Pasay City Real Property Tax Code

November 15, 1993 PASAY ORDINANCE NO. 240-93 AN ORDINANCE ADOPTING THE PASAY CITY REAL PROPERTY TAX CODE Sponsored by: Vice-Mayor Wenceslao B. Trinidad Co-sponsored by: Councilors Florencio C. Mateo, Benjamin Reyes, Romulo Cabrera, Roberto Alvarez, Uldarico Arabia, Justo Justo, Antonio Protacio, Ernestina B. Bernabe, Greg F. Alcera, Teodulo R. Lorca, Salvador Quimpo & Generoso F. Cuneta WHEREAS, Section 20 of Presidential Decree 464 as amended by Presidential Decree 1384 otherwise known as the Real Property Tax Code of the Philippines providing for the assessment levels to be applied to the current market value of real properties for taxation purposes; WHEREAS, the assessment levels so provided by Presidential Decree 464 as amended by Presidential Decree 1384 were amended by Republic Act 7160 otherwise known as the Local Government Code of 1991; WHEREAS, Section 218 of Republic Act 7160 provides that the assessment levels to be applied to the fair market value of real property to determine its assessed value shall be fixed by ordinance of the Sangguniang Panlungsod/Bayan within Metro Manila; WHEREAS, the same section already provides for the maximum applicable assessment levels that should be applied to the market value of the property; WHEREAS, Pasay City is in dire need of revenue in view of devolved functions and increased demands for basic services thereby necessitating updated and innovative revenue-raising measures; WHEREAS, realty taxes are the prime source of local revenue for Pasay City; WHEREAS, there is an urgent need for the enactment of these assessment levels because of the scheduled general revision of real property assessments as mandated by section 219 of Republic Act 7160; WHEREAS, the said general revision of real property assessment cannot be started nor any assessment can be made effective for 1994 unless assessment levels are enacted into ordinance; Be it ordained, as it is hereby ordained by the Sangguniang Panlungsod Assembled; That CHAPTER 1 General Provisions SECTION 1. Scope . This title govern administration, appraisal, assessment, levy, and collection of real property tax in the City of Pasay; SECTION 2. Fundamental Principles . The appraisal, assessment levy, and collection of real property tax shall be guided by the following principles; (a) Real property shall be appraised at its current and fair market value; (b) Real property shall be classified for assessment purposes on the basis of actual use; (c) Real property shall be assessed on the basis of a uniform classification within each local government; (d) The appraisal, assessment, levy, and collection of real property tax shall not be let to any private person; and (e) The appraisal and assessment of real property shall be equitable. SECTION 3. Definition of Terms (a) "Acquisition Cost" for newly acquired machinery not yet depreciated and appraised within the year of its purchase, refers to the actual cost of the machinery to its present owner plus the cost of transportation handling, and installation at the present site; (b) "Actual Use" refers to the purpose for which the property is principally or pre-dominantly utilized by the person in possession thereof; (c) "Ad Valorem Tax" is a levy on real property determine on the basis of a fixed proportion of the value of the property; (d) "Agricultural Land" is land devoted principally to the planting of trees, raising of crops, livestock and poultry dairying, salt making, inland fishing and similar aquacultural activities, and other agricultural activities, commercial or industrial land; (e) "Appraisal" is the act or process of determining the value of property as of a specific date for a specific purpose; (f) "Assessment" is the act or process of determining the value of a property, or proportion thereof subject to tax, including the discovery, listing, classification and appraisal of properties; (g) "Assessment Level" is the percentage applied to the fair market value to determine the taxable value of the property; (h) "Assessed Value" is the fair market value of the real property multiplied by the assessment level. It is synonymous to taxable value. (i) "Commercial Land" is land devoted principally for the object of profit and is not classified as agricultural, industrial, mineral, timber, or residential land; (j) "Depreciated Value" is the value remaining after deducting depreciation from the acquisition cost; (k) "Economic Life" is the estimated period over which it is anticipated that a machinery or equipment may be profitably utilized; (l) "Fair Market Value" is the price at which a property may be sold by a seller who is not compelled to sell and bought by a buyer who is not compelled to buy; (m) "Improvement" is a valuable addition made to a property or an amelioration in its condition, amounting to more than a mere repair or replacement of parts involving capital expenditures and labor which is intended to enhance its value, beauty or utility or to adopt it for new or other purposes; (n) "Industrial Land" is land devoted principally to industrial activity as capital investment and is not classified as agricultural, commercial, timber, mineral, or residential land; (o) "Machinery" embraces