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FOREWORD
Pursuant to the provisions of Section 4, 3rd paragraph, of EO 127, the Department of
Finance shall be responsible for the supervision of the revenue operations of all local
government units. The Bureau of Local Government Finance, pursuant to Section 33 of the
Revised Administrative Code of 1987, shall assist the Department of Finance in the
formulation and implementation of policies over local government revenue administration
and fund management. Likewise, BLGF shall exercise technical supervision over the
assessment operations of all local governments.
Sections 201 of the Local Government Code of 1991 and Article 291 of its
Implementing Rules and Regulations (IRR) provide that the Department of Finance shall
promulgate the necessary rules and regulations for the classification, appraisal, and
assessment of real property. For this purpose, the Department of Finance (DOF) has
constituted a Committee composed of the officials and staff of the Bureau of Local
Government Finance (BLGF) and Provincial, City and Municipal Assessors to formulate a
Manual on Real Property Appraisal and Assessment Operations, which shall serve as a
guide for assessors all over the country.
This Manual is issued to provide local assessment and treasury officials, local
Sanggunians, the local Chief Executives, the local and national officials and others
concerned with an integrated and updated reference in real property assessment
administration. The Manual will serve as a valuable and effective guide for the Assessors in
discharging their functions in accordance with the new concepts of property valuation and
assessment envisioned under the Local Government Code of 1991.
This Manual essentially covers the standard operations and procedures in the
classification, appraisal and assessment of real property for compliance of all local
assessors. It is presented in a modest manner to provide an easy flow of information
pertaining to the statutory and administrative aspects of real property tax administration
with the end in view of attaining fairness and equity in the distribution of tax burden.
This Manual is divided into six Chapters, as follows:
Chapter I
Local Government Assessment Organization
Chapter II
Assessment Operations
Chapter III
Records Management
Chapter IV
Miscellaneous Provisions
Chapter V
Penal Provisions
Chapter VI
Repealing and Effectivity Clause
Historical Background of Real Property Taxation in the Philippines
During the encomienda system of the Spanish Era, there was no real property tax in
the Philippines. Taxes on land were levied primarily on the male tenant of 16-60 years old
as personal taxes or tributes rather than the real land taxes. They were paid generally in the
form of agricultural products for the privilege to work on the land of the encomiendas.
1
It was in 1901, during the American Regime that the real property taxation in the
Philippines was formally instituted. In 1901, Act Nos. 82 and 83 of the Philippine
Commission organized the municipal and provincial governments, respectively. These laws
authorized the municipality and the province to levy taxes on real properties. These taxes
became the primary source of locally-generated revenues. Likewise, Provincial and
Municipal Board of Assessors were created under the same law in each province and
municipality. The Municipal Board was charged with the assessing of real properties for
taxation purposes while the Provincial Board was authorized to levy an annual tax on the
real property assessed value. The said Act also charged the Provincial Treasurer of the
supervision of the real property assessment and tax collection.
Other laws affecting assessment and taxation of real property were enacted and were
later compiled and incorporated in the Administrative Code of 1916 under the Jones Law.
On December 5, 1932, Act No. 3995 An Act Revising and Compiling the
Assessment Laws was passed, which in effect repealed, compiled and incorporated into a
single Body all existing laws relating to the assessment and collection of real property taxes.
Then in July 1939, the National Assembly passed Commonwealth Act No. 470
repealing Act No. 3995. CA No. 470 continued as the Assessment Law from 1940 until the
birth of the new society in 1972 when His Excellency, President Ferdinand E. Marcos
initiated reforms in real property tax administration under Presidential Decree (PD) Nos. 25
and 76.
On May 20, 1974, PD No. 464 entitled The Real Property Tax Code was
promulgated as the law governing the Real Property Tax Administration in the Philippines.
The said law was designed to upgrade the assessment techniques, procedures and practices
in the country.
As provided under Section 8 of Batas Pambansa Blg. 337, dated February 10, 1983,
the Real Property Tax Code (PD 464) was recognized under the Local Government Code of
1983. Accordingly, PD 464, as amended, continued to be the governing laws relative to the
appraisal and assessment of real property for taxation purposes, as well as the levy,
collection and administration of the real property tax until the year 1991 wherein Title II
Book II of the Local Government Code (Republic Act No. 7160) has integrated the law on
real property taxation and repealing PD 464 in the process. Significant changes in the legal
framework, concepts and procedures embodied in the Local Government Code will be
comprehensively discussed in this Manual.
The Present Role of the Local Assessor
The Local Assessor shall take charge of the discovery, classification, appraisal,
assessment and valuation of all real properties within his territorial jurisdiction which shall
be used as the basis for taxation. His duties include the preparation, installation and
maintenance of a system of tax mapping and records management and the preparation of a
Schedule of Fair Market Values of the different classes of real property within his territory.
CHAPTER I
LOCAL GOVERNMENT ASSESSMENT ORGANIZATION
SECTION 1. - LOCAL ASSESSMENT PERSONNEL ADMINISTRATION
I. Appointment of Provincial, City and Municipal Assessors
A. Manner of Appointment The Local Assessor shall be appointed by the
Local Chief Executive concerned, subject to the Civil Service law, rules and
regulations.
All incumbent Assessors holding permanent appointment (appointed
by the President or the Secretary of Finance) shall continue in Office without
need of further appointment. The local chief executive may exercise his
power to appoint the Assessor only when permanent vacancy occurs.
B. Nature of Position - The appointment of an assessor shall be mandatory for
all provincial, city and municipal governments
C. Qualification Requirements - No person shall be appointed assessor unless
he is a citizen of the Philippines, a resident of the local government unit
concerned, of good moral character, a holder of a college degree preferably
in civil or mechanical engineering, commerce or any other related course
from a recognized college or university and a first grade civil service eligible
or its equivalent. He must have acquired experience in real property
assessment work or in any related field for at least five (5) years in the case
of the city or provincial assessor, and three (3) years in the case of the
municipal assessor.
Experience in related field means actual work experience acquired
from the Bureau of Local Government Finance and its Regional Offices, real
property appraisal, treasury (Land Tax Division), shall be considered
functional experience in the assessment service.
Nobody shall be appointed or designated local Assessor if he does
not possess the minimum requirements for appointment as provided in the
LGC, otherwise, the appointment or designation shall be considered invalid
or without effect.
II.
III.
ORGANIZATIONAL CHART
OFFICE OF THE PROVINCIAL ASSESSOR
(Minimum)
PROVINCIAL
ASSESSOR
* Optional
ASSESSMENT OPERATIONS
EVALUATION UNIT
ASSISTANT PROVINCIAL
ASSESSOR *
MUNICIPAL ASSESSORS
ADMINISTRATIVE AND
ASSESSMENT RECORDS
MANAGEMENT
DIVISION
TAX MAPPING
OPERATIONS
DIVISION
10
APPRAISAL
STANDARDS AND
EXAMINATION
DIVISION
ORGANIZATIONAL CHART
OFFICE OF THE PROVINCIAL ASSESSOR
(Recommended Maximum) **
PROVINCIAL
ASSESSOR
ASSESSMENT
OPERATIONS
EVALUATION UNIT
ASSISTANT
PROVINCIAL
ASSESSOR FOR
ADMINISTRATION *
MUNICIPAL
ASSESSOR
ADMIN.
DIVISION
IT
DIVISION
ASSESSMENT
RECORDS
MANAGEMENT
DIVISION
TAX MAPPING
OPERATIONS
DIVISION
PROPERTY
VALUATION &
EXAMINATION
ASSESSMENT
STANDARD &
EXAMINATION
DIVISION
* Optional
** Recommendatory depending on the financial
capability of the province concerned
11
ORGANIZATIONAL CHART
OFFICE OF THE CITY ASSESSOR
(Minimum)
CITY ASSESSOR
ASSESSMENT OPERATIONS
EVALUATION UNIT
ADMINISTRATIVE AND
ASSESSMENT RECORDS
MANAGEMENT
DIVISION
TAX MAPPING
OPERATIONS
DIVISION
* Optional
12
APPRAISAL AND
ASSESSMENT
DIVISION
ORGANIZATIONAL CHART
OFFICE OF THE CITY ASSESSOR
(Recommended Maximum) **
CITY
ASSESSOR
ASSESSMENT OPERATIONS
EVALUATION UNIT
ASSISTANT CITY
ASSESSOR FOR
OPERATION
ASSISTANT CITY
ASSESSOR FOR
ADMINISTRATION
ADMIN.
DIVISION
IT
DIVISION
ASSESSMENT
RECORDS
MANAGEMENT
DIVISION
TAX MAPPING
OPERATIONS
DIVISION
APPRAISAL
DIVISION
ASSESSMENT
STANDARD &
EXAMINATION
DIVISION
* Optional
** Recommendatory depending on the
financial capability of the city concerned
13
ORGANIZATIONAL CHART
OFFICE OF THE MUNICIPAL ASSESSOR
(Minimum)
MUNICIPAL ASSESSOR
ADMINISTRATIVE &
ASSESSMENT RECORDS
MANAGEMENT UNIT
TAX MAPPING
* Optional
OPERATIONS UNIT
14
APPRAISAL AND
ASSESSMENT UNIT
ORGANIZATIONAL CHART
OFFICE OF THE MUNICIPAL ASSESSOR
(Recommended Maximum) **
MUNICIPAL ASSESSOR
ADMINISTRATIVE
AND ASSESSMENT
RECORDS
MANAGEMENT
IT
TAX MAPPING
OPERATIONS DIVISION
DIVISION
APPRAISAL &
ASSESSMENT
DIVISION
* Optional
** Recommendatory depending on the
financial capability of the municipality
concerned
15
Staffing Pattern
OFFICE OF THE PROVINCIAL ASSESSOR
(Minimum)
No. of Position
1
1
2
-------
1
*
1
-------
1
*
1
*
1
1
1
1
*
1
*
-------
1
1
1
1
-------
1
*
1
*
1
*
*
3
------- -----18
Total
* Optional
16
Staffing Pattern
OFFICE OF THE PROVINCIAL ASSESSOR
(Recommended Maximum) **
No. of Position
1
2
-------
B. Administrative Division
Administrative Officer IV, G 22
Administrative Officer I, G 11
Data Entry Machine Operator II, G 8
Storekeeper II, G 6
Clerk III, G 6
Clerk II, G 4
Clerk I, G 3
Messenger, G 2
Reproduction Machine Operator, G 2
Driver I, G 3
1
4
1
1
1
-------
1
1
1
1
2
2
1
1
1
1
-------
17
1
1
1
2
2
1
2
2
1
1
-------
12
14
1
1
1
1
2
1
1
2
2
1
-------
1
1
1
3
1
1
2
2
-------
1
1
1
2
1
1
1
2
-------
13
11
10
-------
72
18
Staffing Pattern
OFFICE OF THE CITY ASSESSOR
(Minimum)
No. of Position
City Assessor (Mandatory)
Assistant City Assessor (Optional)
1
1
-------
1
*
1
-------
1
*
*
1
1
1
1
1
1
*
*
*
-------
1
1
*
*
1
1
*
-------
1
1
19
1
*
*
1
4
-------- ------19
Total
*Optional
Staffing Pattern
OFFICE OF THE CITY ASSESSOR
(Recommended Maximum) *
No. of Position
City Assessor (Mandatory)
Assistant City Assessor (Optional)
1
2
-------
B. Administrative Division
Administrative Officer IV, G 22
Administrative Officer I, G 11
Data Entry Machine Operator II, G 8
Storekeeper I, G 6
Clerk III, G 6
Clerk II, G 4
Clerk I, G 3
Messenger, G 2
Reproduction Machine Operator, G 2
Driver I, G 3
1
4
1
1
1
-------
1
1
1
1
1
1
1
1
1
1
-------
1
1
10
1
1
1
2
2
1
-------
1
1
1
1
2
1
1
1
2
1
------1
1
1
4
1
1
1
2
-------
11
12
12
1
1
1
4
1
1
1
2
12
------- ------68
21
Staffing Pattern
OFFICE OF THE MUNICIPAL ASSESSOR
(Minimum)
No. of Position
Municipal Assessor (Mandatory)
Assistant Municipal Assessor (Optional)
Tax Mapper I, G 11
Real Property Appraiser I, G 11
Assessment Clerk III, G 9
Assessment Clerk II, G 6
Draftsman I, G 6
Assessment Clerk I, G 4
Tax Mapping Aide, G 4
1
1
*
1
*
*
*
1
1
-----5
Total
*Optional
Staffing Pattern
OFFICE OF THE MUNICIPAL ASSESSOR
(Recommended Maximum) *
No. of Position
Municipal Assessor (Mandatory)
Assistant Municipal Assessor (Optional)
1
1
-------
22
1
1
1
1
1
1
2
1
1
1
1
-------
12
1
1
2
1
1
1
1
-------
1
1
2
1
1
1
2
9
------- ------31
Total
23
25
Bills of lading
Letter of Credit
Official Receipt
Purchase Invoice
26
CHAPTER II
STANDARD OPERATIONS IN REAL PROPERTY
ASSESSMENT
SECTION 1. - GUIDING PRINCIPLES
The classification, appraisal and assessment of real property for taxation
purposes shall be governed by the provisions of RA No.7160 and its implementing
rules and regulations and other pertinent laws, with the view of attaining methodical,
efficient and consistent compliance thereof and achieve equity in the distribution of
tax burden and shall be guided by the following fundamental and guiding principles:
1. Real property shall be appraised at its current and fair market value based on
the duly approved schedule of market values;
2. Real property shall be classified for assessment purposes on the basis of its
actual use;
3. Real property shall be assessed on the basis of a uniform classification within
each local government unit;
