Bacolod Councilor Caesar Distrito said he and Councilor Em Ang will file a separate manifestation informing the Court that they and two other councillors did not participate in the passage of the proposed tax ordinance.

The Regional Trial Court has ordered the Bacolod City government, Sangguniang Panlungsod and two other officials to answer within 15 days the civil case filed against them by the Chamber of Real Estate and Builders' Association and the Subdivision and Housing Developers Association, Negros Occidental chapters, involving the proposed revised schedule of fair market value of real properties.

A civil case for the declaration of nullity of City Ordinance No. 08-14-700 with prayer for the issuance of temporary restraining order, had been filed by the CREBA and SHDA, before Bacolod Regional Trial Court Branch 42 against the Bacolod City government, represented by Mayor Monico Puentevella, the Sangguniang Panlungsod represented by Vice Mayor Greg Gasataya, City Assessor Maphilindo Polvora and City Treasurer Giovanni Balalilhe.

Distrito said they should not be impleaded as party respondents in the petition to nullify and to secure a temporary restraining order in relation to the validity and constitutionality of the tax ordinance.

He and Ang, voted in the negative, while Councilors Carlos Jose Lopez and Roberto Rojas were on official travel when the ordinance was passed.

Distrito said that, under the law, only those who voted for the passage of the ordinance should be impleaded. Since they did not vote in favour, they should be spared from inclusion in the petition in Court.

He said they believe the tax ordinance is not valid, therefore, their argument will be contrary to the answer of the Sangguniang Panlungsod, he said, so they re filing a manifestation in their own personal capacity informing the Court that they had voted against the passage of the ordinance and that they are not necessary parties.

The Court has issued summons to the respondents and has set the hearing on the TRO on January 27, 2015.

In their complaint, CREBA and SHDA claimed that the ordinance is unconstitutional, unlawful, 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.

They said it is evident that the proposed revised schedule of Fair Market Value of Real Properties was not published by respondents and this violates Section 212 of the Local Government Code and Article 303 of its Implementing Rules and Regulation. The also said it is their opinion that it should be the Sangguniang Panlungsod who should publish it.

They also said the respondents also violated the Constitutional guaranty of “Equal Protection of the Law”, when it increased the assessed value of property in Sitio Magsungay, Brgy. Singcang, Bacolod from the old rate of P380 per square meter to P4,000 per square meter as the assessment is much higher than the assessment of the lot in Villa Valderama Subdivision, Brgy. Bata, from the old rate of P1,440 per square meter to P3,000 per square meter.

Meanwhile, City Assessor Maphilindo Polvora said he will file his answer and defend his rates and the issues regarding lack of due process, among others. He will also ask for the dismissal of the case he said.

If there is no restraining order, the city will start collecting or demanding payment of taxes on January 1, he said.*CGS

back to top