Granting Transfer Tax Exemption to Those Who Sell, Donate or Dispose of Real Property to the City Government for Socialized Housing Program

December 14, 1998 MUNTINLUPA CITY ORDINANCE NO. 019-98 AN ORDINANCE GRANTING EXEMPTION IN THE PAYMENT OF TRANSFER TAXES TO REAL PROPERTY OWNERS WHO SHALL SELL, DONATE, OR OTHERWISE DISPOSE OF THEIR REAL PROPERTY TO THE CITY GOVERNMENT OF MUNTINLUPA FOR ITS RELOCATION AND SOCIALIZED HOUSING PROGRAM, AND TO URBAN POOR ASSOCIATIONS THROUGH THE COMMUNITY MORTGAGE PROGRAM OF THE NATIONAL HOME MORTGAGE FINANCE CORPORATION Sponsored by: Hon. Vicente Y. Chua, Hon. Jo Jason T. Alcaraz, Hon. Nicanor L. Echavez, MD, Hon. Raul R. Corro, Hon. Patricio L. Boncayao, Jr., Hon. Lucio B. Constantino, Hon. Aldrin L. San Pedro, Hon. Bal Niefes, Hon. Victor L. Ulanday, Hon. Dante S. Almario, Hon. Elmer S. Espeleta, Hon. Reynaldo A. Abas, Jr., Hon. Mario E. Bulay, Jr., Hon. Artemio A. Simundac and Hon. Allan Rey A. Camilon WHEREAS, Section 129 of the Local Government Code empowers local government units to create their own sources of revenue and in consonance therewith, to levy taxes, fees and charges; WHEREAS, such a general grant of power to tax impliedly carries with it the grant of power to exempt; WHEREAS, the Revenue Code of the City of Muntinlupa particularly Section 119 thereof, imposes a tax on the sale, donation, barter or any mode of transferring ownership or title of real property at the rate of fifty percent (50%) of one percent (1%) of the total consideration involved in the acquisition of the property or of the fair market value in case the monetary consideration involved is not substantial, whichever is higher; WHEREAS, to promote active participation of the private sector in the socialized housing project of the City Government, it is imperative that incentives must be provided to those who will sell, donate, dispose of or otherwise transfer their holdings in favor of the City Government for its relocation and socialized housing program , and to Urban Poor Association through the Community Mortgage Program of the National Home Mortgage Finance Corporation; DaScCH NOW THEREFORE, BE IT ENACTED BY THE SANGGUNIANG PANLUNGSOD OF MUNTINLUPA THE FOLLOWING: SECTION 1. Exemption from the Payment of Transfer Taxes. shall be granted to the seller, donor or grantor of the real property if it is made in favor of the City Government for its relocation and socialized housing program , or to Urban Poor Association through the Community Mortgage Program of the National Home Mortgage Finance Corporation. SECTION 2. To avail of this privilege, the landowner, seller, donor and grantor shall be required to secure a certification from the City Urban Planning and Development Office attesting to the fact that the property so disposed is situated within the area earlier earmarked for socialized housing site. The said certificate shall be presented to the City Assessor's Office for proper action/notation. Upon endorsement by the City Assessor's Office, it shall be incumbent upon the City Treasurer to issue a corresponding Certificate of Exemption to facilitate the documentation or registration of the transaction or disposition with the Registry of Deeds for the City of Muntinlupa. SECTION 3. This transfer-tax exemption privilege shall not be applicable to transfers where there are existing liens and/or encumbrances annotated upon the title of the property sought to be transferred. However, the transferor may execute a sworn undertaking in favor of the City Government for the lifting or cancellation of the said lien or encumbrance within thirty (30) days from the execution date of the document for the transfer of the property. Failure of the transferor to effect such cancellation or lifting shall result to the transferor being held liable for the amount of the transfer tax otherwise previously exempted, in addition to the corresponding interest and penalties due thereon. SECTION 4. The Offices of the City Treasurer and the City Assessor are hereby mandated to adopt , within ten (10) days, the necessary implementing guidelines/procedures from the time of approval, for the purpose of carrying out the specific intent of this Ordinance. DEIHAa SECTION 5. This Ordinance shall take effect ten (10) days after completion of its publication in a newspaper of local circulation. ENACTED by the Sangguniang Panlungsod of Muntinlupa this 14th day of December 1998 on its 21st Regular Session. CONCURRED: (SGD.) ALDRIN L. SAN PEDRO Councilor (SGD.) VICTOR L. ULANDAY Councilor (SGD.) ATTY. RAUL R. CORRO Councilor (SGD.) DANTE S. ALMARIO Councilor (SGD.) ATTY. JO JASON T. ALCARAZ Councilor (SGD.) ELMER S. ESPELETA Councilor (SGD.) ATTY. PATRICIO L. BONCAYAO, JR. Councilor (SGD.) REYNALDO A. ABAS, JR. Councilor (SGD.) BAL NIEFES Councilor (SGD.) LUCIO B. CONSTANTINO Councilor (SGD.) DR. NICANOR L. ECHAVEZ Councilor (SGD.) MARIO E. BULAY, JR. Councilor (SGD.) ARTEMIO A. SIMUNDAC Sectoral Representative/Chairman Association of Barangay Captains (SGD.) ALLAN REY A. CAMILON Sectoral Representative/Chairman Federation of Sangguniang Kabataan I HEREBY CERTIFY as to the correctness of this Ordinance. (SGD.) NECITO M. GUICO Secretary Sangguniang Panlungsod ATTESTED: (SGD.) VICENTE Y. CHUA Vice Mayor/Presiding Officer APPROVED: (SGD.) ATTY. JAIME R. FRESNEDI City Mayor Date: January 8, 1999