4. The appraisal, assessment, levy, and collection of real property tax shall not
be let to any private person; and
5. The appraisal and assessment of real property shall be equitable.
6. 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
ordinances of the Sangguniang Panlalawigan, Sangguniang Panlungsod or
Sangguniang Bayan of a municipality within the Metropolitan Manila Area,
at the rates not exceeding the following:
(a) On lands:
CLASS
Residential
Agricultural
Commercial
Industrial
Mineral
Timberland
ASSESSMENT LEVELS
20%
40%
50%
50%
50%
20%
27
Not Over
P 175,000.00
300,000.00
500,000.00
750,000.00
1,000,000.00
2,000,000.00
5,000,000.00
10,000,000.00
Assessment Levels
Not Over
P 300,000.00
500,000.00
750,000.00
1,000,000.00
2,000,000.00
Assessment Levels
25%
30%
35%
40%
45%
50%
Not Over
P 300,000.00
500,000.00
750,000.00
1,000,000.00
2,000,000.00
5,000,000.00
10,000,000.00
Assessment Levels
30%
35%
40%
50%
60%
70%
75%
80%
0%
10%
20%
25%
30%
35%
40%
50%
60%
(2) Agricultural
Fair Market Value
OVER
P 300,000.00
500,000.00
750,000.00
1,000,000.00
2,000,000.00
(3) Commercial/Industrial
Fair Market Value
OVER
P 300,000.00
500,000.00
750,000.00
1,000,000.00
2,000,000.00
5,000,000.00
10,000,000.00
28
(4) Timberland
Fair Market Value
OVER
P 300,000.00
500,000.00
750,000.00
1,000,000.00
2,000,000.00
Not Over
P 300,000.00
500,000.00
750,000.00
1,000,000.00
2,000,000.00
Assessment Levels
45%
50%
55%
60%
65%
70%
(c) On Machineries;
CLASS
Agricultural
Residential
Commercial
Industrial
ASSESSMENT LEVELS
40%
50%
80%
80%
(d) On Special Classes: The assessment levels for all lands, buildings,
machineries and other improvements;
ACTUAL USE
Cultural
Scientific
Hospital
Local water districts
Government-owned or controlled
corporations engaged in the supply
and distribution of water and/or
generation and transmission of electric
power
ASSESSMENT LEVEL
15%
15%
15%
10%
10%
7. Date of Effectivity of Assessment or Reassessment All assessments or reassessments made after the first (1st) day of January of any year shall take
effect on the first (1st) day of January of the succeeding year: Provided,
however, That the reassessment of real property due to its partial or total
destruction, or to a major change in its actual use, or to any great and 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 reassessment.
8
been liable but in no case for more than ten (10) years prior to the date of
initial assessment: Provided, however, that taxes shall be computed on the
basis of the applicable schedule of values in force during the corresponding
period. Provided further that the total tax liability is eleven (11) years
including the year the assessment is made. If such taxes are paid on or
before the end of the quarter next 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 or a fraction thereof until such taxes are
fully paid but not to exceed thirty-six (36) months.
9. Notification of New or Revised Assessment When real property is assessed
for the first time or when an existing assessment is increased or decreased,
the provincial, city or municipal assessor shall within thirty (30) days give
written notice of such new or revised assessment to the person in whose
name the property is declared. The notice may be delivered personally or by
registered mail or through the assistance of the punong barangay to the last
known address of the person to be served.
10. Effect of Appeal on the Payment of Real Property tax Appeal on
assessments of real property made under the provisions of the Local
Government Code shall, in no case, suspend the collection of the
corresponding realty taxes on the property involved as assessed by the
provincial or city assessor, without prejudice to subsequent adjustment
depending upon the final outcome of the appeal.
SECTION 2. - DEFINITION OF TERMS
All terms defined under Section 199 of R. A. 7160 shall be controlling, and
those that may be incorporated in an Ordinance not otherwise inconsistent with the
provisions of laws.
(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
predominantly utilized by the owner or the person in possession thereof;
(c)
(d)
(e)
(f)
(g)
(h)
Assessed Value is the fair market value of the real property multiplied by
the assessment level. It is synonymous to taxable value;
(i)
(j)
(k)
(l)
(m)
(n)
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;
(o)
31
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
province, city and municipality of Metro Manila Area, is hereby assigned with a
specific Index Number indicated as follows:
Province
Province
Index Number
Batanes
Cagayan
Ilocos Norte
Abra
Kalinga-Apayao
Mountain Province
Ilocos Sur
La Union
Benguet
Ifugao
Isabela
Nueva Vizcaya
Pangasinan
Nueva Ecija
Quezon
Zambales
Tarlac
Bataan
Pampanga
Bulacan
Rizal
Cavite
Laguna
Batangas
Camarines Norte
Camarines Sur
Catanduanes
Occidental Mindoro
Oriental Mindoro
Marinduque
AlbaySorsogon
Romblon
Masbate
Northern Samar
Western Samar
Eastern Samar
Aklan
Capiz
Antique
Iloilo
-001
-002
-003
-004
-005
-006
-007
-008
-009
-010
-011
-012
-013
-014
-015
-016
-017
-018
-019
-020
-021
-022
-023
-024
-025
-026
-027
-028
-029
-030
-031
-032
-033
-034
-035
-036
-037
-038
-039
-040
-041
34
Negros Occidental
Cebu
Leyte
Southern Leyte
Negros Oriental
Bohol
Surigao del Norte
Camiguin
Zamboanga del Norte
Misamis Occidental
Misamis Oriental
Agusan del Norte
Agusan del Sur
Surigao del Sur
Zamboanga del Sur
Lanao del Norte
Lanao del Sur
Bukidnon
North Cotabato
South Cotabato
Davao del Sur
Davao del Norte
Davao Oriental
Sulu
Palawan
Quirino
Siquijor
Tawi-Tawi
Maguindanao
Sultan Kudarat
Basilan
Aurora
Biliran
Guimaras
Sarangani
Apayao
Kalinga
Compostela Valley
Zamboanga Sibugay
-042
-043
-044
-045
-046
-047
-048
-049
-050
-051
-052
-053
-054
-055
-056
-057
-058
-059
-060
-061
-062
-063
-064
-065
-066
-067
-068
-069
-070
-071
-072
-073
-074
-075
-076
-077
-078
-079
-080
City
Index Number
City
Laoag
Baguio
Dagupan
-101
-102
-103
35
-104
-105
-106
-107
-108
City/Metro
Manila Mun.
Index Number
-109
-110
-111
-112
-113
-114
-115
-116
-117
-118
-119
-120
-121
-122
-123
-124
-125
-126
-127
-128
-129
-130
-131
-132
-133
-134
-135
-136
-137
-138
-139
-140
-141
-142
-143
-144
-145
36
Canlaon
Bais
Dumaguete
Toledo
Danao
Mandaue
Cebu
Lapu-Lapu
Tagbilaran
Ormoc
Tacloban
Calbayog
Dapitan
Pagadian
Zamboanga
Surigao
Butuan
Gingoog
Cagayan de Oro
Dipolog
Oroquieta
Ozamiz
Tangub
Iligan
Cotabato
Marawi
Davao
General Santos
Sagay
Santiago
Kabankalan
Antipolo
Talisay
Samal
Tagum
Kidapawan
Tuguegarao
Passi
Victorias
Tacurong
Bislig
Koronadal
Calapan
Sorsogon
Digos
Gapan
Calamba
-146
-147
-148
-149
-150
-151
-152
-153
-154
-155
-156
-157
-158
-159
-160
-161
-162
-163
-164
-165
-166
-167
-168
-169
-170
-171
-172
-173
-174
-175
-176
-177
-178
-179
-180
-181
-182
-183
-184
-185
-186
-187
-188
-189
-190
-191
-192
37
-193
-194
-195
-196
-197
-198
-199
-200
-201
-202
-203
-204
-205
-206
-207
-208
-209
-210
-211
-212
-213
-214
-215
-216
-217
-218
-219
38
3. Barangay Index Number - The next four (4) digits (6th, 7th, 8th and 9th) in
the Property Identification Number shall be used to identify the barangay.
Barangays are numbered beginning with "0001" for the Poblacion and
continuing serially through all barangays on an alphabetical basis, by
municipality. (See Figures 4 and 4-A, for a typical Barangay Index Map).
In cases where the poblacion consists of two or more barangays that were
designated numerically such as Poblacion I, Poblacion II, etc., the barangays
shall be numbered in like manner, i.e., 0001 for poblacion I, 0002 for poblacion
II, etc. However, if the barangays are designated by name as Poblacion Centro,
Poblacion West, etc., the barangays shall be numbered beginning with 0001 for
barangay, preferably, where the municipal building is located, followed serially
through barangays in an alphabetical order.
In cases where there is no barangay poblacion, the barangays shall be
numbered consecutively beginning with "0001" for the first barangay after all
the barangays are arranged alphabetically.
4. Fundamental Component of PIN. The combination of the Index Numbers of
the Province/City/Municipality of MMA, Municipal/District, barangay,
constitutes the fundamental components (first nine digits) of a Property
Identification Number.
Illustrations:
(a) For parcel located in a Province:
000
Province
00
Municipality
0000
Barangay
00
District
0000
Barangay
00
District
0000
Barangay
5. Section Index Number. - Following the nine digits, which are the fundamental
components of the property identification number, are three (3) digits (10th, 11th
and 12th) which shall be used to identify the section. Sections shall be numbered
in conformity with the layout under Sec. 30 hereof beginning with "001" in the
north westernmost section, thence on an easterly direction, thence southward,
thence on a westerly direction, thence southward and then repeat on an easterly
39
direction, or stated differently, in an inverted "S" pattern, until all the sections
within the barangay are assigned index numbers.
6. Permanent Parcel Number. - Following the twelve digits in the property
identification number, the two (2) digits (13th and 14th) shall be assigned to
identify each separate parcel of land. A parcel of land for the purpose of this
Manual is a plot or an area of land, having established limits, that is practicable
to be assessed as one parcel of land and likewise numbered, in an inverted S
pattern.
7. Permanent Property Identification Number (PIN). - With the inscription of
the permanent parcel (lot) number on the tax map all needed information are
available to identify and describe all real property in the mapped area. The
numbering system is now ready to bridge the gap between the real property in
the field and office assessment records.
This is called the property
identification numbering system.
The final and permanent property
identification number assigned to a parcel of land in the tax map shall consist of
the following sequence:
The 1st, 2nd and 3rd digits represent the Province/City/Municipality of MMA
Index Number; the 4th and 5th represent the Municipal/District Index Number;
the 6th, 7th, 8th and 9th digits represent the Barangay Index Number; the 10th,
11th and 12th digits represent the Section Index Number; and finally the 13th and
14th digits represent the permanent parcel number. Thus the complete number
sequence of a PIN is illustrated as follows:
000
Prov/City/Mun.
00
Mun./Dist.
0000
Bgy
000
Sec.
00
Parcel
Example: (1) The PIN of Lot (05) of Section (002) of Barangay (0005)
at Municipality (15) in the Province of (020) is:
020-15-0005-002-05
(2) The PIN of Lot (35) of Section (001) of Barangay (0012),
District of (06) in City (132) is:
132-06-0012-001-35
8. PIN of Building. A building which shall be separately assessed from the land,
should bear the PIN of the land with a four(4)-digit number (1001) added to it.
