Appropriating the Amount of P5.6M, or So Much Thereof as May be Necessary to Defray the Filing Fees and Other Related Expenses

June 27, 2008 MAKATI CITY ORDINANCE NO. 034-08 PRESENT: Vice-Mayor Ernesto S. Mercado Presiding Officer Councilor Ernesto A. Aspillaga " Jejomar Erwin S. Binay, Jr. " Israel S. Cruzado " Angelito D. Gatchalian " Erlinda S. Gonzales " Virgilio V. Hilario " Luis S. Javier, Jr. " Monique Q. Lagdameo " Arnold C. Magpantay " Salvador D. Pangilinan " Tosca Camille T. Puno ABC Pres. Romulo V. Pea, Jr. Sectoral Representative ABSENT: Councilor Maria Theresa N. De Lara Official Leave " Henry A. Jacome Official Leave " Armando P. Padilla Official Leave " Vincent T. Sese Official Leave " Elias V. Tolentino, Jr. Official Leave SK President Denisse Angelica A. Hechanova On motion presented by Councilor Salvador D. Pangilinan, duly seconded, all present members of the Sangguniang Panlungsod enacted the following City Ordinance on first, second and third reading: Authors: Councilors S.D. Pangilinan, R.V. Pea, Jr. and L.S. Javier, Jr. AN ORDINANCE APPROPRIATING THE AMOUNT OF P5.6M, OR SO MUCH THEREOF AS MAY BE NECESSARY TO DEFRAY THE FILING FEES AND OTHER RELATED EXPENSES FOR THE CITY'S PETITION FOR REVIEW WITH THE COURT OF TAX APPEALS, FUNDS SHALL BE TAKEN FROM THE EXECUTIVE BUDGET CY 2008 OF THE OFFICE OF THE MAYOR UNDER OTHER MAINTENANCE AND OPERATING EXPENSE (OMOE), SUBJECT TO ALL LAWS AND AUDITING RULES AND PROCEDURES WHEREAS, on October 16, 2003, the Bureau of Internal Revenue (BIR), Regional Office, thru RD Adriano, issued Final Decision on Disputed Assessment (FDDA) holding Makati City liable for alleged un-remitted/deficiency taxes in the total amount of P1,146,883,846.08. The City Government requested for re-assessment and eventually protested the assessment for being excessive; IASTDE WHEREAS, the protest, including the offer to compromise, were all denied prompting the City Government to appeal/move for reconsideration before the Bureau of Internal Revenue (BIR) Commission. Unfortunately, the BIR sustained the denial of the city's protest thru its Decision, dated June 20, 2008; WHEREAS, standing by its principles, the City Government deemed it appropriate to elevate the matter, by way of Petition for Review, to the Court of Tax Appeals. In the process, the City Government will incur expenses for filing fees and related costs. NOW THEREFORE, BE IT ENACTED, AS IT IS HEREBY ENACTED, BY THE SANGGUNIANG PANLUNGSOD OF MAKATI, METRO MANILA, BY VIRTUE OF THE POWERS VESTED IN IT BY LAW, IN SESSION ASSEMBLED, to appropriate the amount of P5.6M, or so much thereof as may be necessary to defray the filing fees and other related expenses for the City's Petition for Review with the Court of Tax Appeals, funds shall be taken from the Executive Budget CY 2008 of the Office of the Mayor under Other Maintenance and Operating Expense (OMOE), subject to all laws and auditing rules and procedures. Let copy of this Ordinance be furnished the Budget Department and other concerned offices for their information, guidance and reference. This Ordinance shall take effect immediately upon its approval. ENACTED BY THE SANGGUNIANG PANLUNGSOD OF MAKATI, METRO MANILA, in its regular session held on June 27, 2008. HaEcAC Certified true and correct by: (SGD.) ATTY. RODEL R. NAYVE Sangguniang Secretary Noted by: (SGD.) ATTY. ROGELIO U. MARASIGAN Consultant Attested by: (SGD.) ERNESTO S. MERCADO Vice Mayor & Presiding Officer Approved by: (SGD.) JEJOMAR C. BINAY City Mayor