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SC stops implementation of Paranaques newly approved ordinance on land, bldg. tax

11/28/2011[ ]

The Supreme Court (SC) has handed down a restraining order stopping the implementation of Paranaque Citys newly approved ordinance on the values of land and building in the city.

In a two-page notice, the Courts Third Division granted the plea of the citys homeowners association to stop the implementation of Paraaque City Ordinance No. 11-11.

The local legislation would result in an excessive increase in land tax.

Acting on the application for issuance of a temporary restraining order, the Court further resolves to issue a temporary restraining order enjoining the implementation of said Ordinance No. 11-11, Series of 2011, dated Oct. 13, 2011 of the Sangguniang Panlungsod, City of Paraaque, effective immediately and continuing until further orders from the Court, the SC said.

Homeowners associations in several subdivisions in the city such as BF Paraaque, Better Living Switzerland, United BF Homeowners Association, Fourth Estate have filed a petition before the SC seeking to declare null and void the ordinance.

The SC directed Paraaque City Mayor Florencio Bernabe Jr., City Assessor Soledad Samonte, city council chairman of the ways and means committee Councilor Jason Webb to submit their comment within 10 days on the petition for certiorari, mandamus and prohibition filed by the petitioners last Sept. 28.

Last Oct. 13, the Sanggunian Panlungsod approved Ordinance No. 11-11 which prescribes the schedule of values for land, building and improvements for the City of Paranaque.

The approval of the ordinance was in compliance with the Joint Memorandum Circular No. 2010-01 of the Department of Finance and the Department of Interior and Local Government which enjoin all provinces, city and the Municipality of Pateros in Metro Manila to conduct the general revision of property assessments in their respective jurisdictions.

Benjamin B. Pulta

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