In the case of a condominium building, the permanent PIN of the
condominium unit should bear the PIN of the condominium building with a
three(3)-digit number (001) added to it.
9 PIN of Machinery. A machinery which shall be separately assessed from the
land or building, should bear the PIN of the land with a four (4) digit number
beginning with 2001 added to it.
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41
0022, 0023, etc., following the principle of retiring the PIN of a parcel of land in
case of subdivision/consolidation.
Illustration:
Barangay Dadiangas, the mother barangay with an Index Number
0001, was subdivided into four (4) newly created barangays, namely:
Dadiangas North, Dadiangas South, Dadiangas East and Dadiangas West.
Assuming that a city is comprised of 21 barangays, each with an
assigned Index Number whereby Barangay Dadiangas is numbered 0001
and continuing serially through all barangays on an alphabetical basis, the
last barangay has an Index Number 0021.
Thus, mother Barangay (Dadiangas) 0001 is considered retired and
retaining the index number of the other barangay while the newly created
barangay will be numbered as follows:
0001 for Dadiangas (retired)
0021 for the last barangay
0022 for Barangay Dadiangas East
0023 for Barangay Dadiangas North
0024 for Barangay Dadiangas South
0025 for Barangay Dadiangas West
13. Mechanics of PINS. - It shall be the duty of the Provincial, City or Municipal
Assessor of Metropolitan Manila Area to explain to all his personnel the
mechanics and system of the Property Identification Numbering. Special
instructions shall be made to the personnel of the Tax Mapping and the Records
Division, who are directly involved in the execution of the Tax Mapping
Operation.
14. Preparation of Field Appraisal and Assessment Sheet (FAAS). - After
receiving special instructions on the mechanics of Property Identification
Numbering System (PINS) and upon direction of the Provincial, City or
Municipal Assessor of Metro Manila Area, the staff of the Records Management
Division shall start to prepare Field Appraisal and Assessment Sheet (FAAS) as
prescribed under Annexes ___, ____ and ____ hereof. This is done by copying
from existing tax declaration all the information except the classification and
value of the property contained on each original copy of the tax declaration on
file by municipality in the case of province, and by district or barangay in the
case of city or municipality within Metro Manila Area. Only one FAAS shall be
prepared for each real property unit declared under existing and active Tax
Declaration.
(a) Preparation of FAAS by Municipality. - The preparation of FAAS shall
be done on a municipality by municipality basis in the case of province.
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than the landowner, shall be attached to the FAAS of the land and
assigned with temporary PIN bearing the temporary PIN of the land
with postfix B1 added to it, followed by B2, B3, etc. for the additional
FAAS still covering buildings identified to be standing on the same
land, for example: 0001-0001B1; 0001-0001B2; 0001-0001B3, etc.
(2) FAAS covering machinery identified to be installed in a particular
parcel of land whether owned by the landowner or any person other
than the landowner, shall be attached to the FAAS of the land and
assigned a temporary PIN bearing the temporary PIN of the land with
postfix M1 added to it, followed by M2, M3, etc. for additional FAAS
still covering machineries identified to be installed on the same land,
for example: 0001-0001M1; 0001-0001M2; 0001-0001M3, etc.
(3) Those FAASes covering buildings, machinery and other
improvements, which are not identified in whose land they are located,
shall be filed alphabetically and placed in a separate folder for proper
identification and assignment of temporary PIN in the field in similar
manner as in the preceding paragraphs.
description and tie together all property records, including field appraisal and
assessment sheet, tax rolls, and collection registers. They also serve the additional
important purpose of providing the public with vital real property information.
Finally, tax maps make possible the establishment of a system of records that is
easily adopted to automatic data processing techniques.
Thus, it may be seen that tax maps are absolutely necessary in any systematic
method of assessment administration. As tax maps constitute the first step and the
prime requisite of any general valuation or revaluation program, assessors should
place the highest possible priority on their construction over all other phases of
assessment work.
C.
PERSONNEL SUPPORT
1. Organization of Provincial, City and Municipal Assessor's Office.- In
line with the Real Property Tax Administration (RPTA) program,
Provincial, City Assessors Offices, as much as possible shall be
reorganized in such a way that the following divisions are provided:
(1) Tax Mapping Division - To take charge of the tax
mapping operations.
(2) Appraisal and Assessment Division - To take charge of
real property appraisal and assessment operations.
(3) Records Management Division - To take charge of records
management operations.
(4) Research and Statistic Division - To take charge of
gathering and studying data on real property valuation,
assessment and tax collection.
For provinces, a Field Operations Division, may be created, to
supervise the Municipal Assessors.
To insure the effective implementation of the RPTA program there
may be created in every Office of the Municipal Assessor at least one (1)
position of Tax Mapping Aide; one (1) position of Assessment Clerk; one
(1) position of Records Clerk; and one (1) position of Statistical Aide.
2. Staffing of the Provincial/City and Municipal Assessor's Office.- Once the
formal organization and the staffing pattern have been determined, the
next important step is the preparation of qualification standards for
each position. Staffing with qualified personnel in assessment offices is
extremely important. The qualifications of employees already on the job
should be carefully checked to insure that the right persons are in the right
45
Provision of adequate working tools, equipment and materials for field tax
mapping and tax appraisal operations is also of great importance. Field crew that
arrives on site with adequate tools, equipment and materials are in a position to
produce quality work. Without this support, the end product will suffer and the
time taken to produce even inferior work will increase substantially.
Tax mapping field teams should have access, at least, to the tools,
equipment and materials listed below:
(1) Equipment and Tools:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(2) Materials:
(i) Engineering Controlled Land Survey Maps
(ii) Rectified Aerial Photographs
(iii) Plastic Overlays
(iv) Tracing Papers
(v) Chalks
(vi) Papers, etc.
Adequate and detailed provision must be made in each annual
budget for the vehicular support and maintenance, and for the acquisition of
the equipment, tools and materials needed to support field operations. This
will require the programming of and identifying what items are exactly
needed in the field operation for a particular period. A direct follow up
should be made through the budgetary process to insure that necessary funds
are appropriated and made available as required.
Base Source Data Inventory. - Tax maps should be prepared from either
one or any combination of base data sources, viz: (1) the existing
engineering control survey maps; (2) the rectified aerial photograph; or (3)
the original parcellary survey to be conducted by the Assessor's Office.
48
controlled land surveys has been completed. The original (in tracing paper) of
the base maps shall be safely kept and preserved in the Office and shall not be
used as a working map for tax mapping purposes in the field. Instead, several
prints of the original base map shall be made and used as working map in the
field.
(b) Rectified Aerial Photographs. - When using rectified aerial
photographs, the preparation of base maps shall be accomplished in the field
operation. Actual field inspection and personal interviews with the owners or
occupants shall be made to determine the necessary information in identifying
every parcel of land including its corresponding corners and lines. Every
determined corners and lines of separate parcel of land shall be delineated
directly on the photo overlay and necessary data shall be recorded in the
appropriate forms, continuing the operation until the aerial photograph in use
has been completely covered. The accomplished photo overlay represents the
base map for the area.
Appropriate joining information as coordinated
between aerial photographs in use shall be made to make certain no gap occur in
the area which has been mapped. Sketch information on the photo overlay,
which is a superimposed transparency sheet (tracing paper), shall be the basis
in preparing the tax maps. The original sketches in the tracing paper shall also
be kept and preserved in the same manner as mentioned in the immediate
preceding paragraph.
For convenience of field sketching on aerial photographs and for the
protection of the photos from damage which may be sustained from weather or
handling during field operations, rectified aerial photographs should be encased
in a map board. The board is simply a piece of plywood or lawanit cut slightly
larger than the aerial photos and covered with plastic overlay film secured on
three sides. The 4th side is left open for the convenience of changing photos by
slipping them in and out of the map board. Once secured in the photo map
board, boundary lines and other information can be drawn directly on the
overlay film or tracing paper. Either method is satisfactory. In this manner the
aerial photos will be protected during their use in the field.
(c) Original Parcellary Survey. - In the absence of engineering
controlled land survey maps and rectified aerial photograph, the Assessor
concerned shall conduct an original parcellary survey using any of the methods:
Compass and Tape Method; Transit and Stadia or Tape Method; and Plane
Table Survey Method.
The following preparatory steps shall be made before fieldwork:
(1) Organization of Surveying Team. The team is composed
of the following:
(i)
(ii)
(iii)
(iv)
(v)
(2)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
Transit or Compass
Engineer's Tape
Stadia
Two (2) Plumb Bobs
Fieldnote Books
Metric Scale
Basic drawing Instruments (Triangles, Protractor,
pencils, etc.)
(viii) Drawing Materials (Tracing Papers, ink, etc.)
(3) Procedure:
(a) Compass and Tape Method: A parcellary survey
may be undertaken by the use of a lensatic or any other compass
of similar quality and a tape. The compass and tape are used to
measure the direction and distance, respectively.
At each property corner of the lot, the bearing (angle)
toward the succeeding corner of the same property shall be taken
and recorded on the fieldnote. The distance from the occupied
corner to the sighted corner will then be measured by the tape and
properly recorded. The direction of lines is measured by a compass
showing the angle in degrees of the line with respect to the
meridian (north-south line) is called bearings. These bearings are
measured from North or South and towards the east or west.
Bearings are written in abbreviated form by the meridian direction
(north or south) and the angle of the measured line to either the
west or east, like N 55E which means that the line is 55 east if the
direction measured is from north or simply directly northeast. The
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53
1:100 to 1:2000
1:1000 to 1:10,000
1:4000 to 1:50,000
PRE-FIELD OPERATIONS
- The first step in the Pre- field operation is the preparation of base map as
earlier discussed. It is important that cadastral maps and all engineering controlled
maps are secured from the Department of Environment and Natural Resources/Land
Management Bureau (DENR/LMB) or from other government agencies concerned.
1. PREPARATION OF PRE-TAX MAP CONTROL ROLL - Upon receipt
of the duly prepared FAAS from the Records Management Division, the staff of the
Tax Mapping Division, shall start to prepare the Pre-Tax Map Control Roll. The
necessary data contained in the FAAS shall be tabulated in the said control roll in
numerical order of the temporary PIN. These roll facilitates the control of FAAS in
the field as well as supplying the field crew with a systematic method of accounting
for selected information. It also serves as checklist in determining the extent of
coverage by the tax mapping field crew.
2. PRELIMINARY TIE-UP OF FAAS AND PARCELS ON BASE
MAPS.- The success of the field operation, and the tax mapping as a whole is
largely dependent upon an initial attempt to link office records and the
corresponding parcels in the base map prior to actual field property identification.
The procedure is called the preliminary tie-up. To accomplish such process, the
inputs required are the Pre-Tax Mapping Control Roll and the base map of the
municipality or of the individual barangays and, if available, the list of claimants
which can be secured from the Land Management Bureau. By reference to the
survey lot number, the necessary information for each FAAS reflected in the PreTMCR, a set of information is transferred to the base map. This information
includes the name of the declarant, area as declared, a notation T for titled properties
in blue ink and the 4-digit temporary property index number in red ink. Data from
55
the claimants list may serve as an aid for purposes of validation and/or
reconciliation as to the name of the claimant and the area.
One of the important features of the Preliminary Tie-Up is the use of a
technique in identifying FAAS (in the Pre-TMCR), which have been linked with the
corresponding parcels. For a one-to-one correspondence of parcel and FAAS, i.e.,
one FAAS for one lot, a check mark on the left side of the temporary PIN of the PreTMCR and a check mark in the base map parcel is used to signify the Office Tie-Up.
This means that the ownership will just have to be verified during the field
operation. If the tie-up in the Office is confirmed in the field thru an interview, then
a second check should be marked on the right side of the temporary PIN of the
control roll used.
It is always possible that not all prepared FAAS could be tied-up with the
parcels in the base map. This requires actual verification in the field. Chances are
that several parcels on the base maps may not be covered by tax declarations hence
undeclared by the owners. As such, a new FAAS for each of this parcel shall be
prepared on the field after identifying the property.
3. PREPARATION OF WORK PLAN AND SCHEDULE - In order to
attain a maximum output and efficiency, a fieldwork program shall be prepared.
The Chief of the Tax Mapping Division together with the team leaders should
prepare the fieldwork program and schedule. The work program should include
points of orientation, routes to be taken the number of parcels to be covered in a
given period and the time for returning to the field headquarters in the evening. The
Chief Tax Mapper who should accompany one crew daily on an alternate basis can
give supplementary instructions. Supplementary instructions can likewise be given
at the headquarters during evenings when all members of the field crews have
assembled.