machines, equipment, mechanical contrivances, instruments, appliances or apparatus which may not be attached, permanently or temporarily to the real property. It includes the physical facilities for production, the installations and appurtenant service facilities, those which are mobile, self-powered or self-propelled, and those not permanently attached to the real property which are actually, directly and exclusively use to meet the needs of the particularly industry, business or activity and which by their very nature and purpose are designed for, or necessary to its manufacturing, mining, logging, commercial, industrial or agricultural purposes; (p) "Reassessment" is the assigning of a new assessed values to property, particularly real estate, as the result of a general, partial or individual re-appraisal of the property (q) "Remaining Economic Life" is the period of time expressed in years from the date of appraisal to the date when the machinery becomes valueless; (r) "Remaining Values" is the value corresponding to the remaining useful life of the machinery; (s) "Replacement or Reproduction Cost" is the cost that would be incurred on the basis of current prices, in acquiring an equally desirable property or the cost of reproducing a new replica of the property on the basis of current prices with the same or closely similar materials; and (t) "Residential Land" is land principally devoted to habitation. SECTION 4. Administration of Real Property Tax . The city shall be primarily responsible for the proper, efficient and effective administration of the real property tax subject to the rules and regulation issued by the Department of Finance. Accordingly, the Department of Finance and the city government shall exercise the authority to review and examine on a continuous basis property, assessment, and real property tax records to ensure the proper implementation of this rule and determine compliance with existing laws and regulations. SECTION 5. Appraisal of Real Property . All real property whether taxable or exempt, shall be appraised at the current and fair market value prevailing in the city. The Department of Finance, shall promulgate the necessary rules and regulations for the classification, appraisal and assessment of real property pursuant to the provision of the Local Government Code of 1991. SECTION 6. Real Property Identification System . All declarations of real property made under the provisions of this title shall be kept and filed under a uniform classification system to be established by the City Assessor. SECTION 7. Declaration of Real Property by the Owner or Administrator . It shall be the duty of all persons, natural or juridical, owning or administering real property, including the improvements, therein, within the city, or their duly authorized representative, to prepare, or cause to be prepared and file with the City assessor, a sworn statement declaring the true value of their real property, whether previously declared or undeclared, taxable or exempt, which shall be the current and fair market value of the property, as determined by the declarant. Such declaration shall contain a description of the property sufficient in detail to enable to City Assessor or his deputy to identify the same for assessment purpose. The sworn declaration of real property herein referred to shall be filed with the City Assessor once every (3) three years during the period from January (1st) first to June (30th) thirtieth commencing with the calendar year 1994. Failure by the owner or his duly authorized representative to file the same will be penalized by a fine of P50.00 for the first month, P100.00 for the second month, P200.00 for the third month, P300.00 for the fourth month, P400.00 for the fifth month, P500.00 for the sixth month and so on for a maximum of P1,000.00, the proceeds of which will be added to the funds of the City Assessor's Office. SECTION 8. Duty of Person Acquiring Real Property on Making Improvement thereon . It shall be the duty of any person, or his authorized representative, acquiring at any time real property in the city, or making any improvements on real property to prepare or caused to be prepared and filed with the City Assessor, a sworn statement declaring the true value of subject property, within sixty (60) days after the acquisition of such property or upon completion or occupancy of the improvement, which ever comes earlier. In case of machinery, the (60) sixty days period for filing the required sworn declaration of property values shall commence on the date of installation thereof as determined by the City Assessor, for this purposes, the City Assessor may secure certification from the City Engineer or other appropriate officials of the city. Failure to comply will result to the same penalties mentioned in Sec. 7 of this title and the same will accrue to the funds of the City Assessor's Office. SECTION 9. Proof of Exemption of Real Property Taxation Every person by or for whom real property is declared, who shall claim tax exemption for such property under this title shall file with the City Assessor within (30) thirty days from the date of the declaration of real property sufficient documentary