Bureau of Local Government Finance Opinion

February 27, 2003 BUREAU OF LOCAL GOVERNMENT FINANCE OPINION 2nd Indorsement Respectfully returned to the ICO-Regional Director for Local Government Finance, Department of Finance, CARAGA Administrative Region, 2/F Aguilar Bldg., Pili Drive, Butuan City, his within preceding Indorsement requesting clarification as to whether the Decision rendered by the Central Board of Assessment Appeals (CBAA), Manila, docketed as CBAA Case No. M-14 relative to the Appeal filed by the Taganito Mining Corporation and Hinatuan Mining Corporation located in the Municipalities of Tagana-an and Claver, both of Surigao del Sur, is final and executory. The subject Appeal of the abovementioned mining companies pertains to the assessment by the Provincial Assessor of Surigao del Norte as taxable, the mobile machineries, such as dumptrucks, bulldozers, payloaders, etc. being used by them in their operations, pursuant to Section 199(o) of R.A. No. 7160, also known as the Local Government Code of 1991. The CBAA, in the attached copy of its Decision dated May 10, 2002, ruled in favor of the said mining companies ordering the Provincial Assessor of Surigao del Norte to cancel, as void ab initio , Tax Declaration Nos. 8255 to 8330 for the subject real properties owned by Taganito Mining Corporation; and Tax Declaration Nos. 5941 to 6007 for the similar real properties owned by Hinatuan Mining Corporation. ESAHca In reply, and considering that as submitted, no Motion for Reconsideration for the subject CBAA Decision has ever been filed within the required fifteen (15) day prescription period by the said Provincial Assessor before any court of competent jurisdiction, this Bureau believes that the said Decision is deemed final and executory, pursuant to Sections 3, 4 and 5, Rule V of the Rules of Procedures of the CBAA, in accordance with Section 1, Rule 52, of the Rules of Court. DISaEA We trust that this clarifies matters. (SGD.) MA. PRESENTACION R. MONTESA Executive Director