1. Pre-Field Operation Activities:
a) Organization of Tax Mapping Teams
1. Data Gatherer/Tax Mapper
2. Tax Mapping Aide
3. Barangay Guide
b) Training of Tax Mapping Team
c) Procurement of Cadastral Map and list of lot claimants
d) Preparation of Base Maps from:
1. Engineering Controlled Survey
2. Aerial Photography
3. Topographic Maps
4. Road Network Maps
e) Gathering, Classifying and Compilation of property records such as:
1. Titles
2. Sketch plan
3. List of lot claimants
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f)
g)
h)
i)
j)
k)
l)
m)
n)
o)
p)
q)
Guides who are not needed immediately can return to their barangay
and begin an independent informal survey to facilitate and expedite the
property identification operation in their respective barangays. Guides should
be impressed that the major purpose of the operation is to identify real
property parcels and their respective owners.
c) Final Briefing of Tax Mapping Team
1. Tax Mapper
Leads the team in all phases of the operation
Takes note of questions of boundaries and ownership of real
properties
Directs all Mapping and information gathering activities
Checks the Teams field accomplishment
Takes custody of the Pre-TMCR and the FAAS
Responsible for assigning Temporary PIN
Records all information necessary for appraisal and
assessment of all real properties
2. Tax Mapping Aide
Takes charge of the base maps
Records the necessary notation on the base maps (Temporary
PIN, Title (T) check marks for properties tied up)
Reflects partition or consolidation based from approved plan
from Bureau of Lands
3. Barangay Guide
Assists the team in identifying the ownership and property
boundary lines
Serves as liaison between the real property owners and the
Tax Mapping Team
d) Field Work Activities
1.
2.
3.
4.
5.
6.
7. Parcels on the base map should be properly assigned with the temporary
PIN in red ink. If properly identified and for pre-tie up parcels a check
mark is indicated meaning a complete tie up has been made and T in blue
ink should be reflected for titled parcels.
8. Determination of adjustment factors such as type of road outlets, distance
to all weather road, Poblacion, Market and Trading Centers
9. For mixed classification such as agricultural and residential, the area for
both should total the area reflected on the base map
10. For newly discovered land declared for the first time, a new FAAS
should be prepared with ten (10) years back taxes imposed from date of
discovery
11. Approved plan from the Bureau of Forestry with declaration that the land
is alienable and disposable
12. If the property has been occupied for less than 10 years, a barangay
captains certification should be presented with the affidavit of the
adjoining owners stating that such taxes shall take effect the year
following the occupancy
13. For Buildings:
Gather all data needed to come up with correct computation of market
value to determine the correct assessed value.
Other building plans should be secured if possible.
14. For Machineries:
Machine type
Number of machine
Brand name of machine
Year acquired/installed
Condition of machine
Replacement/Reproduction cost for old machine
e) GENERAL FIELD ACTIVITIES. - Whenever possible, field activity
should follow the work plan. However, depending on unforeseen
circumstances on field conditions, the tax mapping crew can make necessary
adjustments in the program. These changes should be recorded in the daily
production/accomplishment report sheet and should be reported to the Chief,
Tax Mapping Division, at the earliest convenience.
Although some specific techniques may vary between methods used,
there are some general procedures that will apply in all cases. The tax
mapping team must familiarize themselves with the base maps, aerial photos
or original surveys as starting point. Combined with the method of
inspection and measurement, the team will determine property boundary
lines and corners. This is done in close coordination with the owners or
occupants of the properties. The information gathered is verified from the
base map. Simultaneously, the team completes the pre-TMCR and the field
appraisal and assessment sheet (FAAS) by recording therein the necessary
information relative to the property under survey. This process is repeated
for every parcel. For newly discovered property, a FAAS shall be
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60
black ink. The tracing must follow a standard as to weight and types of
lines, symbols and lettering. Information inscribed on the tax map shows lot
lines which represents property ownership boundaries and intersection of lot
lines which represents property owners. That area bounded on all sides
represents a separate land ownership. This process is repeated until each
section has been completely drawn to cover an entire barangay. Joining
information should be recorded for the purpose of matching contiguous
sections.
c.
Standard Lines, Symbols and Lettering for Detail Tax Map. - Tax maps
are the foundation of the assessor's record system and provide the
description for the assessments of all parcels of real property for taxation
purposes. The maps therefore should be neat, consistent and uniform in all
designation. The standards and specifications are set in Annexes "D" and
"D-1".
1. The standard and uniform line designations shall be used for all
property lines and the standard set forth in the standard symbols shall be
consistently used.
2. The standard lettering guides such as the Leroy or Wrico shall
be used so that uniformity for the entire country map system can be
maintained.
62
contiguous to each other, such as lot 01 should adjoined to lot 02; or lot 02
has a common boundary line with lot 03. See Figures 9, 10, 11, and 12 for
illustration.
h. Inscription of Permanent PIN on FAAS.- After the permanent property
identification number has been assigned to each parcel, this number must be
inscribed on the appropriate space of the corresponding FAAS. Recording
of the permanent PIN on the FAAS completes the final tying together of the
official records with the real property in the field.
i. Drafting the Index Maps. - After the completion of the tax maps, index
maps shall be prepared. These maps are important because it facilitate ready
reference in locating the particular tax map for a city or municipality. It
also provides key identification and control of all lands within the province,
city or municipality as well as district and barangay. The order of
preparation of these maps is as follows:
(a) Section Index Maps - After tax maps have been prepared, section
index map of every barangay shall be prepared by consolidating all tax
maps comprise a barangay, showing therein the boundary lines of the
section with its corresponding index number which is numbered in
accordance with Section15 hereof. Inasmuch as the size of the index map
will be the same with that of the tax map, it is necessary that a larger scale
be used so that the same would fit in the standard size.
(b) Barangay Index Map - On the basis of the developed section
index maps, the Barangay Index Map is developed. The preparation of
which shall be made by consolidation of all section index maps to form a
map of the municipality, city district or city. This map shows the barangay
boundary lines of each barangay with its corresponding barangay index
number, which is numbered in accordance with Section 12 hereof. This map
shall be drawn in a standard map size.
(c) Municipal Index Map or City District Index Map - These maps
shall be prepared by consolidating the completed index maps in the
immediate preceding paragraph. This map shows the municipal boundary
lines of each municipality in the case of province, and district/barangay
boundary lines in the case of city or municipality of MMA, both with its
corresponding municipal/district/barangay index number. The map size
shall be the same with that of the tax map.
j. Post Tax Mapped Control Roll. - A Post Tax Mapped Control Roll
(TMCR) shall be prepared for every tax (section) map, based from the
information entered in the pre-tax mapping control roll duly accomplished
by the field crew during the field operation. The parcel entries are now
arranged consecutively by PIN entering parcel number 01 on the first line of
the control roll, unlike in the Pre-TMCR where the parcel entries are
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65
It be the first rule of the assessor's office that the tax map original should not leave the
office. Instead, prints should be made for any intended purpose.
For this reason, it is required that as each municipality or city that has been
completely tax mapped, at least two (2) complete sets/prints shall be made. In the
case of the province, at least three (3) complete sets/prints shall be made.
The set of tax map prints together with the post tax map control roll (TMCR)
covering the whole municipality or city shall be loose bound in book form arranged in
the following order:
(a) Municipality/District Index Map
(b) Followed by the Barangay Index Map of the Municipality/District
(c) Followed by Section Index Map of the first Barangay
(d) Followed by the Post Tax Map Control Roll of the 1st Section of the first
Barangay
(e) Followed by the Tax Map (1st Section) of the first Barangay
(f) Followed by the Post TMCR of 2nd Section
(g) Followed by the Tax Map (2nd Section) of the same Barangay
(h) The arrangement shall be made (steps d - g) up to the last section of
the last barangay in the municipality/city
The set of original tax maps (in transparency sheet) together with the original
TMCR shall be arranged in similar manner, in loose leaves and securely filed in a steel
map cabinet.
TAX MAP MAINTENANCE - The Tax Mapping Division has the
responsibility for the maintenance of the tax maps and for the preservation of the
integrity of the identification numbering system. Tax map maintenance is defined as
the technical revision of the tax map document, as differentiated from the care and
storage of tax maps which subject was covered in the previous section.
1. System Elements Affected by Change. - Any one or all of the
following assessment record forms may be affected by changes in (1)
ownership; (2) value; or (3) land area:
(a) Tax Map including Tax Map Control Roll
(b) Property Identification Number
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MISCELLANEOUS PROVISIONS
Tax Mapping Operations constitute the first of the several inter-related
operations that must be undertaken in order to install a Real Property Tax
Administration (RPTA) System. However, before the initial phase of tax mapping
operations can begin, it is necessary that certain pre-requisite conditions shall be
complied with and made in order to insure the success of the program.
(a) When a particular parcel in a tax map is subdivided into numerous lots
and if sketched therein becomes too small to reflect the required data and not
discernible, the subject subdivision shall be drawn on a separate section and the
parcels thereof shall be numbered accordingly. This section forms an additional tax
68
map of the barangay and shall be given a section number next to the last section in
the barangay.
Notation shall be made on the original parcel, as "See
Section(s)____".
(b) No enlargement of parcel shall be reflected within a duly prepared tax
map arising from subdivision, etc. To emphasize, the draftsmen should see to it that
the scale used should be convenient before the finalization of tax map.
(c) The revision of tax map(s) shall be made either after the year end or
during general revision of property assessments. Revision of tax map refers to the
assigning of new number of all parcels within an individual tax map, or section, or
barangay, or district.
In the case of revision for individual tax map, revision shall be allowed if
50% or more parcels in a particular tax map has been affected due to subdivision,
and apparently making the parcel numbers cluttered or no longer discernible.
(d) In case of real property whose owner is unknown, the name of the actual
occupant shall be indicated in the line provided for "Administrator", which should
be superimposed by the word "Occupant" including its address in order that any
notices regarding the said property shall be sent thru the occupant.
(e) As regards the extent of a road or an irrigation canal, which is yet owned
by the registered owner, traversing a parcel of land, the boundaries of which shall
be shown by a designated lines and the same shall be considered as a separate
parcel.
However, if the property owner insists in writing that the affected area be
recorded as part of the said parcel, the same should not be deducted from the area of
such land. Thus the same shall be an integral part of such land and still considered
as one parcel.
(f) When an easement, which restrict the use by the registered or declared
owner, is granted over or through a parcel of land and annotated in the title
certificate, the boundaries of which should be drawn in standard lines. Thus the
same should be considered as a separate parcel.
(g) Parcel of land traversed by barangay boundary line within a municipality
or city, the portion that has a bigger area will bear the PIN of the subject parcel of
land, provided, however, That annotation shall be made as illustrated hereunder:
Barangay
"A"
"B"
Area
5,000 sq.m.
3,000 sq.m.
Assessed Value
P1,000,000
600,000
(h) Two or more contiguous parcels of land owned by a single owner may
be considered as one parcel if the property owner thereof insists/requested in
69
writing to declare the same under one assessment for real property taxation
purposes.
(i) The extent of railroad track, which will be a closed figure, shall be
considered as one parcel of land in every tax map.
(k) Building that is standing on two or more lots will bear the PIN of the lot
where the bigger area of said building is located.
(l) The portions of a parcel of land that is traversed by a municipal or city
boundary line shall constitute separate parcels in its respective LGU.
(m) Adjacent boundaries such as section number, lot number and lines
within a municipality or city shall be indicated on the tax map and to be shown by
its standard designation and lettering.
(n) Adjoining local government units, its boundary lines and names, shall be
indicated in the tax map and to be shown by its standard designation and lettering.
(o) When the mineral rights to a parcel of land are in different ownership
with that of the surface right, the surface right shall possess the PIN of such parcel
of land, and the mineral right should bear the same PIN of the surface right and a
four (4) digit number (such as 3001) will be added to it.
Where the tax map is not yet installed in the LGU, the identification for real
property unit (RPU) should be done through the series of transactions, in a manner
wherein each RPU within the barangay in a municipality must be distinctly marked.
1. The marking shall correspond to the daily numbering of the transactions
known as the Assessment of Real Property Number ARP No. (Tax
Declaration No.) based on the following illustration.
In case of province:
01-000-00000
- refers to the 1st municipality after all the municipalities in the province shall
have been arranged alphabetically and consequently numbered
chronologically .
000 - refers to the designated number of barangay which should also be arranged
alphabetically before they are numbered chronologically. However,
Barangay Poblacion should always be assigned the number 001 and
thereafter followed by the first barangay so arranged.