evidence in support of such claim including corporate charters, title of ownership, articles of incorporation, by laws, contracts, affidavits, certification and mortgage deeds, contracts, affidavits certification and mortgage deeds and similar documents. If the required evidence is not submitted within the period herein prescribed the property shall be listed as taxable in the Assessment Roll. However, if the property shall be proven to be exempt, the same shall be dropped from the Assessment Roll. SECTION 10. Duty of the Registrar of Deeds to Appraise Assessor of Real Property listed in Registry . (a) Within six (6) months from the date of effectivity of the code, and on/or before June 30th of every year thereafter, the Registrar of Deeds shall prepare and submit to the City Assessor the abstract of his Registry of Property which shall include brief but sufficient description of real properties entered therein, their present owners, and the date of their most recent transfer or alienation accompanied by copies of corresponding deed of sale, donation or partition or other form of alienation. (b) Before any documents of transfer, alienation or encumbrance of real property may be registered, the Registrar of deeds shall require the presentation of a certificate or clearance issued by the City Treasurer to the effect that all current year and past year basis and additional SEF real property taxes, and the tax on transfer of real property ownership due on the subject, have been paid in full including interest or penalties due hereon. Failure to provide such certification shall be a valid cause for the Registrar of Deeds to refuse the registration of the documents. In the absence of such certification or tax clearance, the registration is null and void. (c) The Registrar of Deeds and notaries of public shall furnish the City Assessor with copies of contracts, selling, transferring or otherwise conveying, leasing, or mortgaging real property registered by, or acknowledge before them. Within (30) thirty days from the date of registration acknowledgment. SECTION 11. Duty of Official Issuing Building Permit or Certificate of Registration of Machinery to Transmit copy to Assessor . Any public official or employee who may now or hereafter be required by law or regulation to issue to any person a permit for the construction, addition, repair, or renovation of a building, or permanent improvement on land, or a certificate of registration for any machinery, including machines, mechanical machine contrivances and apparatus attached or fixed on land or to another real property, shall transmit within (30) thirty days of its issuance to the City Assessor. SECTION 12. Duty of Geodetic Engineer to furnish copy of plans to City Assessor . It shall be the duty of all geodetic engineers, private or public, to furnish free of charge the City Assessor a white or blue print copy of each of all approved original or subdivision plans or maps of surveys executed by them within thirty (30) days from receipt of such plans from the Land Management Bureau, the Land Registration Authority, or the Housing and Land Use Regulatory Board, as the case may be. SECTION 13. Preparation of Schedule of Fair Market Value . (A) Before any general revision of property assessment is made pursuant to the provisions of this Title, there shall be prepared a schedule of fair market values by the City Assessor for the different classes of real property situated in the city for enactment by ordinance of the City Council. The schedule of fair market values shall be published in a newspaper of general circulation or in the absence thereof, shall be posted in the City Hall and in two other conspicuous places within the City. SECTION 14. Classes of Real Property for Assessment Purposes .For the purposes of assessment, real properties shall be classified as residential, agricultural, commercial, industrial or special. SECTION 15. Special Classes of Real Property . All lands, buildings, and any improvements thereon actually directly and exclusively used for hospitals, cultural or scientific purposes, those owned and used by local water districts and government owned and controlled corporation rendering essential public services in the supply and distribution of water and/or generation of electric power shall be classified as special. SECTION 16. Actual Use of Real Property as Basis for Assessment . Real property shall be classified, valued and assessed on the basis of its actual use regardless of where located, whoever owns it, and whoever uses it. SECTION 17. Assessment Levels . The assessment levels to be applied to the fair market value of real property to determine its assessed value shall be fixed by this ordinance at the rates of: (a) ON LANDS CLASS ASSESSMENT LEVEL RESIDENTIAL 20% AGRICULTURAL 40% COMMERCIAL 50% INDUSTRIAL 50% (b) ON BUILDING AND OTHER STRUCTURES (1) RESIDENTIAL FAIR MARKET VALUE OVER NOT OVER ASSESSMENT LEVELS P175,000.00 0% P175,000.00 300,000.00 10% 300,000.00 500,000.00 20% 500,000.00 750,000.00 25% 750,000.00 1,000,000.00 30% 1,000,000.00 2,000,000.00 35% 2,000,000.00 5,000,000.00 40% 5,000,000.00 10,000,000.00 50% 10,000,000.00 60% (2) AGRICULTURAL FAIR MARKET VALUE OVER NOT