Inclusion of Fire Code Fees in the January 2012 Collection of the City Government of Taguig

January 11, 2012 DILG LEGAL OPINION NO. 009-12 Atty. Jose Luis G. Montales Officer-in-Charge Office of the City Administrator City Government of Taguig Dear Atty. Jose Luis G. Montales : This has reference to your letter wherein you seek approval for the City Government of Taguig, through its Business Permits and Licensing Office (BPLO) and the City Treasurer's Office, to include in its collection for the month of January 2012 only, the required Fire Code Fees being collected by the Bureau of Fire Protection (BFP). Acting on your request, may we note that Section 13 of RA 9514, otherwise known as the "Fire Code of the Philippines of 2008" which mandates that the collection of all taxes, fees, and fines provided under RA 9514 shall be the responsibility of BFP. We quote said provision for your reference. "Section 13. Collection of Taxes, Fees and Fines. All taxes, fees and fines provided in this Code, shall be collected by the BFP. Provided, That twenty percent (20%) of such collection shall be set aside and retained for use by the city or municipal government concerned, which shall appropriate the same exclusive for the use of the operation and maintenance of its local fire station, including the construction and repair of fire station: Provided, further, That the remaining eighty (80%) shall be remitted to the National Treasury under a trust fund assigned for the modernization of the BFP." To let the collection of the Fire Code Fees to agencies other than BFP is technically not allowed as the same shall be construed as an excess of authority granted to BFP under Section 4, RA 9514 which explicitly enumerates the acts sanctioned by the Fire Code. ISHCcT On a positive note, the efforts of the City Government of Taguig to relaunch its Business One Stop Shop (BOSS) is commendable indeed and, as a matter of fact, gives life and meaning to the objectives of the Anti-Red Tape Act (RA 9485). Thus, the City may look into the possibility of accommodating a way to integrate the collection of Fire Code Fees with the BPLO's collection by engaging the participation of the BFP in forging a system that will be consistent to the provisions of RA 9514, considering that the responsibility for the enforcement and administration of the Fire Code rests on BFP. The City Government of Taguig may consider, among others, to enter into an agreement or any similar arrangement with BFP, in establishing a system of integrated collection for the purpose of better serving the constituents of Taguig. Very truly yours, (SGD.) AUSTERE A. PANADERO Undersecretary