00000- refers to the series/numbers of daily transactions done consecutively until the
last transaction and shall again start with 00001 when a General Revision of
Assessment of Real Property (GRARP) shall be undertaken.
01
70
In case of city:
01-000-00000
01
refers to district number after all the districts within the city shall have been
assigned their respective number in pursuance of Section 3(b) hereof.
000 - refers to the designated number of barangay which should also be arranged
alphabetically before they are numbered chronologically. However, Barangay
Poblacion should always be assigned the number 001 and thereafter
followed by the first barangay so arranged.
00000 - refers to the series/numbers of daily transactions done consecutively until the
last transaction and shall again start with 00001 when a General Revision of
Assessment of Real Property (GRARP) shall be undertaken.
The entire office support operation as it relates to the real property tax
administration program must be specifically budgeted in order that needed items will
be on hand and ready for use when needed. Following are the items that will be
needed and for which the budget should make special provisions:
Drafting tables with adjustable tops
Drafting tables
Tracing tables
Large map tables
Desk and Chairs
Map filing cabinets
Filing cabinets
Light tables
Standard drafting and mapping instruments:
Drafting Machine
Pantograph
Planimeter
Scales (metric)
Drafting Sets (Pens, compasses, etc.)
Lettering sets
Triangles
T-squares
Straight Edge
Standard drafting and mapping supplies:
Tracing Paper
Drafting Film
Ink
Erasers
Etc.
71
b.
c.
d.
e.
f.
b.
73
Quitclaims
Sheriffs Deeds
Tax Deeds
Transfer between relative or interrelated companies;
Transfer involving non-residents or governmental
jurisdiction;
6. Foreclosures;
7. Deeds of donation
8. Deeds of Exchange
c.
d.
Sale No.
1
2
3
4
_Price_
Date of Sale
Comparison with
Property subject
of Appraisal____
P250/sq.m.
220
310
370
5 yrs. ago
4 yrs. ago
2 yrs. ago
1 yr ago
Closely comparable
Inferior
Superior
Closely comparable
Analysis:
A study of the patterns indicated that:
a. the sale prices of the closely comparable lots (Sale 1 &
Sale 5) increased from P250 to P360 in four (4) years;
b. Sale 2 tends to support Sale 1 as a fair price for that year;
c. Indications show that the fair market value of the lot under
appraisal is P360 per square meter;
74
Rule:
The general rule is that, the price of a closely comparable property
sold at the most recent date is the one reflective of the market value of
the property subject to appraisal.
d. Abstraction Method
Sales transaction sometime covered both land and
improvement, say lot and building; building and machinery,
etc. In this case, the value of the land or the improvement can
be derived by deducting the value of the improvement to
determine the value of the land or vice versa.
Example:
A house and a 300 square meter lot were sold at a total
price of P150,000.
1.
To determine the value of the lot, the
value of the building may be determined by the cost
approach, then deduct the same from the total price. If
the replacement cost of the building referred above is
P100,000, the value of the lot is P50,000 (150,000
minus P100,000);
2.
To determine the value of the building,
the value of the land may be determined by the sales
value of closely comparative land, preferably
adjoining land, then deduct the same kind has been
recently sold at P165 per square meter, then the value
of the building is P100,500 (150,000 minus 300 x
P165).
75
1. Steps involved in translating the net income Projection into a value indication (AIREA,
The Appraisal of Real Estate)
a. Estimate potential gross income;
b. Estimate and deduct a vacancy and collection loss allowance to derive effective
gross income;
c. Estimate and deduct expenses of operation to derive net operating income (net
income before recapture);
d. Estimates remaining economic life of the duration and pattern of the projection
income stream;
e. Select an applicable capitalization method and technique;
f. Develop the appropriate rate or rates;
g. Complete the necessary computations to derive an economic value indication by the
income approach.
3.
Capitalization Process
a. Capitalization defined
Capitalization is the mathematical process which translates or converts net
income into an indication of value.
b. The formula to derive capital value may be expressed:
I
V=
Where:
R
V Value
I Net Income
Before recapture
R Capitalization rate
76
Illustrations:
Example 1: A 300 square meter commercial lot is rented at P5,000 a month .
Determine its present value.
Solution:
1. Gross Income (P500 x 12)
2. Less Expenses
3. Net Income
4. Divided by Capitalization Rate
5. Lot Value
6. Divided by Lot Area
7. Lot Value per square meter
= P 60,000.00
=
00.00
=
60,000.00
=
0.13
= 46,153.46
=
300
= P 1,538.46
Capitalization Rate:
Interest rate prevailing in the area
Tax based on Market Value
(2% x 50%)
Example 2:
12%
1%
13%
=P
90,000.00
=P
20,520.00
= P21,600
=
1,080
= 1,170
= 1,440
= 1,926
77
P
=
=
=
=
=.P
18,162.00
2,358.00
0.126
18,714.28
200
93..52
Capitalization rate:
Interest rate prevailing in the area
Tax based on market vale
Of land (2% x 30%)
12%
.6%
________
12.6%
=
=
=
=
=
78
__
__
12%
1.5%
13.5%
__
__
__
12%
2.1%
2.5%
=========
16.6%
Capitalization rate:
Interest rate prevailing in the area
Tax Based on Market Value (3%x70%)
Depreciation (1/40)
Example 4. (Riceland):
In leasehold agreement, the sharing of rice production, are 75% for the tenant
and 25% for the landlord, all expenses charged to the tenant except taxes.
Determine the value of a 2nd class unirrigated riceland:
Solution:
1. Under Assessment Regulations No. 7-77 dated July 26, 1977 of the
Ministry of Finance, the productivity of a 2nd class unirrigated riceland ranges from
47 to 63 cavans of palay per hectare. The midpoint of the range is therefore 55.
2. The share of the landlord of the
production therefore (25% x 55)
13.75
5. Capitalized
Value per
Hectare
____ .8%
____ 12%
____
12.8%
P893.75
.128
79
P6,982.42, say
P6,980
=====
P893.75
80
Legal Basis:
1. Procedure for Approval and Effectivity of Tax Ordinances and Revenue
Measures. The procedure for approval of local tax ordinances and
revenue measurers shall be in accordance with the provisions of R.A. No.
7160: Provided, That public hearings shall be conducted for the purpose
prior to the enactment thereof: Provided, further, That any question on
the constitutionality or legality of tax ordinances or revenue measures
may be raised on appeal within thirty (30) days from the effectivity
thereof to the Secretary of Justice who shall render a decision within
sixty (60) days from the date of receipt of the appeal: Provided,
however, That such appeal shall not have the effect of suspending the
effectivity of the ordinance and the accrual and payment of tax, fee, or
charge levied therein: Provided, finally, That within thirty (30) days after
receipt of the decision or the lapse of the sixty-day period without the
Secretary of Justice acting upon the appeal, the aggrieved party may file
appropriate proceedings with a court of competent jurisdiction.
2. Publication of Tax Ordinance and Revenue Measures. (a) Within ten
(10) days after their approval, certified true copies of all provincial, city
and municipal tax ordinances or revenue measures shall be published in
full for three (3) consecutive days in a newspaper of local circulation:
Provided, however, Than in provinces, cities and municipalities where
there are no newspapers of local circulation, the same may be posted in at
least two (2) conspicuous and publicly accessible places.
B.
Technical Aspect:
1. A Schedule of Fair Market Values (SFMV) shall be prepared by the
Provincial, City or Municipal Assessors of the municipalities in
Metropolitan Manila for all classes of real properties within the local
government units concerned before a general revision of assessment is
conducted once every 3 years, reckoned from the first general revision
conducted pursuant to Section 219 of R.A. 7160.
2. In the case of Metro Manila, the Assessors of the district shall meet,
discuss and harmonize their respective schedules of market values.
3. The SFMV shall be prepared on the basis of standard approaches to value
such as market sales, cost or income value with consideration to data
gathered from mortgages, insurance, rentals and such other appraisal
information available to the assessors and evaluated in the prescribed
forms.
81
the property in the name of the defaulting owner, if known, or against an unknown owner,
as the case may be, and shall assess the property for taxation in accordance with the
provision of this Title.
COMPUTATION OF VALUE
DESCRIPTION
Orchard
AREA
10,000 sq.m.
10,000
10,000
ASSESSMENT LEVEL
40%
40%
40%
SFMV
P20.00
50.00
110.00
ASSESSED VALUE
P80,000.00
P200,000.00
P440,000.00
83
MARKET VALUE
P 200,000.00
500,000.00
1,100,000.00
EFFECTIVITY
1991-1993
1994-1999
2000-2001
! Requirements for the appraisal of land declared for the first time:
1. For Untitled Property:
(a) A survey plan prepared by a duly licensed Geodetic Engineer
preferably approved by Land Management Bureau of the Department
of Environment and Natural Resources (DENR);
(b) Certification from Community Environment and Natural Resources
Office (CENRO), stating among other things, that the land is within
alienable and disposable area;
(c) Affidavit of ownership and/or Sworn Statement of Market Value of
Real Property submitted by the owner/administrator; Affidavit that
the applicant is in long, continuous and notorious possession of the
property.
(d) Certification from the Barangay Captain that the declarant is the
present possessor and occupant of the land and the certification of the
Adjoining Owners duly sworn to by the Barangay Captain and/or the
Municipal Mayor;
(e) Ocular inspection/investigation report by the assessor or his
authorized representative;
(f) In cases of newly discovered land wherein the possessor/occupant
whose rights can not be established, the foregoing requirements under
(a) to (e) hereof, shall likewise apply;
(g) In case of lands of the public domain occupied and possessed by
National Cultural Communities prior to July 4, 1955, a certification
from a government agency in charge of cultural communities,
National Commission for Indigenous Peoples (NCIP) or other
government agency, shall be submitted.
(h) An untitled property being claimed by two or more persons whether
natural or juridical should be issued two or more assessment of real
property.
2. For Titled Property:
(a) Certified true copy of free patent, homestead or miscellaneous sales
must be submitted;
(b) Certified true copy of the title issued by the Registry of Deeds,
certifying among others, that the original copy of which is intact and
existing in the said registry.
84
Urban Lands
Generally, market values of urban lands are enhanced by their
proximity to commercial and government center, educational and
religious institutions, highways and availability of water, electricity,
telephone system and transportation facilities, as well as accessibility to
good roads and avenues
Residential lands are valuable if they are accessible to
employment opportunities and shopping, recreational, educational and
cultural centers. Value of commercial lands depends upon their access to
suitable markets, while industrial lands are valuable if accessible to
source of raw materials, roads, ports, electric power and labor.
On the basis of these influences on value, residential, commercial,
and industrial lands located within the contiguous urban areas of the city
or municipality, may then be sub-classified into first, second, third or
more classes, and schedule of base unit market value per square meter
shall be determined and fixed for each sub-class. The number of subclasses for each class of the urban lands shall be left to the discretion of
the provincial and city assessor, and the municipal assessors of the
municipalities within the Metropolitan Manila Area depending upon the
existing variations of value factors in such land. The criteria established
herein, may vary or be modified to suite the actual physical
developments and conditions obtaining in a city or municipality.
However, lots located in the populous centers of barangays
separate from the contiguous areas defined hereof may not be subclassified in accordance with the criteria herein referred to. A schedule
of barangay street unit land value shall be established independently on
the basis of the sales value as well as opinions on declared values of
representative lots therein
(1) Lands actually and principally used for residential, agricultural,
commercial or industrial or mineral purposes shall be classified and
valued according to the schedule of unit base market values and
assessed at their corresponding levels of assessment, which shall be
fixed thru an ordinance by the Sanggunian concerned.
(2) Lands located in areas of mixed land uses In an area of mixed land
uses, such as residential with commercial or industrial, the
predominant use of the lands in that area shall govern the
85
86
(9) If those lands actually, directly and exclusively used for religious,
charitable or educational purposes are, however, located in an area of
mixed land uses, such residential with commercial or industrial, the
predominant use of the lands in that area shall govern the
classification, valuation and assessment of those lands used for
religious, charitable or educational purposes.
! Rules for Computing Values of Urban Lands:
(a) The value of rectangular lots shall be computed as follows:
(1)
(2)
(3)
(4)
(2)
(c) Trapezoidal Lot. To find the value of a trapezoidal lot, compute the
values of the rectangular and triangular portions separately, according to
the rules hereof and take the sum of the computed values for the total
value.