OVER ASSESSMENT LEVELS P300,000.00 25% P300,000.00 500,000.00 30% 500,000.00 750,000.00 35% 750,000.00 1,000,000.00 40% 1,000,000.00 2,000,000.00 45% 2,000,000.00 50% (3) COMMERCIAL/INDUSTRIAL FAIR MARKET VALUE OVER NOT OVER ASSESSMENT LEVELS P300,000.00 30% P300,000.00 500,000.00 35% 500,000.00 750,000.00 40% 750,000.00 1,000,000.00 50% 1,000,000.00 2,000,000.00 60% 2,000,000.00 5,000,000.00 70% 5,000,000.00 10,000,000.00 75% 10,000,000.00 80% (4) TIMBERLAND FAIR MARKET VALUE OVER NOT OVER ASSESSMENT LEVELS P300,000.00 45% P300,000.00 500,000.00 50% 500,000.00 750,000.00 55% 750,000.00 1,000,000.00 60% 1,000,000.00 2,000,000.00 65% 2,000,000.00 70% (C) ON MACHINERIES CLASS ASSESSMENT LEVELS AGRICULTURAL 40% RESIDENTIAL 50% COMMERCIAL 80% INDUSTRIAL 80% (D) ON SPECIAL CLASSES : The assessment level for all lands, buildings, machineries and other improvements; ACTUAL USE ASSESSMENT LEVELS Cultural 15% Scientific 15% Hospital 15% Local Water District 10% Government owned or controlled corporations engaged in the supply and distribution of water and/or generation transmission of electric power. 10% SECTION 18. General Revision of Assessment and Property Classification . The City Assessor shall undertake a general revision property assessment within two (2) years after the effectivity of this Code (RA 7160) and every three (3) years thereafter. SECTION 19. Imposition of the Basic Real Property Tax . There is hereby levied an annual ad valorem tax on the assessed value of real property such as land, building, machinery and the improvements affixed or attached to real property located in the City of pasay at the following rates: CLASSES OF PROPERTY ASSESSMENT LEVELS Residential 1.5% Commercial 2% Industrial 2% Special 2% SECTION 20. Additional Levy on Real Property for the Special Education Fund (SEF) . There is hereby levied an annual tax of one percent (1%) on the assessed value of real property which shall be in addition to the basic real property tax. The proceeds thereof shall exclusively accrue to the Special Education Fund (SEF). All real property tax which are not paid on time shall be subjected to a two percent (2%) penalty per month from the date of delinquency until such taxes are fully paid. SECTION 21. Valuation of Real Property . In case where (a) real property is declared and listed for taxation purposes for the first time (b) there is an ongoing general revision of property classification and assessment; (c) a request is made by the person in whose name the property is declared, the City Assessor or his duly authorized deputy shall, in accordance with the provisions of this chapter, make a classification, appraisal, and assessment of the real property listed and described in the declaration irrespective of any previous assessment or taxpayer's valuation thereon: PROVIDED, HOWEVER, that the assessment of real property shall not be increased oftener than once every three (3) years except in case of new improvements substantially increasing the value of said property or any change in its actual use. SECTION 22. Date of Effectivity of Assessment or Re-Assessment .All assessment or re-assessment made after the first (1st) day of any year shall take effect on the first (1st) day of January of the succeeding year; PROVIDED, HOWEVER, that the re-assessment of real property due to its partial or total destruction, or to a major change in its actual use, or to any great sudden inflation or deflation of real property values, or to the gross illegality of the assessment when made or any other abnormal cause shall be made within ninety (90) days from the date any such cause or causes occurred, and shall take effect at the beginning of the quarter next following the re-assessment. SECTION 23. Assessment of Property Subject to Back Taxes . Real property declared for the first time shall be assessed for the taxes for the period during which it would have been liable but in no case for more than ten (10) years prior to the date of initial assessment. PROVIDED, HOWEVER, that the such taxes shall be computed on the basis of such applicable schedule of values in force during the corresponding period. If such taxes are paid on or before the end of the quarter following the date the notice of assessment was received by the owner or his representative, no interest for delinquency shall be imposed thereon, otherwise, such taxes shall be subject to an interest at the rate of two (2%) per month from the date of the receipt of the assessment until such taxes are fully paid. SECTION 24. Appraisal and Assessment of Machinery . (a) the fair market value of a brand new machinery shall be the acquisition cost. In all other cases, the fair market value shall be determined by dividing the remaining economic life of the machinery by its estimated economic life and multiplied by the replacement or reproduction cost. (b) if the machinery is imported, the acquisition cost includes freight, insurance, bank other charges, brokerage, arrastre, and handling, duties, and taxes plus of inland transportation, handling and installation charges at the present site. The cost in foreign currency of imported machinery shall be converted to peso cost on the basis of foreign currency exchange