The Chamber of Real Estate and Builders' Association, and the Subdivision and Housing Developers Association-Negros Occidental Chapters are requesting the Bacolod Sangguniang Panlungsod to pass a resolution or ordinance for the city to cease and desist from collecting property taxes under C.O. 08-14-700, declared by the Department of Justice as null and void.

In a letter dated June 23, Kenneth Tirthdas and Eduardo Suatengco Jr., presidents of CREBA and SHDA, respectively, sought the assistance of members of the SP through Vice Mayor Greg Gasataya, to help alleviate the plight of the property owners in Bacolod from having to pay excessive property taxes imposed and collected under the new fair market value of real properties under C.O. 08-14-700.

Bacolod Mayor Monico Puentevella earlier said the city government will continue to collect taxes based on the new tax ordinance  as long as the issue has not been resolved by the court with finality.

The DOJ upheld its earlier resolution, dated February 18, which declared City Ordinance No. 08-14-700 of the City of Bacolod null and void for failure to comply with the prescribed procedure under the Local Government Code in the enactment of tax ordinances.

In her resolution dated February 18, Justice Secretary Leila De Lima was acting on a consolidated appeal of appellants Proxima Centauri Realty and Development Corp. and the Bacolod Real Estate Development Corp. versus the Bacolod City government, Puentevella, the SP, and City Assessor Maphilindo Polvora as appellees.

Proxima and BREDCO questioned the constitutionality and legality of C.O. 08-14-700, or “An Ordinance Updating the Schedule of Market Value of Real Properties in the City of Bacolod and Other Provisions Relative to Real Property Tax Administration”.

Bacolod City Legal Officer Rayfrando Diaz II yesterday said the order of the DOJ is not yet final and executory.

“We are a government of laws and not of men so whatever their sentiments, the law will prevail,” he said.

Diaz said they respect the sentiments of the businessmen but the mayor cannot ignore the implementation of the law, otherwise he and the city treasurer will be liable administratively and criminally.

He appealed to those who will not pay taxes that if they have sentiments about the new tax ordinance, they should not incite others to do the same.

Diaz said they will prove before the local court that the tax ordinance being questioned is valid and has complied with all the procedures. Unless the court says the ordinance is invalid, everyone has to follow the law regardless of personal sentiments, he said.

Earlier, Renecito Novero, one of the lawyers of BREDCO, said the city should stop the implementation of the new real property tax rate, as a matter of respect for the rule of law, because the ordinance was declared null and void.

If they want to continue implementing it, they should start from square one, he said.

Novero said the city should not continue implementing the new tax ordinance because the Local Government Code warns government officials that if they implement an ordinance that has been declared null and void, they can be meted administrative sanctions.

Bacolod City Administrator Rolando Villamor said the city has reasons for its continued implementation because the decision of the DOJ is not yet final. The decision will be considered final if the city fails to make an appeal within the prescribed period, he added.*CGS

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