City prepares closure order for MCC-A A +A
Sunday, August 14, 2011
SINCE the Mandaue City College led by Dr. Paulus Cañete refuses to pay taxes, the Mandaue City Government is preparing a closure order against the school.
Mandaue City Treasurer Regal Oliva, in an interview, said he is coordinating with City Legal Office in drafting the closure order against MCC.
He made the decision after receiving the reply of MCC to a notice they sent them five days ago.
He said that since Cañete refuses to comply with their notice, they have no choice but to enforce a closure order.
Expecting that the school’s officials, including Cañete and his students, will be defiant, Oliva said a team composed of his office, the City Legal Office, the City Mayor’s Office and the Mandaue City Police Office (MCPO) will help enforce the closure order.
Oliva reminded Cañete there are Supreme Court (SC) decisions that favor the City.
A jurisprudence that Oliva hopes to use is that the court cannot issue an injunction against the City Treasurer’s Office especially on matters of taxation.
“In city transactions, taxation takes precedence in all matters,” Oliva said.
“If the court would allow an injunction to be filed against our office, all establishments in the city can bar us from collecting their taxes,” he said.
Oliva sent a letter to MCC a week ago asking them to pay their business taxes amounting to P223,000 and to comply with the requirements for a business establishment, such as a mayor’s permit.
But in their reply, MCC reiterated that contrary to claims of some city officials, they are still under the Mandaue City Government and are immune to taxation.
Two ordinances, Ordinance 2005-324-A and Ordinance 2005-419, are proof that they are still under the local government.
The letter, made by MCC legal affairs head Jeffbeck Coca, also said the Regional Trial Court (RTC) has yet to decide on the matter of their financial support that should be given to them by the City Government.
Published in the Sun.Star Cebu newspaper on August 14, 2011.