rates as fixed by Central bank. SECTION 25 Depreciation Allowance for Machinery . For purposes of assessment, a depreciation allowance shall be made for machinery at a rate cost exceeding five percent (5%) of its original cost or its replacement or reproduction cost, as the case may be, for each year of use. PROVIDED, HOWEVER, that the remaining value for all kinds of machinery shall be fixed at not less than twenty (20%) percent of such original, replacement or reproduction cost for so long as the machinery is useful and in operation. CHAPTER 2 Assessment Appeals SECTION 26. Local Board of Assessment Appeals . Any owner or person having legal interest in the property who is not satisfied with the action of the City Assessor on the assessment of his property may, within (60) days from the date of receipt of the written notice of assessment may appeal to the Board of Assessment Appeals of the city by filing a petition under oath in the form prescribed for the purpose, together with copy of the tax declaration and such affidavits or documents submitted in support of the appeal. SECTION 27. Organization, Powers, Duties, and Functions of the Local Board of Assessment Appeals . (a) The Board of Assessment Appeals of the city shall be composed of the Registrar of Deeds, as Chairman, the City Prosecutor, and the City Engineer as member, who shall serve as such in an ex-officio capacity without additional compensation. (b) The Chairman of the Board of shall have the power to designate any employee of the City to serve as secretary to the Board also without additional compensation. (c) The Chairman and members of the Board of Assessment Appeals of the City shall assume their respective position without need of further appointment or special designation immediately upon the effectivity of this code. They shall take an oath of affirmation of office in the prescribed form. (d) Before the assumption of the official function or before discharging their duties as chairman and members of the Local Board of Assessment Appeals, they shall take an oath or affirmation of office. SECTION 28. Meeting and Expenses of the Local Board of Assessment Appeals . The Board of Assessment Appeals of the City shall meet once a month and as often as may be necessary for the prompt disposition of appealed cases. No member of the Board shall be entitled to per diems or travelling for his attendance in Board meeting, except when conducting an ocular inspection in connection with a case under appeal. SECTION 29. Action by the Local Board of Assessment Appeals .(a) The Board shall decide the appeal within one hundred twenty (120) days from the date of the appeal. The Board, after hearing shall render its decision based on substantial evidence or such relevant on record as a reasonable mind might accept an adequate to support the conclusion. (b) In exercise of its appellate jurisdiction, Board shall have the power to summon witnesses, administer oaths, conduct ocular inspection, take depositions and issue subpoena and subpoena duces tecum. The proceedings of the Board shall be conducted solely for purposes of ascertaining the facts without necessarily adhering to technical rules applicable in judicial proceeding. (c) The Secretary of the Board shall furnish the owner of the property or the person having legal interest therein and the City Assessor with a copy of the decision of the Board. In case the City Assessor concurs in the revision or the assessment, it shall be his duly to notify the owner of the property or the person having legal interest therein of such fact using the form prescribed for the purpose. The owner of the property or the person having legal interest therein or the City Assessor who is not satisfied with the decision of the Board, may, within thirty (30) days after receipt of the decision of the Board, appeal to the Central Board of Assessment Appeals (CBAA) as herein provided. The decision of the (CBAA) shall be final and executory. SECTION 30. Exemption from Payment of Real Property Tax . The following are exempted from payment of the real property tax: (a) Real Property owned by the Republic of the Philippines or any of its political subdivision except when the beneficial use thereof has been granted for consideration or otherwise, to a taxable person. (b) All charitable institution, churches, personages or convents, appurtenant thereto including mosques, non profit or religious cemeteries and all lands, buildings and its improvements which are actually, directly and exclusively used by local water districts and government owned or controlled corporations engaged in the supply and distributions of water and/or generation and transmission of electric power; (c) All real property owned by duly registered cooperatives as provided under R.A. No. 6938; and; (d) Machinery and equipment exclusively used for pollution control and environmental protection except as provided herein, any exemption from payment of real property herein, any exempt from payment of real property tax previously granted; or presently enjoyed by, all persons, whether natural or juridical, including all government owned and controlled corporations are hereby withdrawn upon the effectivity of (Republic