FARMERS, TRADERS UP IN ARMS

THE controversial provincial ordinance that increased the real property tax in Pangasinan by 300 to 800 percent suffers legal infirmities and should not have been implemented.

This was the contention of Leo Sy, president of the Chamber of Real Estate and Builders Association (CREBA) chapter in Pangasinan, who pointed out in the Media in Action forum of the Pangasinan Press Club last Wednesday that the ordinance was implemented without complying the publication requirement.

Sy said this is among the issues they will raise when they question the legality of the provincial ordinance in court.

Publication is required under Republic Act 7160 or the Local Government Code.

Respondents in the planned will be members of the Sangguniang Panlalawigan who approved the ordinance and the Provincial Assessor Nestor Quiambao.

Sy said without complying with the publication requirement, he and his members were surprised when their properties were assessed and asked to pay a much higher RPT in January this year compared to previous years.

He concurred with the observation of a broadcaster that since it was never published as required by law, the ordinance could be a case of void ab initio (void from the beginning).

Sy, together with ABONO Party List founding chairman Rosendo So, who was also present during the forum, said they will leave the drafting of the petition to their lawyers but said they are open to a discussion with Governor Amado Espino Jr. before resorting to any legal action.

NOT AFFORDABLE

So, who has earlier expressed opposition to the increase as representative of the agricultural sector, said farmers continue to bewail the excessive increase in the real property tax.

“Itong mga magsasaka ng mais ay lumapit sa atin. Talagang hirap sila, hind nila talaga kayang bayaran ito. Ang isang malaking problema, gusto na nilang ibenta ‘yong mga lot nila. So, very alarming ito,” said So.

Under the new ordinance, those previously paying P600 as RPT are now being charged between P2,000 to P3,000 while those paying P1,200 are now being assessed at P9,000  to P12,000.

So said these amounts are “excessive”.

RAILROADED?

Sy said the ordinance appears to have been railroaded as it was passed by the provincial board in its session on December 10, 2010 and was implemented outright on January 1, 2010.

So also questioned why the SP did not conduct a thorough public hearing before passing the ordinance.

The leaders of and ABONO reaffirmed their readiness to go to court since the ordinance had unduly affected farmers, businessmen and other property owners.

Sy said he attended one committee hearing conducted by the SP in November where he submitted a position paper for its consideration.

But he found out that the SP approved the ordinance en toto without inserting any of the amendments suggested by their group.

Gonzalo T. Duque, president of the Pangasinan Press Club President which hosted the forum and a lawyer and president of the Lyceum-Northwestern University, expressed the view that those questioning the provincial ordinance may have a valid cause of action.

RIGHT TO INCREASE

Provincial Board Member Alfonso Bince Jr., author of the provincial ordinance, and Provincial Assessor Quiambao were invited but failed to attend the forum.

Bince, earlier said that the Local Government Code allows local government units to increase the real property assessment every three years and in the province of Pangasinan, no increase of RPT was made for the last seven years.

At the same time, Bince said the provincial board based the increase on the zonal valuation made by the Bureau of Internal Revenue in every locality in Pangasinan.

A lawyer, Bince asked the oppositors of the provincial ordinance to pay first the tax assessment, albeit in protest, before going to court to prove their clean intention.

He said he is ready to defend the position of the of the provincial government.—LM

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