Bacolod Vice Mayor Jude Thaddeus Sayson yesterday appealed to businessmen to pay their taxes before February 15 to avoid paying penalties while their tax appeal is still pending before the Department of Justice.

The Metro Bacolod Chamber of Commerce and Industry and the Bacolod Filipino-Chinese Chamber of Commerce and Industry filed an appeal before the Department of Justice Friday questioning the constitutionality or legality of the Bacolod City Ordinance 565, or the Revised Revenue Code of Bacolod City.

The appeal was filed by Frank Carbon and Ben Ortega, representing the MBCCI and BFCCCI, respectively, against Mayor Evelio Leonardia, Sayson, Sangguniang Panlungsod members and City Treasurer Annabelle Badajos.

Sayson said the DOJ has 60 days to decide on the case.

Under the Local Government Code, taxpayers are required to pay their taxes even if they are on a tax appeal, he said. The city is giving a 10 percent discount to those who pay their taxes in full on or before the February 15 deadline, based on the new Tax Code, he added.

In their 22-page appeal, the businessmen represented by Rahnel Perez, 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 forth by the Local Government Code and its Implementing Rules and Regulations.

They said 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 for by law.

“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,” they added.

The businessmen said the resulting percentage of increase brought about by C.O. 565 is clearly unjust, excessive, oppressive and confiscatory, compared to the old rates.

Sayson said that during a meeting with the businessmen Saturday, he asked them to form committees through the Metro Bacolod Chamber of Commerce and Industry representing the different major business sectors like the retailers, wholesalers, manufacturers and hospitals.

He said he asked them to submit their position papers on the Local Revenue Code because he wants to see their proposals, he said.

“I reminded them that we should only work within the parameters which is in compliance with the Local Government Code. We cannot deviate from what is stipulated in the LGC,” he added.

Sayson said he asked the businessmen to prepare their position paper vis-a-vis the approved Revenue Code. “Once know their stand on the issues, maybe that is when that the team of the city government and the team of the businessmen will talk together,” he said.

Once they submit their position paper, he will submit it to the mayor and they will create a team that will study their recommendations, Sayson added.*CGS

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