Justice department nixes appeal vs tax code

Thursday, February 23, 2012

FORMER Bacolod City lone district Representative Monico Puentevella has failed to get a favorable decision from the Department of Justice when it dismissed his appeal assailing the legality of the ordinance approving the Revised Local Revenue Code of Bacolod.

Puentevella filed his appeal on January 26.

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In her letter to Puentevella dated January 27, Justice Secretary Leila de Lima said before the department can act on the appeal, it should show that the procedure governing appeals is complied with pursuant to Department Circular 21 dated July 15, 1992, specifically Sections 3 and 4. Otherwise, the appeal is not perfected.

She said since Sections 3 and 4 were not properly complied with, the appeal was not perfected so the department has no other option but to dismiss it.

Bacolod Mayor Evelio Leonardia said Puentevella claimed that he gathered several businessmen but, on the record, he filed the appeal alone.

“Nobody joined him which means that maybe nobody trusts him. It is unfortunate that he is making a big issue out of this because of politics,” Leonardia said.

Leonardia said Puentevella was more conscious about politics in the complaint than substance of the complaint.

“Our dialog with the business groups through Vice Mayor Jude Thaddeus Sayson will continue because it was our understanding during the meeting that we find solutions. In the meantime, chances are they might withdraw their appeal. But the dialogs will continue,” the mayor added.

City Legal Officer Joselito Bayatan said the DOJ dismissed the appeal on two grounds – it lacks form and substance.

Puentevella failed to pay the P2,500 filing fee and UP legal research fee of P25 to cover administrative costs for services rendered under Section 4 of the DOJ circular. He also claimed that he hired a tax expert when he filed the appeal.

Bayatan said they are questioning Puentevella’s sincerity in filing the appeal.

“It is very basic that, when you file a petition, it must be complete both in form and substance. Since it lacks both, the appeal did not touch first base. Puentevella did not cite the legal grounds why CO (City Ordinance) 595 should not be implemented. If he is sincere, he should have defended the right of the people. When the city called for a dialog with the business sector, Puentevella did not attend,” Bayatan said.

Vicente Petierre III, acting Permits and Licensing Division head, said Puentevella did not also comply with all five requirements under Section 3, which include the submission of a legible and true copy of the tax ordinance.

He also did not indicate when the tax measure became effective and when the ordinance was posted.

Sayson said they are still negotiating with the businessmen to find a win-win solution for everyone.

“As long as what they are asking is legal and within the confines of the Local Government Code, we will listen,” said Sayson.