An Ordinance Providing for Additional Requirements in the Conduct of Public Sale/Auction on the Delinquent Real Properties Located in Quezon City

October 10, 2016 QUEZON CITY ORDINANCE NO. SP-2536-16 PO20CC-066 12th Regular Session AN ORDINANCE PROVIDING FOR ADDITIONAL REQUIREMENTS IN THE CONDUCT OF PUBLIC SALE/AUCTION ON THE DELINQUENT REAL PROPERTIES LOCATED IN QUEZON CITY Introduced by Councilor Voltaire Godofredo L. Liban III. Co-Introduced by Councilors Anthony Peter D. Crisologo, Lena Marie P. Juico, Elizabeth A. Delarmente, Alexis R. Herrera, Ranulfo Z. Ludovica, Estrella C. Valmocina, Roderick M. Paulate, Allan Benedict S. Reyes, Gian Carlo G. Sotto, Kate Abigael G. Coseteng, Franz S. Pumaren, Irene R. Belmonte, Karl Edgar C. Castelo, Godofredo T. Liban II, Marivic Co-Pilar, Rogelio "Roger" P. Juan, Donato C. Matias, Eric Z. Medina and Ricardo B. Corpuz. WHEREAS, Section 254 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, provides for a Notice of Delinquency in the Payment of the Real Property Tax where the local treasurer shall immediately cause a notice of the delinquency to be posted at the main hall and in a publicly accessible and conspicuous place in each barangay of the local government unit concerned. The notice of delinquency shall also be published once a week for two (2) consecutive weeks, in a newspaper of general circulation in the province, city, or municipality; WHEREAS, the same section likewise provides that delinquent real property will be sold at public auction when the delinquent taxpayer failed to pay before the expiration of the year for which the tax is due except when the notice of assessment or special levy is contested administratively or judicially pursuant to the provisions of Chapter 3, Title II, Book II of this Code; WHEREAS, Section 260 of the same Code provides that within thirty (30) days after service of the warrant of levy, the local treasurer shall proceed to publicly advertise for sale or auction the property or a usable portion thereof as may be necessary to satisfy the tax delinquency and expenses of sale. The advertisement shall be effected by posting a notice at the main entrance of the provincial, city or municipal building, and in a publicly accessible and conspicuous place in the barangay where the real property is located, and by publication once a week for two (2) weeks in a newspaper of general circulation in the province, city or municipality where the property is located; WHEREAS, consistent with the above cited provisions, the additional requirements herein provided would resolve conflicts on the actual use vis--vis the assignment on the subdivision plan from the Bureau of Lands upon verification of the property, and would validate to the bidder the actual property he/she is casting his/her bid. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF QUEZON CITY IN REGULAR SESSION ASSEMBLED: SECTION 1. Objectives . This Ordinance is to provide additional requirements in the conduct of public sale/auction on the delinquent real properties located in Quezon City, in order to make certain that the real properties which will be the subject for public sale/auction are the actual and correct real properties which can be identified based on the subdivision plan from the Bureau of Lands, and to give additional due notice to the delinquent taxpayers; SECTION 2. Additional Requirements . In addition to the requirements provided for by the Local Government Code of 1991, the following shall also be complied with in the conduct of public sale/auction on the delinquent real properties: a. Notice of Auction Sale shall be given to the owner and/or occupants of the said property. aScITE b. A Notice/Streamer (size 2x3ft) shall be posted on the real properties subject of public sale/auction stating the Deed of Sale of the said property. The cost of said notice or streamer shall be chargeable to the bidder; and c. A Subdivision Plan from the Bureau of Lands shall be presented by the Auction Committee. SECTION 3. Responsible Party/Officer . The Auction Committee shall be responsible for the strict implementation of the additional requirements herein provided; otherwise, they shall be administratively liable for failure to do so. SECTION 4. Repealing Clause . Any provisions of ordinances, executive orders, issuances or rules and regulations inconsistent with the provisions of this Ordinance is hereby repealed, amended or modified accordingly. SECTION 5. Effectivity . This Ordinance shall take effect fifteen (15) days after its publication in a newspaper of general circulation. ENACTED: October 10, 2016. (SGD.) MA. JOSEFINA G. BELMONTE Vice Mayor Presiding Officer ATTESTED: (SGD.) ATTY. JOHN THOMAS S. ALFEROS III City Gov't. Asst. Dept. Head III APPROVED: October 26, 2016 (SGD.) HERBERT M. BAUTISTA City Mayor