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BY MAE SINGUAY
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January 27, 2018
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Respondents’ absence ‘won’t affect case dev’t’
BACOLOD City – Mayor Evelio “Bing” Leonardia and several others failed to attend the clarificatory hearing in relation to civil case that former mayor Monico Puentevella filed against them.
Puentevella wanted the city government to stop implementing City Ordinance (CO) 827, which updated the schedule of market values of real properties and the corresponding taxes.
The city council passed CO 827 on Oct. 26 last year. It took effect this month.
Puentevella filed before the Regional Trial Court on Tuesday a petition for certiorari and prohibition with prayer for temporary restraining order and/or issuance of writ of preliminary injunction, which the court docketed as Civil Case No. 18-15070.
The case was lodged against Leonardia, members of the city council represted by Vice Mayor El Cid Familiaran, City Assessor Maphilindo Polvora, and City Treasurer Giovanni Balalilhe.
The Regional Trial Court Branch 48 called for a clarificatory hearing regarding the case at the Hall of Justice yesterday.
It was only Puentevella’s camp that attended the hearing, though.
Polvora, in behalf of the other respondents, said they did not receive a notice calling them for a clarificatory hearing.
Polvora said their absence won’t affect the development of the case because they were not “notified.”
Polvora also said the case will fail for “lack of merit.”
Other local officials earlier said they were expecting the case to fail.
Councilor Dindo Ramos said the case “will not survive.” The city council followed the law when it approved CO 827, he added.
Councilor Caesar Distrito, on the other hand, said Puentevella “failed to exhaust the administrative remedy as required by law.”
Puentevella – who, along with his family, owns several real properties in the city – called CO 827 “primarily unconstitutional.”
He added that he is 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.”
When Puentevella was city mayor, the city council passed CO No. 08-14-700, which updated the rate of real property taxes (RPTs) in the city that time.
Ramos said CO No. 827 had lower RPT rates compared to CO No. 08-14-700.
In February 2015, the Justice department declared CO No. 08-14-700 “null and void” over a technicality.
Leonardia earlier said the civil case that Puentevella filed was a form of “propaganda.”
CO No. 827 was “practically opposite” CO No. 08-14-700, which had “very excessive” RPT rates, he stressed.
Leonardia alleged that under CO No. 08-14-700, “ginpa-barato nila ang propidad nga ara sa iya (Puentevella) kag ginpamahal ang probidad nga iya sang kompetensya niya.”/PN
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