[av_one_full first min_height=” vertical_alignment=” space=” custom_margin=” margin=’0px’ padding=’0px’ border=” border_color=” radius=’0px’ background_color=” src=” background_position=’top left’ background_repeat=’no-repeat’ animation=”]
[av_heading heading=’EXECS SEE MONICO CIVIL CASE FAILING’ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
BY MAE SINGUAY
[/av_heading]
[av_textblock size=” font_color=” color=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
January 26, 2018
[/av_textblock]
[av_textblock size=” font_color=” color=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
BACOLOD City – Local officials were expecting the civil case that Monico Puentevella filed against Mayor Evelio Leonardia and several others to fail.
The former mayor wanted the local government to stop implementing City Ordinance (CO) No. 827, which updated the schedule of market values of real properties and the corresponding taxes. He called it “primarily unconstitutional.”
Councilor Dindo Ramos, author of the ordinance, welcomed the case, believing that the court will “affirm [that] what we did was correct.”
Ramos said the case “will not survive.” The Sangguniang Panlungsod followed the law when it passed CO No. 827, he stressed.
Puentevella argued that the ordinance violated the Constitution, which provides that the “rule of taxation shall be uniform and equitable.”
Puentevella – who, along with his family, owned several real properties in the city – said he was a “representative of the people” who wanted to “protect the general welfare and promote public interest in light of the looming effects of the TRAIN law.”
He filed a petition for certiorari and prohibition with prayer for temporary restraining order and/or issuance of writ of preliminary injunction. This was docked as Civil Case No. 18-15070.
A clarificatory hearing will be held on the case at 8:30 a.m. today at the Regional Trial Court Branch 48 at the Hall of Justice.
Ramos insisted that CO No. 827 had lower real property tax (RPT) rates than CO No. 08-14-700, the RPT ordinance passed when Puentevella was mayor.
In February 2015, the Justice department declared CO No. 08-14-700 “null and void” over a technicality.
Leonardia saw the civil case as a form of “propaganda.”
CO No. 827 was “practically opposite” CO No. 08-14-700, which had “very excessive” RPT rates, stressed the mayor.
Under CO No. 08-14-700, Leonardia alleged, “ginpa-barato nila ang propidad nga ara sa iya (Puentevella) kag ginpamahal ang probidad nga iya sang kompetensya niya.”
Councilor Caesar Distrito, on the other hand, said Puentevella “failed to exhaust the administrative remedy as required by law.”
Puentevella also argued that CO No. 827 violated the Local Government Code, which provides that real properties must be assessed on the basis of a uniform classification within each local government unit.
“When you challenge an ordinance based on the Local Government Code, you must first go to the DOJ (Department of Justice),” Distrito said.
The case “might be dismissed” for “failure to exhaust administrative remedy,” said Distrito, a lawyer.
Aside from Leonardia, also named respondents in the case were Vice Mayor El Cid Familiaran, City Assessor Maphilindo Polvora and City Treasurer Giovanni Balalilhe./PN
[/av_textblock]
[/av_one_full]