Act 7160) of this code. (e) All generators and other machineries used to generate power during brown-out or as alternative source where the regular franchise holder cannot provide such services. SECTION 31. Additional Ad Valorem Tax on Idle Lands . There is hereby levied an annual tax on idle lands at the rate of five (5%) percent of the assessed value of the property which shall be in addition to the basic real property tax. SECTION 32 Idle Lands, Coverage . For purposes of real property taxation, idle lands shall include the following: (a) Agricultural lands, more than one (1) hectare area, suitable for cultivation dairying inland, fishery, and other agricultural uses, one half (1/2) of which remain uncultivated or unimproved by the owner of the property or persons having legal interest therein. Agricultural lands planted to permanent or perennial crops with at least fifty (50) trees to a hectare shall not be considered idle lands. Lands actually used for grazing purposes shall likewise not be considered idle lands. (b) Lands, other than agricultural, located in the City more than one thousand (1,000) square meters in area one half 1/2 of which remain unutilized or unimproved by the owner of the property or persons having legal interest therein. Regardless of land area, this section shall likewise apply to residential lot subdivision duly approved by proper authorities, the ownership to which has been transferred to individual owners, who shall liable for the additional tax: Provided, however, that the individual lots of each subdivision, the ownership of which has not been transferred to the buyer shall be considered as part of the subdivisions, and shall be subject to the additional tax payable by subdivision owners or operators. SECTION 33. Idle Lands Exempt from Tax . The City may exempt idle lands from the additional levy by reason of force majeure, civil disturbance, natural calamity or any cause or circumstance which physically or legally prevents the owner of the property or person having legal interest therein from improving, utilizing or cultivating the same. SECTION 34. Listing of Idle Lands by the Assessor . The City Assessor shall make and keep an updated record of all idle lands located in the City. For purposes of collection, the City Assessor shall furnish a copy thereof to the City Treasurer who shall notify, on the basis of such record, the owner of the property or person having legal interest of the imposition of the additional tax. SECTION 35. Special Levy by the Local Government . The local government may impose a special levy on the lands comprised within its territorial jurisdiction specially benefited by public works project or improvements, including the cost of acquiring lands and such other real property in connection therewith; Provided, further, that the special levy shall not apply to lands exempt from basic real property tax and the remainder of the land portion of which have been donated to the local government unit concerned for the construction of such project or improvements. SECTION 36. Ordinance Imposing a Special Levy . A tax ordinance imposing a special levy shall describe with reasonable accuracy the nature, extent, and location of the public works project or improvements to be undertaken, state the estimated cost thereof. Specify the metes and bounds by monuments and lines and the number of annual installments for the payments of the special levy which in no case shall be less than five (5) nor more than ten (10) years. The City Council shall not be obliged in the apportionments and computation of the special levy, to establish a uniform percentage of all lands subject to the payment of the tax for the entire city but it may fix different parts or section thereof, depending or whether such land is more or less benefited by the proposed work. SECTION 37. Publication of Proposed Ordinance Imposing a Special Levy . The special levy authorized herein shall be apportioned, computed, and assessed according to the assessed valuation of the lands affected as shown on the books of the City Assessor, or its current value as fixed by the Assessor if the property does not appear of records in his books. Upon the effectivity of the ordinance imposing special levy, the City Assessor shall forthwith proceed to determine the annual amount of special levy assessed against each parcel of land comprised within the area especially benefited and shall send to each land owner a written notice thereof by mail, personal service or publication in appropriate cases. SECTION 38. Tax Payer's Remedies Against Special Levy . Any owner of real property affected by a special levy or any person having legal interest therein may, upon receipt of the written notice of assessment of the special levy, avail of the remedies provided for in Chapter 2, SECTION 26 of this Title. SECTION 39 Accrual of Special Levy . The special levy shall accrue on the first day (1st) of the quarter next following the effectivity of the ordinance imposing such levy. CHAPTER 3 Collection of Real Property Tax SECTION 40. Date of Accrual of Tax . The real property tax for any year shall accrue for the first day of January and from the date it shall constitute lien