Bureau of Local Government Finance Opinion

October 5, 1999 BUREAU OF LOCAL GOVERNMENT FINANCE OPINION Atty. Lincoln L. Tan 2nd Floor Belman II Bldg. Quezon Ave. corner Cordillera St. Quezon City S i r : This refers to your letter dated September 6, 1999, which, in effect, is following-up the actions of this Bureau on the following: 1. On Resolution No. 99-029, series of 1999, adopted by the Sangguniang Bayan of Sipalay, Negros Occidental, requesting a review and the reversal of this Bureau's ruling contained in its 1st Indorsement dated September 26, 1995 involving the reclassification of Tailings Pond No. 3 of Maricalum Mining Corporation (MMC) from industrial to cogonal, for reasons specified therein; whereupon, you manifested that, under the Philippine Mining Act of 1995, "the tailings ponds of mining companies are to be treated and classified as anti-pollution devices which are expressly exempt from payment of real property taxes;" and 2. On your letter dated October 10, 1995, concerning the alleged "excessive real property tax assessments made by the Municipal Assessor of Cauayan, Negros Occidental on the real properties of . . . MMC, situated in the Municipality of Cauayan." As regards Item 1, it is informed that this Bureau's recommendations/final action on the subject matter has been forwarded to the Department of Finance (DOF) for its corresponding appropriate action/consideration thereon. ADcEST As to Item 2, we are furnishing you herewith a copy of our 1st Indorsement of the same date, the pertinent portion thereof states: "In view thereof, and considering the apparent failure of that Office to comply with this Bureau's request concerning the report on the 'review of the assessments made on MMC's properties located in Cauayan in line with the said 1st Indorsement (dated September 26, 1995),' the submission of the said required report is hereby reiterated and should be forwarded to this Bureau within ten (10) days from receipt hereof." Rest assured that as soon as the final stand of the DOF and the corresponding report of the Provincial Assessor of Negros Occidental, as required under our abovementioned 1st Indorsement, are received by this Bureau, you will be advised accordingly. (SGD.) ANGELINA M. MAGSINO Deputy Executive Director Officer-in-Charge