DOJ junks appeal vs new revenue code

THE Department of Justice (DOC) junks the appeal filed by Metro Bacolod Chamber of Commerce and Industry (MBCCI) and Bacolod Filipino Chamber of Commerce and Industry to revise the city’s Revenue Code.

City Legal Officer Atty. Joselito Bayatan said the motion for reconsideration filed by the two business organizations, a copy of which was furnished the City Government, implies the appeal of MBCCI and the BFCCI was dismissed.

"We have no copy yet of the DOJ resolution dismissing the appeal. But looking at the motion for reconsideration, we can read on the basis of the reconsideration, the DOJ dismissed the case saying there is another pending case before the Regional Trial Court (RTC) in regard to the same issues of the Tax revenue Code," Bayatan said.

"But if we deeply examine what this further points on the appeal is that the DOJ dismissed it because it suggested that there is no merit in the appeal just the same way that it previously dismissed the same appeal filed by former Bacolod Representative Monico Puentevella, which falls under MTO-SOS-Case No. 01-2012 entitled Rolling Hills Memorial Park versus City of Bacolod, et al," he added.

"We also want to take note that the appeal becomes frivolous and anachronistic at this time. In other words, there is really a need to increase taxes especially of Bacolod which has never been revised for the past 18 years," Bayatan added.

In fact, it is being enjoined by the National Government in a joint memorandum circular no. 1220-01 of the Department of Interior and Local Government (DILG) and the Department of Finance entitled “Updating Local Revenue Code” that enjoins local government units (LGUs) to update their Revenue Code based on the provision of the Local Government Code of the Philippines.

There are some aspects of the revenue Code where Bacolod charges a lower rate compared to the new Revenue Code of Talisay, Kabankalan, Bago and San Carlos.

So this was one of our points where we said that the appeal or the protest against the Revenue Code is already anachronistic and no longer applicable by this time. Because it is a must that LGU’s must somehow readjust their old taxes.

We only took note that the case was dismissed when we received the motion for reconsideration of the business groups, Bayatan further said. In effect, the motion for reconsideration received by the city proves that the appeal was dismissed. Otherwise, the MBCCI and the BFCCCI would not have filed their motion. (Carla N. Canet)