(d) Irregular Lot. Reduce the irregular lot to the nearest equivalent
rectangular, triangular, trapezoidal sector and apply the abovestated rules
for computation of lot values.
87
(e) The established SFMV along a particular street in an urban area shall be
controlling irrespective of the actual use.
ILLUSTRATION:
Residential Land-SFMV - P1,500.00 per square meter
Land Dimension: Width 10 meters
Length
20 meters
Area
200 square meter
SFMV
P1,500.00/square meter
Market value
P3,000,000.00
Assessment Level
- 20%
Assessed Value
- P60,000.00
ILLUSTRATION:
Commercial Land SFMV - P500.00 per square meter
Land Dimension: Width - 10 meters
Length - 20 meters
Area
- 200 square meter
SFMV - P1,500.00/square meter
Market value - P3,000,000.00
Assessment Level
- 50%
Assessed Value
- P150,000.00
All Assessment Levels used herein are in accordance with the
statutory provisions of R.A. 7160 which may vary in accordance with the
local tax ordinance as specifically mentioned under the foregoing Section
1(6) hereof.
(f) Appraisal by Stripping Method shall be adopted where the length of the
land exceeds the established depth of 20 meters for residential areas, 30
meters for commercial areas, and 50 meters for industrial areas as
determined by the local assessor.
Suppose a residential lot 20 by 50
meters is located along a street whose schedule of base unit value is
P20.00 and the standard depth for residential land in the locality is 20
meters.
Strip
1
2
3
Unit
Value
%
Value
Adj.
UV
P20.00
100%
80%
60%
P20.00
16.00
12.00
Area
(sq.m.
)
400
400
200
88
(Width
Depth)
20x20
20x20
20x10
Value
X
P8,000.00
6,400.00
2,400.00
P16,800.00
ILLUSTRATION:
Class of Land
- Commercial
Established Standard Depth - 30 meters
Established Strip
2 strips
Applied percentage of SFMV per Strip
1st Strip
100%
2nd Strip
80%
Land Dimension: Width
Length
SFMV
20 meters
55 meters
P1,5000.00 per square meter
1) Recomputed
STRIP
1ST
W
20
2nd
20
TOTAL
L
3
0
2
5
TOTAL
AREA
600
SFMV
X P1,500 (100%)
500
X P1,500 (80%)
1,100 sq.m.
MARKET VALUE
P 900,000.00
600,000.00
P1,500,000.00
89
A.2
Agricultural Lands
The base unit market value per hectare prescribed in the schedule
is multiplied by the area to arrive at its market value for different subclasses of agricultural lands. No provision in R.A.7160 for trees and
plants and it is the kind of plants and trees that determine the
classification and value of agricultural land. The aggregate value arrived
at is subject to the applicable adjustment(s) expressed in percentage(s)
for: (a) Type of road where the property is located or accessible, and (b)
location of property such as distance from the public road, and from the
poblacion or trading center.
The computation of values begins with the determination of
area(s) and productivity of the sub-classes of land or each sub-class
within a parcel of land. In the case of a parcel of land utilized to various
sub-classes, that is, rice, corn, coconut, etc. (if practicable, the boundaries
of such sub-class be plotted or sketched on the map) and the
corresponding area thereof shall be determined. Each area so derived at
(check if it tallies against the total area of the lot) be multiplied by the
applicable base unit market value. The resulting values for each sub-class
so derived at are summed up to obtain the total base market value of the
parcel. To arrive at a final value, the total base market value is modified
by applying the adjusted percentage value, which is the difference of
100% (base market value) and total percentage adjustment for type of
road serving the parcel and location of the property.
% Adjustment
--------- No Deduction
--------- 3% Deduction
--------- 6% Deduction
--------- 9% Deduction
Trading Center/Poblacion
0
-2%
-4%
-6%
-8%
90
Market Value
Adjustments:
a) along no road frontage
b) kms from all weather road
c) kms to trading center
Total Percentage Adjustment
% of Adjustment of Unit Value
Adjusted Unit Value
Area
Market Value
Assessment Level
Percentage
Adjustment
SFMV
100%
P150,000.00
-9%
-4%
-2%
-15%
85%
P127,500.00
5 hectares
P637,500.00
40%
91
Subdivision Lands
Requirements:
(a) Duly approved subdivision plan by the Land Management Bureau
(LMB);
(b) A copy of the authority to sell from the Housing and Land Use
Regulatory Board (HLURB);
(c) Certified true copies of the Transfer Certificate of Title (TCT) and/or
summary of Certified List of individual TCTs issued indicating the
TCT Number, Name of Owner, Lot Number and corresponding area;
(d) Certificate of real property and transfer clearance issued and signed
by the Provincial, City or Municipal Treasurer/authorized
representative; and
(e) Sworn Statement/Declaration of Current Market Value by the
owner/administrator.
(f) Approval of the subdivision project by the Local Sanggunian.
A.4
92
Golf Courses
Procedures in the Appraisal of Golf Courses Course development follows a reasonably well-established
pattern including:
A.
B.
C.
D.
E.
F.
G.
Land Acquisition
Water Supply Provision
Route Planning and Surveying
Grading and Shaping
Installation of Irrigation and Drainage System
Seeding and Landscaping
Slope Rating
PER HOLE
5M
3M
2M
Flat course
Gently sloping course
Hilly courses
93
Per Hole
P 500,000
700,000
900,000
% of weight
25
20
10
10
10
10
5
5
5
100%
8
7
6
7
8
3
10
Weight
25
20
10
10
10
10
5
5
5
100%
Weighted Score
25 x 0.70 =
17.5
20 x 0.90 =
18.0
10 x 0.80 =
8.0
10 x 0.70 =
7.0
10 x 0.60 =
6.0
10 x 0.70 =
7.0
5 x 0.80 =
4.0
5 x 0.30 =
1.5
5 x 1.00 =
5.0
75.0%
Memorial Parks
(a) Land converted into other uses, e.g. agricultural to residential, residential to
commercial, made known to the assessor in writing by the owner shall be
inspected for confirmation of the actual condition/use of the property;
(b) A report of the actual condition of the property and the recommendation
thereof should be rendered either by the responsible personnel of the
Provincial Assessors Office or the Municipal Assessor not exceeding fifteen
(15) working days after inspection in accordance with the policy as may be
prescribed by the Provincial Assessor;
(c) Among others, the report may contain, tangible land improvement, e.g. land
leveling and compaction, construction of road networks, drainage and other
relevant land amenities;
(d) In all others cases, Local Finance Circular No. 3-92 dated September 11,
1992 and Local Finance Circular No. 1-98 dated December 15, 1998 shall be
controlling in reclassifying agricultural land to non-agricultural uses the
pertinent portions thereof is quoted hereunder: (Local Finance Circular No.
1-98 dated December 15, 1998 shall be controlling in reclassifying
agricultural land to non-agricultural uses, pertinent portions thereof is quoted
hereunder: x x x).
(e) Duly approved Zoning Ordinance.
B.
(b)
(c)
96
(d)
In case of two (2) storey building used both for residential and
commercial or industrial purposes, the same shall be classified and
valued in accordance with the Schedule of Basic Unit Construction Cost
and shall be assessed on the basis of the principal and predominant use of
the building.
Historical or vintage building the life span of which had surpassed the
estimated economic life shall be independently reassessed from the
ordinary course of the established procedures.
Bowling alleys shall be valued separately from the principal building but
its appraisal shall form part of the whole, except the machinery, which
shall be independently appraised and assessed.
B.1
97
STRONG MATERIALS:
A) First group wooden structural framings, flooring, walls and
G.I. roofing
B) First group wooden structural framings, flooring, walls on the
first floor, and tanguile walls on the second and G.I. roofing.
C) First group wooden posts, griders, girsts, window walls and
heads, apitong, floor joists and roof framing, tanguile floor
and sidings and G.I. roofing.
D) Third group wooden structural framings, floorings and
sidings, and G.I. roofing.
E) Same as D but structural members are sub-standard.
2. Mezzanine ..
3. Porch ...
4. Balcony ...
5. Garage .
6. Terrace:
Covered
Open ..
7. Roof Deck:
Penthouse ..
99
8. Basement:
Residential .. 100% of Base Unit Value plus
additional for finishings of
materials used.
High Rise-Bldg. plus 120% of Base Unit Value
plus additional for finishings
of materials used.
9. Pavement.
Tennis Court .. 300 360 per sq. meter
Concrete .
10 cm. thick .. 150 per sq. meter
15 cm. thick . 210 per sq. meter
20 cm. Thick 270 per sq. meter
Asphalt ..
1 course 140 per sq. meter
2 course 180 per sq. meter
3 course 240 per sq. meter
100
4,000
101
COMPUTATION OF VALUE:
DESCRIPTION
AREA
Master Bedroom
18.00
One Bedroom
12.00
2 Toilets & Baths
14.00
Family Hall
16.00
2nd Floor Total
60.00sq. m.
Add: Market Value
Ground Floor
TOTAL MARKET VALUE
Assessment Level
ASSESSED VALUE
UNIT
VALUE
Php 4,000.00
Php 4,000.00
Php 4,000.00
Php 4,000.00
Percentage
Adjustment
+ 20%
+ 20%
+ 10%
+ 20%
ADJUSTMENT
MARKET
VALUE
Php 86,400.00
57,600.00
61,600.00
76,800.00
Php282,400.00
432,000.00
Php714,400.00
25%
Php178,600.00
NOTE :
For three or more storeys, the same procedures in valuation shall apply,
provided that when the materials and amenities differ including but not limited to
quality and design of fixtures, etc., appropriate adjustments either plus or minus
percentage on the basic SFMV have to be made.
C.
A duplex, apartment/row houses shall be valued per unit and the aggregate
appraisal shall be indicated as the value of whole, whether the structural
design, materials used differs or typical for proper identification, reference
and adjustment in case of segregation of the units.
ILLUSTRATION :
A Two-storey duplex with typical semi-concrete for ground floor, 1st floor
cement flooring with vinyl tiles, 2nd floor colored cement, G.I. roofing, etc.
Dimension: Unit A
Width
Length
Toilet & Bath
Open Patio
4.00 meters
8.00 meters
6.00 meters
6.00 meters
Type IV Building
Basic SFMV - (1st Flr.) Php5,800.00 per square meter
Basic SFMV - (2nd Flr.) Php4,500.00 per square meter
Add on:
- 5% on basic SFMV for vinyl tiles
102
COMPUTATION OF VALUE:
DESCRIPTION
AREA
UNIT VALUE
PERCENTAGE ADJUSTMENT
ADJUSTMENT
MARKET
VALUE
1st Floor
32.00
Php5,800.00
Toilet & Bath
6.00
Php 5,800.00
Open Patio
6.00
Php 2,000.00
1st Floor Market Value
+ 5%
Php194,880.00
34,800.00
12,000.00
Php241,680.00
Add:
2nd Floor
32.00
Php4,500.00
Market Value Unit A
Add: Market Value Unit B
TOTAL MARKET VALUE
Assessed Level
ASSESSED VALUE
Say
Php144,000.00
Php385,680.00
385,680.00
Php771,360.00
39%
Php231,408.00
Php231,410.00
ILLUSTRATION :
A building with three or more fix adjoining units, e.g. apartment, row houses
or town houses shall be valued similar with the valuation of a duplex. Differences in
SFMV that maybe attributed due to Type, structural design, quality of materials used
and other fixtures inside and outside the building.
Assume that in Illustration 15.1, the identical/replica units are four instead of
two, the valuation would be:
Unit A Market Value
Unit B Market Value
Unit C Market Value
Unit D Market Value
(or Php385,680.00 x 4 units) Market Value
Assessment Level
ASSESSED VALUE
B.2
-P
385,680.00
385,680.00
385,680.00
385,680.00
- Php2,742,720.00
40%
- Php1,097,088.00
(4)
(5)
104
B.3
ILLUSTRATION:
A 10 storeys Commercial building owned by a Corporation erected on a 1,000
square meter parcel of land.
