Bureau of Local Government Finance Opinion

December 5, 2000 BUREAU OF LOCAL GOVERNMENT FINANCE OPINION 1st Indorsement Respectfully returned to the Provincial Assessor, Daet, Camarines Norte, her within letter dated October 2, 2000 requesting clarification concerning the request of Camarines Norte Electric Cooperative (CNEC) that their real properties be dropped from the roll of Taxable real properties and instead transferred to Exempt Roll. It appears that the abovementioned request was prompted by the attached copy of the Temporary Restraining Order (TRO) issued by the Supreme Court concerning G.R. No. 143076 in the case entitled "Philippine Rural Electric Cooperatives Association, Inc. (PHILRECA),Agusan del Norte Electric Cooperative, Inc. (ANECO),Iloilo I Electric Cooperative, Inc. (ILECO I),and Isabela I Electric Cooperative, Inc. (ISELCO I),vs. the Secretary of the Department of the Interior and Local Government (DILG),and the Secretary of the Department of Finance, (DOF),specifically ordering thus: "NOW, THEREFORE, effective immediately and continuing until further orders from this Court, You, Respondents, your agents, representatives or any person or persons acting in your place or stead are hereby ORDERED to CEASE and DESIST from implementing the questioned provisions of Sections 193 and 234 of R.A. No. 7160." TCAHES In this connection, and considering that the TRO issued by the Supreme Court is temporary in nature, this Bureau believes that the real properties of CNEC should remain on the roll of taxable real properties of that Office. It must be stressed, however, that the abovementioned restriction in implementing the said provisions of Sections 193 and 234 applies solely on issues relating to properties owned by electric cooperatives. Be guided accordingly. (SGD.) BENJAMIN A. GERONIMO Executive Director