on the property which shall be superior to any other lien, mortgage, encumbrance of any kind whatsoever, and shall be extinguished only, upon the payment of the delinquent tax. SECTION 41. Collection of Tax . The collection of the real property tax with interest thereon and relate expenses, and the enforcement of the remedies provided for in this Title or any applicable laws shall be the responsibility of the City Treasurer. The City Treasurer may deputize the barangay treasurer to collect all taxes real property located in the barangay provided that the barangay treasurer is property bonded for the purpose and provided further, that the premium on the bond shall be paid by the city government. SECTION 42. City of Assessor to furnish City Treasurer with Assessment Roll . The City Assessor shall prepare and submit to the City Treasurer on or before the thirty first (31 st) day of December of each year, an assessment roll containing a list of all persons whose real properties have been newly assessed or re-assessed and values of such properties. SECTION 43. Notice of Time for Collection of Tax . The City Treasurer shall on or before the thirty first (31 st) of January of each year, in the case of the basic real property tax and the additional for the Special Education Fund (SEF) or on any date to be prescribed by the City Council in the case any other tax levied under this Title, post the notice of the dates when the tax may be paid without interest at a conspicuous place publicly accessible place at the City Hall, said notice shall likewise be published in a newspaper of general circulation once a week for two (2) consecutive weeks. SECTION 44. Payment of Real Property Taxes in Installments . The owner of the real property or the person having legal interest therein may pay the basic real property tax and the additional tax for Special Education Fund (SEF) due thereon without interest in four (4) equal installments the first (1st) installment to be due and payable honor before the thirty first (31st) of March: the second installment, on or before the thirtieth (30th) of June; the third installment, on or before the thirtieth (30th) of September, and the last installment on or before the thirty first (31st) of December, except the Special Levy the payment of which shall be governed by Ordinance of the City Council. The date for the payment of any other tax imposed of this Title without interest shall be prescribed by the City Council. Payments of real property taxes shall be first be applied to prior years delinquencies, interest, and penalties if any, and only after said delinquencies are settled may tax payments be credited for the current period. SECTION 45. Tax Discount for Advance Payment . If the basic real property tax and additional tax accruing to the Special Education Fund (SEF) are paid in advance in accordance with the prescribed schedule of payment as provided under Sec. 45 (The City Council may grant a discount not exceeding twenty (20%) percent of annual tax due.) The City Council hereby ordained a discount based on the following schedule. (a) 10% for prompt payment (current year) (b) 15% for one year (1) advance payment (c) 20% for two years (2) advance payment SECTION 46. Payment Under Protest . (a) No protest shall be entertained unless the taxpayer first pay the tax. There shall be annotated on the tax receipt the words "Paid under Protest".The protest in writing must be filed within thirty (30) days from the payment of the tax to the City Treasurer who shall decide the protest within sixty (60) days from receipt. (b) The tax on a portion thereof paid under protest shall be held in trust by the City Treasurer, however, fifty percent (50%) of the tax paid under shall be distributed in accordance with the provision of the code on the distribution of the proceeds. (c) In the event that the protest is finally decided in favor of the taxpayer the amount or portion of the tax protested shall be refunded to the protestant, or applied as tax credit against his existing or future tax liability. (d) In the event that the protest is denied or upon the lapsed of the sixty day period prescribed in sub-paragraph (a) of this section, the taxpayer may avail of the remedies provided for in Chapter 2 Sec. 26 of this Title. SECTION 47. Repealing Clause . All ordinances, Rules and Regulations, which are contrary and inconsistent with this Ordinance are hereby repealed, amended, or modified accordingly. SECTION 48. Effectivity . This code shall take effect on the first day of January Nineteen Hundred and Ninety Four. ENACTED in the City of Pasay, Philippines, this 15th day of November, in the year of Our Lord Nineteen Hundred and Ninety Three. APPROVED: HON. PABLO P. CUNETA HON. WENCESLAO B. TRINIDAD City Mayor Vice-Mayor and Presiding Officer 1. HON. ERNESTINA B. BERNABE 2. HON. ARNEL REGINO T. ARCEO 3. HON. GREG F. ALCERA 4. HON. ROMULO M. CABRERA 5. HON. JUSTO C. JUSTO 6. HON. FLORENCIO C. MATEO 7. HON. BENJAMIN P. REYES 8. HON. ANTONIO C. PROTACIO 9. HON. EDITA VERGEL DE DIOS 10. HON. ROBERO L. ALVAREZ 11. HON. ULDARICO C. ARABIA 12. HON. GENEROSO F. CUNETA 13. HON. SALVADOR QUIMPO 14. HON. TEODULO LORCA AT TESTED BY: ATTY. ROBERT YAM City Secretary