Building Dimension: Width 20 meters
Length 30 meters
10-Storey Building
Basement Gross Area
600 square meters
Open Parking Area
400 square meters
Foundation
Reinforced Steel Concrete
Space for one elevator shafts 4.00 square meters
4.00 sq. meters x 4 elevators =
16.00 square meters
All Floors Reinforced Steel Concrete
Ground Floor Granite
Exterior Walls Reinforced Concrete w/ colored glass paneling
All Other amenities 1st Class
RECAPITULATION OF THE AREA & COMPUTATION OF VALUE:
Total Land Area
Building Ground Floor Area
Space for elevator shaft
DECRIPTION
AREA
Foundation
Basement
Ground Floor
2nd Floor
rd
3 to 10th Floor
600
584
584
584
UNIT
ADJUST
VALUE
-MENT
Php1,000
15,000
15,000
+ 2,000
15,000
+ 1,000
(replica of 2nd Floor)
NO. OF
UNITS
10
1
1
8
MARKET VALUE
Php6,000,000.00
8,760,000.00
9,928,000.00
9,344,000.00
74,752,000.00
Php108,784,000.00
2,000,000.00
Php110,784,000.00
80%
Php88,627,200.00
ILLUSTRATION:
Assume that the 10-storey building in the preceding illustration was
constructed under R.A. 4726, the Condominium Act Assume further that the ground
floor and 2nd floor were sold to a Corporation for its sole use, while the 3rd to 10th
floors are divided into ten (10) separate units, composing of 40.00 square meters
each. Common areas are provided from the ground floor up to 10th floor.
RECAPITULATION OF SEPARATE AND COMMON AREAS:
DESCRIPTION
SEPARATE UNIT
Ground Floor
4 Elevator shafts spaces
and alleys
Space for stairway
Alley to elevator
and Stairway
2nd Floor
4 Elevator shafts spaces
and alleys
Space for stairway
Alley to elevator
and Stairway
TOTAL AREA
3RD Floor
4 Elevator shafts spaces
and alleys
Space for stairway
Hallways, terrace, etc.
TOTAL AREA
DESIGNATED
FLOOR
3RD
4th
5th
6th
7th
8th
9th
10th
TOTAL
COMMON AREA
NO. OF UNITS
TOTAL AREA
SEPARATE UNIT
TOTAL COMMON
AREA
10
10
10
10
10
10
10
10
80
106
NOTE:
Depending upon the enabling or master deed of the Condominium project, each
separate unit should be appraised independently, whether or not the Condominium
Certificate of Title is in the name of the corporation or individual person.
Each separate unit shall have the same Unit Base Value. Number of rooms, toilet
and bath and other internal amenities are important factors to consider for higher
valuation.
The common area in the building should be appraised and assessed in the name of
the Condominium Corporation or Association.
Town house shall also be appraised and assessed in accordance with the abovementioned provisions on condominiums.
The capital equipment such as machinery, elevators, water pumps and tanks of the
condominium project shall be listed and assessed aggregately in the name of the
Condominium Corporation or Association.
Parking Spaces not sold to respective unit owners in the building shall be considered
as common areas, assessed and declared in the name of the developer-owner or
Condominium Corporation or Association of the condominium building for taxation
purposes.
B.4
(b)
(c)
107
ILLUSTRATION:
Physical Depreciation (Wear and Tear) Straight Line Method
Assume the building (house) in Illustration 16.1 was constructed in 1994.
Only minor repair made
Estimated Economic Life
25 years
New SBUCC for 2000
Php6,000.00 per sq. m.
COMPUTATION OF VALUE
DESCRIPTION
Two-Bedrooms
Living Room
Dining & Kitchen
Toilet & Bath
Open Terrace &
Carport
Total
Reproduction
Cost New
Less:
Depreciation
(6/25=24%)
Market Value (Rev.)
Assessment Level
AREA
(SQ. M.)
UNIT VALUE
18.00
16.00
17.00
9.00
Php6,000.00
6,000.00
6,000.00
6,000.00
30.00
3,000.00
PECENTAGE
ADJUSTMENT
+ 20%
+ 30%
+ 30%
+ 10%
ADJUSTED
MARKET
VALUE
Php29,600.00
124,8000.00
132,600.00
59,400.00
Php446,400.00
90,000.00
Php536,400.00
128,736.00
407,664.00
20%
81,532.00
Php81,530.00
ASSESSED VALUE
(d)
(e)
(f)
108
B.5
1st 5yrs
2nd 5yrs
3rd 5yrs
4th 5yrs
AFTER
20 YRS
RESID
UAL
VALUE
Schedule of Depreciation:
I-A
I-B
I-C
II-A
II-B
II-C
3.0%
2.5%
2.5%
2.0%
2.0%
III-AB
4.0%
3.5%
3.0%
2.5%
2.0%
III-CD
4.0%
3.6%
3.2%
3.0%
2.5%
1.8%
1.4%
1.2%
1.0%
1.0%
2.0%
1.8%
1.5%
1.2%
1.0%
2.2%
2.0%
1.7%
1.3%
1.1%
2.4%
2.2%
2.0%
1.7%
1.4%
2.6%
2.3%
2.2%
2.0%
1.6%
40.0%
40.0%
37.0%
35.0%
33.0%
IV
5.0%
4.0%
3.4%
3.0%
3.0%
30.0%
28.0%
20.0%
15.0%
In the excess of the above rate of annual depreciation, bigger rate may be granted for
extra-ordinary causes, if properly presented and described as in the case of the following:
1)
2)
3)
4)
C.
109
FMV = AC x FERAC
WHERE:
AC = Acquisition Cost
FERAC = Foreign Exchange Rate at time of Acquisition
(5)
110
ILLUSTRATION:
Assume that in 1999, several pieces of machinery worth US200,
000.00 was installed in a factory building. Freight and insurance charges
were US20,000.00. Peso expenses for brokerage, arrastre and handling,
customs duties, etc., amounted to PhP2,000,000.00
Appraisal could be:
US200,000,00@49.15
=
Php 9,830,000.00
US20,000.00@49.15
=
983,000.00
Brokerage, arrastre, etc.
=
2,000,000.00
Market Value
=
Php12,813,000.00
Assessment Level
=
80%
ASSESSED VALUE
=
Php10,250,000.00
NOTE:
Indicated figures are rough estimates.
The declared value of the owner, subject to confirmation by the assessor, is
controlling.
(h)
FORMULA:
RCNLD=OC x FC2 / FC1 x REL / EL
Where:
RCNLD
OC
FC1
FC2
EL
REL
=
=
=
=
=
=
ILLUSTRATION :
Assume that a machinery from U.S.A. was acquired, installed and in
operation in February 1995 at total original cost of converted
P10,000,000.00. Reappraisal was made in December 1999 to take effect in
2000.
Dollar Exchange Rate at the time of operation P25.0282 to 1.00 dollar
Dollar Exchange Rate at the time of appraisal P40.6232 to 1.00 dollar
Estimated Economic Life 30 years
111
RCNLD
=
=
=
say
Assessment Level
ASSESSED VALUE
SAY
(5)
(6)
(i)
If the machinery has reached its maximum economic life, the 20% residual
value shall be applied against the last current Market Value determined during
the last general revision which shall be maintained for so long as the
machinery is serviceable and in operation.
(j)
Appraisal of Elevated Rail Track and Road shall be based on cost approach or
income approach whichever is applicable the total market value of which shall
be apportioned or pro-rated to the local government units they traverse.
(k)
Appraisal of Transmission Lines, Transmission Tower, Cell Sites and the likes
shall be assessed like all other machineries and taxes thereon paid in the local
government unit where they are constructed. Transmission lines including the
posts be assessed on the basis of its total value using the cost or income
approach and the total market value shall be apportioned or pro-rated to the
local government unit where these lines traverse.
(l)
Appraisal and assessment for submerged pipe lines for natural gas and water
shall be assessed on the basis of the cost or income approach, the total market
value thereof shall be apportioned or pro-rated to the local government unit
they traverse.
(m) Appraisal for Heavy Equipment being used and operated in Timberland area
and Mineral Land shall be assessed on the basis of the cost approach in the
local government unit where they operate. In cases where they operate in more
112
than one local government unit, the market value thereof shall be apportioned
or pro-rated among local government units.
(n)
(b)
Stripping of land beyond the established standard depth for a particular class
of property shall be adhered to;
(c)
For lands bounded by two parallel streets, the value of the last strip should
not be lower than the market value per square meter of the abutting street;
and
(d)
(e)
(f)
All assessments or re-assessments made after the first (1st) day of January of
any year shall take effect on the first (1st) day of January of the succeeding
year: Provided, however, That the reassessment 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 reassessment; Provided further, that real property declare 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 such taxes shall be computed on
the basis of the 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
113
C.
within the cemetery limits acquired for but not yet actually
used for the burial of the dead.
7. Nonprofit cemetery" is one owned and operated by the
government, by religious corporations, by associations and
societies exclusively for its members and not for profit.
In the case of memorial park, which is a privately
owned cemetery, developed and operated for profit and
considering that lots/plots within that park although sold
and used as burial grounds, are still part of a privatelyowned cemetery operated for profit, thus, shall be classified
as commercial. However, exempt shall apply on plot(s)
which is owned by a single person, actually occupied by the
dead person.
8. Exclusively used" means the primary or inherent use and
does not preclude such incidental uses as are directly
connected with, essential to, and in furtherance of the
primary use. To illustrate, the primary use of a building
may be for the purpose of a charitable or religious or
educational institution, so that the exemption is not wholly
or partly lost because on occasion the building or part of it
is used for social purposes or let out to others for
entertainment.
9.
C.
All machineries and equipment that are actually, directly and exclusively
used by local water districts and government-owned or controlled
corporations engaged in the supply and distribution of water and/or
generation and transmission of electric power
All real property owned by duly registered cooperative as provided for under
R.A. 6938.
117
RULE I
TITLE AND CONSTRUCTION
Section 1. Title These rules shall be known as the Rules of Procedure in the Local
Boards of Assessment Appeals.
The Local Board of Assessment Appeals shall mean any of the Boards of
Assessment Appeals in every province or city, including the municipalities comprising the
Metropolitan Manila Area. Whenever the term Local Board is used in any part of these
118
rules, it shall be held to mean the Provincial or City Board of Assessment Appeals or the
Municipal Board Assessment Appeals of any of the municipalities within the Metropolitan
Manila Area.
Section 2. Construction These rules shall be liberally construed in order to
promote their objectives and to assist the parties in obtaining just, expeditious and
inexpensive determination of every action relative to the assessment and collection of real
property taxes.
RULE II
LOCAL BOARDS OF ASSESSMENT APPEALS
RULE III
ROLE OF THE CENTRAL BOARD
119
Section 2. Submission of Monthly Reports The Local Board shall submit to the
Central Board a monthly report of accomplishment which shall state, among other, the
number of cases receive and disposed of, the assessed values involved, and all ocular
inspections conducted for evaluation, policy formulation, program coordination and
statistical purposes.
RULE IV
JURISDICTION OF LOCAL BOARDS
Section 1. Jurisdiction The Local Board shall have original jurisdiction to hear
and decide appeals of owners/administrators of real property from the action of the
Provincial or City Assessors, or the Municipal Assessors in the Metropolitan Manila Area,
in the assessment of their real properties, and from the action of the Provincial or City
Treasurers, or Municipal Treasurers in the Metropolitan Manila Area, regarding collection
of real property taxes, special levies, or other real property taxes under Title Two, Book II
of the R. A. No. 7160.
RULE V
APPEAL TO THE LOCAL BOARD
Section 1. Who May Appeal Any owner or administrator of real property, or any
person having legal interest therein, who is not satisfied with the action of the provincial,
city or municipal assessor in the assessment of his property may appeal to the Local Board
of Assessment Appeals of the province, city, or municipality with the Metropolitan Manila
Area, where the property is located. A real property taxpayer who is aggrieved by the
decision, action or inaction of the provincial, city or municipal treasurer over excessive
realty tax paid under protest, or on claim for refund of illegally or erroneously collected real
property tax, including special levies on real property, may likewise appeal to the Local
Board as provided in the Rule.
Section 2. Period of Appeal (a) The owner, administrator or person who is not
satisfied with the assessment of his property may, within sixty (60) days from the date of
receipt of the written notice of assessment, appeal to the Local Board concerned.
(b) Any real property taxpayer who is aggrieved by the decision, action or inaction of the
provincial or city treasurer, or municipal treasurer within the Metropolitan Manila Area,
on his written claim for refund or credit may appeal to the Local Board concerned as
follows:
1. If, within sixty (60) days from the date or receipt by the treasurer
concerned of the written claim for refund or credit for tax paid under
120
protest the treasurer concerned fails to make any decision thereon, the
appeals may be made within sixty (60) days from the date of receipt by
the treasurer concerned of the said written claim for refund or credit; or
2. If, within sixty (60) days from the date of receipt by treasurer concerned
of the written claim for refund or credit for tax paid under protest the
treasurer concerned denies the said claim, the appeal may be made
within sixty (60) days from the date of receipt by the taxpayer concerned
of the said treasurers decision denying the said claim.
