after the first upward adjustment made in 1993, grossly exceeds the 10 percent maximum increase under the provisions of Section 191 of the LGC.

Bacolod Mayor Evelio Leonardia emphasized that the passing of the revised revenue code was long overdue and is mandated by law. He said there were adequate public hearing and publication in local dailies before the city ordinance was implemented in June.*APN

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