Personal Property Forfeited in Favor of the Government

April 11, 1960 BIR RULING NO. 191-60 The Chief, Alcohol Tax Division B.I.R., Manila S i r : This is in connection with your Memorandum for the Revenue Operations Executive (Assessment) dated December 3, 1959 which was referred to the Law Division for a ruling on the question of whether or not it is necessary to secure the approval of the Secretary of Finance before forfeited property can be sold in a private sale. Forfeited property are government property and as such should be sold in accordance with section 323 of the National Internal Revenue Code, the pertinent provisions of which reads as follows: "SEC. 323. Purchase by the Government at sale upon distraints . . . . "Property so purchased may be resold by the Collector of Internal Revenue or his deputy, subject to the regulations of the Department of Finance, the net proceeds to be covered into the National Treasury and accounted for as internal revenue." In view of the abovequoted provision of law, this Office is of the opinion that personal property forfeited in favor of the government can be sold in a private sale only with the approval of the Secretary of Finance. aisadc Very truly yours, (SGD.) MELECIO R. DOMINGO Commissioner of Internal Revenue