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Bacolod City, Philippines Friday, August 31, 2012
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DOJ denies two biz groups
reconsideration on tax code

BY CHRYSEE SAMILLANO

The Department of Justice denied for lack of merit the motion for reconsideration filed by the Metro Bacolod Chamber of Commerce and Industry and the Bacolod Filipino Chamber of Commerce and Industry on its Order dated June 15, 2012 dismissing their Appeal for violation of the rule on non-forum shopping.

The dismissal order was issued by hearing officer Eduardo Abante Jr. on August 14, 2012.

The MBCCI and BFCCCI had filed an appeal before the DOJ in January questioning the constitutionality or legality of the Bacolod City Ordinance 565, or the Revised Revenue Code of Bacolod City.

MBCCI president Frank Carbon said they will continue to dialog with the City Government of Bacolod on the implementation of the Revised Revenue Code despite the new order from the DOJ, denying their motion for reconsideration.

Carbon said the dialog with the city officials led by Mayor Evelio Leonardia, Vice Mayor Jude Thaddeus Sayson and Councilor Al Victor Espino, chairman of the Sangguniang Panlungsod Committee on Ways and Means, is a shortcut to their objective of reaching a common goal which is to reduce the tax burden of the business sector.

He said they are confident that they can reach a consensus by mid September.

Carbon said if the dialog goes well, City Ordinance 565 or the Revised Revenue Code of Bacolod City may be amended by October this year.

If the amendment is effected ahead of the court decision, they might ask former Bacolod Rep. Monico Puentevella to withdraw the case he filed before the Regional Trial Court, he said.

Rolling Hills Memorial Park Inc, through Puentevella, filed a petition before the RTC against the city government and Leonardia, in his capacity as city mayor, asking for the declaration of the new tax code as illegal and of no force and effect, and for the Court to permanently prohibit the respondents from enforcing it.

Carbon said "We have the same course of action and we can possibly ask Puentevella to withdraw his case.”

He said they are pushing for the tax benchmark to be leveled with that of Iloilo City which he claimed, is competitive and reasonable.

Leonardia, meanwhile, said they used the rates of Iloilo as their measurement since Bacolod and Iloilo of about the same class and category.

He said the 2007 rates implemented by Iloilo is almost the same as that of Bacolod, and Iloilo is in the process again of amending its tax rate.

Leonardia said the businessmen should consider that the Tax Code of Bacolod 18 to 19 years old. They are hopeful that in their next meeting this will be finalized, he said.

Earlier, he had said that they salute the businessmen for their statesmanship and sense of patriotism on this matter and that he is positive that both the city and the businessmen will reach a consensus on the New Revenue Code that will be beneficial to both.

Leonardia said he believes that they are on the right track in terms of finding a win-win solution.*CGS

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