Capitol wins case on real property tax

By October 5, 2014Inside News, News

PACIFIC FARM CASE

ALAMINOS CITY- The provincial government scored a big moral victory when the regional trial court, dismissed the petition filed by the Pacific Farms, Inc. that sought to stop the Provincial Assessor from collecting real property taxes imposed on the firm based on the values of assessment provided for two ordinances adopted by the Sangguniang Panlalawigan.

Specifically, RTC presiding judge Elpidio N. Abella of Branch 55 denied the petition of Pacific Farms seeking to annul Provincial Ordinance No. 146-2010 and 151-2011 with prayer for Temporary Restraining Order and Preliminary Injunction for lack of jurisdiction.

Pacific Farms, a commercial salt making corporation, alleged that the proper procedures for the passage of the ordinances were not followed.

Johnny A. Khonghun, representing Pacific Farms, alleged that no notice was sent to them inviting them to the series of public hearings conducted; the proposed ordinance was not published in a newspaper of local circulation nor posted in at least four conspicuous places within the territorial jurisdiction; the notice of public hearing was sent less than 10 days before the scheduled public hearing (it was sent only 9 days earlier); and that Ordinance 151-2011 is unjust and excessive for providing different values to lots with the same area.
In the Demurrer to Evidence filed by provincial legal counsel Geraldine Baniqued, the provincial government denied all the allegations.

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