A civil case for the declaration of nullity of Bacolod City Ordinance No. 08-14-700, that will result in increased real property taxes, has been filed by the Chamber of Real Estate and Builders’ Associations and the Subdivision and Housing Developers Association, Negros Occidental chapters, against the Bacolod City government.

The case was raffled off yesterday afternoon to Bacolod RTC Branch 42 Judge Fernando Elumba.

CREBA and SHDA claimed that the ordinance is unconstitutional, unlawful, unjust, oppressive, excessive and confiscatory, in Civil Case No. 14-14437 for declaration of nullity with preliminary prohibitory and/or mandatory injunction, with prayer for temporary restraining order.

Named as defendants are the City of Bacolod, represented by Mayor Monico Puentevella, the Sangguniang Panlungsod, care of Vice Mayor Greg Gasataya, city assessor Maphilindo Polvora, and city treasurer Giovanni Balalilhe.

The mayor, when asked for his reaction, said the civil case was expected. “That’s democracy. Let’s wait for the rule of law. No problem. We must move forward,” he said.

CREBA Negros Occidental chapter is headed by Eduardo Suatengco Jr. and the SHDA Negros chapter by Kenneth Tirthdas.

Suatengco told the DAILY STAR the decision to file a suit was made by their board.

In a joint statement they issued earlier, CREBA and SHDA said the new ordinance will update by 100 percent to 1,000 percent the schedule of market values of real estate properties.

This would increase the real estate taxes of about 120,000 homeowners by more than 40 percent to 400 percent, on the first year of implementation starting 2015, they said.

This excessive and exorbitant increase of real estate market values will drastically raise the real estate taxes, and will be a heavy burden to the thousands of property owners, the great number of whom are Pag-IBIG, SSS and socialized housing borrowers, marginal farmers, small landowners and small businessmen, they said.

The sudden big jump in the real estate market values as called for by the new ordinance will make Bacolod City uncompetitive in attracting investors and locators, the two groups also said.*CPG

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