Section 3. Parties in the Local Board. The real property owner or person
making the appeal shall be called the Petitioner and the Provincial or City Assessor or
Treasurer, or the Municipal Assessor or Treasurer within the Metropolitan Manila Area,
shall be called the Respondent.
Section 4. What may be appealed. Any action of the Provincial, City or
Municipal Assessor in the assessment of real property, and any action or inaction of the
Provincial or City Treasurer, or Municipal Treasurer, on taxpayers claim for refund of
taxes paid under protest, or on claims for reduction or adjustment of taxes paid or for tax
credits on illegally or erroneously collected realty taxes and such other real property taxes
or special levies under Title Two, Book II of Republic Act No. 7160, may be appealed to
the Local Board concerned.
Section 5. Requisites of Appeal The appeal shall be effected by filing, within
the reglementary period, with the Local Board concerned a petition under oath which shall
state the action of the provincial, city or municipal assessor or treasurer appealed from the
grounds relied upon, the arguments in support thereof, and the date the petitioner received
the written notice of assessment or revised assessment or tax declaration with a written
notice of assessment, and, in the case of an appeal from the action or inaction of the
treasurer, the date when the petitioner received the decision of the treasurer denying the
claim or protest, or the date the treasurer received the protest in writing showing the lapse
of the 60-day period and without any decision from the treasurer concerned having been
rendered. The appeal shall be filed in three (3) legible and typewritten copies, accompanied
by three (3) copies of the written protest and decision of the treasurer concerned, or such
other documents showing the lapse of the 60-day period without any decision from the
treasurer concerned, and such affidavits or other documents in support of the appeal.
For this purpose, the Secretary of the Local Board may assist the petitioner in filing
of the appeal for purposes of substantial compliance with the aforementioned requirements.
Section 6. Nature of Proceedings The proceedings before the Local Board shall
be conducted solely for the purpose of ascertaining the truth without necessarily adhering to
the technical rules applicable in judicial proceedings.
Section 7. Effect of Appeal on Collection of Taxes. An appeal shall not suspend
the collection of the corresponding realty taxes on the real property subject of the appeal as
assessed by the provincial, city or municipal assessor, without prejudice to subsequent
adjustment depending upon the outcome of the appeal. An appeal may be entertained but
121
the hearing thereof shall be deferred until the corresponding taxes due on the real property
subject of the appeal shall have been paid under protest or the petitioner shall have given a
surety bond, subject to the following conditions:
1. The amount of the bond must not be less than the total realty taxes and
penalties due as assessed by the assessor nor more than double said amount;
2. The bond must be accompanied by a certification from the Insurance
Commissioner (a) that the surety company is duly authorized to issue such
bond; (b) that the surety bond is approved by and registered with said
Commission; and (c) that the amount covered by the surety bond is within the
writing capacity of the surety company; and
3. The amount of the bond in excess of the surety companys writing capacity, if
any, must be covered by Reinsurance Binder, in which case, a certification to
this effect must likewise accompany the surety bond.
Section 8. Docket Upon receipt by the Local Board Secretary of the appeal, the
same shall be docketed and assigned a case number consecutively in the order or receipt.
Dokecting and other fees, which the Local Board may hereafter fix, shall be collected.
Thereafter, the parties shall place the case number on all other related pleadings which may
be filed.
Section 9. Quorum A majority of the members of the Local Board shall
constitute a quorum to decide any matter before said Board relative to its functions, and the
vote or concurrence of a majority of the members constituting a quorum shall be necessary
to promulgate a decision, order or resolution of the Local Board.
RULE VI
DECISION
Section 1. Period to decide The Local Board shall decide the appeal within one
hundred twenty (120) days from the date of receipt of such appeal. The Board, after
hearing, shall render its decision based on substantial evidence or such relevant evidence on
record as a reasonable mind might accept as adequate to support the conclusion.
Section 2. Service of Decision to Parties The Local Board Secretary shall
furnish the parties to a case each with a copy of the decision of the Local Board. Where the
parties are represented by counsel, service of the decision to partys counsel is deemed
proper service to the party.
Section 3. Revision of Assessment In the case the Provincial or City Assessor
concurs in the revision of the assessment, it shall be his duty to notify the petitioner of such
fact using the form prescribed for the purpose.
122
RULE VII
POWER AND DUTIES OF LOCAL BOARDS
Section 1. Powers In the exercise of its appellate jurisdiction, the Local Board
shall have the power to summon witnesses, administer oaths, take despositions, and issue
subpoena and subpoena duces tecum and conduct ocular inspections of the real properties in
question.
The Local Board may likewise prescribe filing, docketing, and other fees at such
rates or amounts as it may be deem just, proper and reasonable, consistent with the
expenses, such as office supplies and services, that its local government unit may incur to
serve the needs of every petitioner or appellant.
Section 2. Duties - The Local Board shall conduct hearings on all appealed cases
and render decisions thereon with the periods prescribed by law. It shall likewise inform
the Central Board of any new matter or issue not provided for in these rules, and submit to
the latter such reports or information as the Central Board may require from time to time.
RULE VIII
APPEALS TO THE CENTRAL BOARD
123
RULE I
TITLE AND CONSTRUCTION;
APPLICABILITY OF RULES OF COURT;
AND DEFINITION OF TERMS
Section 1. Title. These rules shall be known as the Rules of Procedure before the
Central Board of Assessment Appeals.
Section 2. Construction. These rules shall be liberally construed in order to
promote their objectives and to assist the parties in obtaining just, speedy and inexpensive
determination of every action relative to the real property assessment and collection of
realty tax pursuant to the Local Government Code and other related assessment laws.
Section 3. Suppletory Application of the Rules of Court. In the absence of any
applicable provision in these Rules, the pertinent provisions of the Revised Rules of Court
of the Philippines may be applied in a suppletory character and effect in all proceedings
before the Central Board of Assessment Appeals without strictly adhering to the technical
rules of evidence.
Section 4. Definition of Terms Whenever they appear in any part of these rules
and in decisions, orders, and resolutions, the term Central Board shall be held to mean the
Central Board of Assessment Appeals and the term Local Board shall be held to mean the
Boards of Assessment Appeals of every province or city, including the municipalities
within the Metropolitan Manila Area.
RULE II
CENTRAL BOARD OF ASSESSMENT APPEALS
Section 4. Conduct of Business. The Central Board may, on its own, conduct
hearings of any appealed cases on such date and at such time and place it may designate,
taking into consideration the interest of the parties concerned.
Section 5. Supervision over Local Boards. The Central Board shall have
supervision over the local boards and shall promulgate rules and regulations relative to their
proceedings.
RULE III
JURISDICTION OF THE CENTRAL BOARD
RULE IV
APPEAL
125
Section 4. Time to answer or comment. The appellee may, within ten (10) days
from and after receipt of the appeal, file his answer or comment thereto after service of a
copy of said answer/comment upon the appellant.
Section 5. Transmittal of Records and Appeal. Within ten (10) days from
receipt of the notice of appeal or from receipt of the notice from the Central Board to the
effect that an appeal has been filed, whichever comes first, the Local Board which rendered
the decision or order appealed from shall transmit to the Central Board the complete
original records of the case, together with transcripts of stenographic notes, if any. The
records, with pages duly numbered from the earliest document to the latest, shall be
accompanied by a certification to the effect that the same constitute the original and
complete records of the case involved.
Section 6. Docket and Docketimg Fee. Upon receipt of the appeal, the
Secretary of the Central Board shall docket and assign the same with a case number
consecutively in the order of receipt. Appeals coming from the Luzon area shall be
numbered L-___; those from Visayas area, V-____; and those from Mindanao area,
M-____. The parties shall place the case number so assigned on all subsequent pleadings
filed relative thereto.
No appeal before the Central Board shall be considered filed unless the
corresponding docketing fee, in legal tender or in postal money order made payable to the
Central Board, is paid. The docketing fee shall be based on the realty tax assessment
involved in the appeal: Provided, That, if the realty tax assessment involved cannot be
determined, the docketing fee shall be P500.00 per appeal, thus:
Tax Assessment Involved
Over
Not Over
P200,000.00
300,000.00
400,000.00
500,000.00
P200,000.00
300,000.00
400,000.00
500,000.00
Docket
Fee
Exempt
P100.00
150.00
300.00
500.00
Board of such withdrawal. No further proceedings shall be taken on the appeal, the
withdrawal having the same effect as that of dismissal of the appeal.
RULE V
DECISIONS, MOTIONS FOR RECONSIDERATION
Section 1. Period to decide; finality of decision. The Central Board shall decide
cases brought before it on appeal within twelve (12) months from the dates of receipt
thereof. A decision by the Central Board shall become final and executory fifteen (15) days
after receipt thereof by the appellant or appellee, as the case may be. If a petition for
reconsideration is filed on time, said decision, as may be modified by a resolution on such
petition, shall become final and executory fifteen (15) days after receipt by the appellant or
appellee, as the case may be, of a copy of said resolution.
Section 2. Decisions, orders and entry thereof. All decisions of the Central
Board determining the merits of the case brought before it on appeal shall be in writing and
signed by the members of said Board, stating clearly and distinctly the facts and the law on
which they are based, and filed with the Secretary of the Board.
As soon as it becomes final, the decision or order shall be entered in the Book of
Entries of Decisions with a notation on the dispositive portion of the decision or order. The
entry shall be signed by the Secretary of the Board that such decision or order has become
final and executory. Thereafter, the Secretary shall return the complete original records of
the case, together with a certified copy of the decision or order, to the Local Board
concerned.
Section 3. Petition for reconsideration. The Central Board shall, with like
jurisdiction, resolve petitions for reconsideration of its decisions, resolutions or orders. An
aggrieved party may file a motion for reconsideration within fifteen (15) days from the date
he receives the Central Boards decision, resolution or order sought to be reconsidered,
furnishing the adverse party with a copy of such motion: Provided, That only one petition
for reconsideration shall be entertained.
Section 4. Opposition. The adverse party may file his opposition to the motion
for reconsideration within ten (10) days from the date he receives a copy of the said motion.
Section 5. Action taken on motion for reconsideration. The motion for
reconsideration, as well as the opposition thereto, which shall embody all the arguments in
support thereof, shall be set by the Central Board Secretary for hearing on the next Motion
Day. Upon the expiration of the period set forth in the preceding section of this Rule
without any opposition having been filed, the motion for reconsideration shall be considered
submitted for resolution by the Central Board, unless the Board deems it necessary to hear
oral arguments, in which case, the Central Board shall issue the proper order.
RULE VI
127
Section 1. Parties in the Central Board. The owner of the property involved, or
the person having legal interest therein, shall be called the Petitioner-Appellant or
Petitioner-Appellee, as the case may be. The Local Board concerned shall always be
called the Appellee and the Assessor or Treasurer shall be called the RespondentAppellant or Respondent-Appellee, as the case may be.
Section 2. Size of Stationery. Appeals and other pleadings shall be typewritten,
double-spaced, on plain bond paper, 8 1/2 inches in width and 13 inches in length.
Section 3. Citations. Citations shall be indented at least one inch from the left
and right margins and shall be typed single-spaced.
Section 4. Number of Copies. Six (6) copies, including the original copy of the
appeal shall be filed.
RULE VII
HEARING OFFICERS
128
CHAPTER III
REAL PROPERTY ASSESSMENT RECORDS MANAGEMENT
INTRODUCTION:
This chapter shall govern the installation and maintenance of a real property
assessment records system in every local assessment jurisdiction for real property taxation
purposes; and shall cover the following subject matters:
(a) The records/forms prepared and maintained in an Assessors Office, whether
manual or automated;
(b) The procedures in, or manner of, preparing and maintaining these assessment
records/forms; and
(c) The unit in the assessors office, or the assessors office concerned as well as the
personnel responsible in preparing and maintaining the assessment
records/forms.
Objectives. - This aims to establish a uniform records system and ensure that a
systematic method of assessment is installed in every assessors office throughout
the country. More particularly, the objectives of this chapter are as follows:
(a) To systematize the existing real property records management system, which
would be the source of all information from manual to computerized records
system in the local assessors offices;
(b) To install and maintain a uniform real property assessment records system in the
offices of the provincial, city and municipal assessors.
(c) To provide the provincial, city or municipal treasurers with updated real property
assessment records of real properties within their respective jurisdictions from
which the latest records of real property tax collectibles can be generated.
A.
Type of copy
1 copy
original
130
1 copy
1 copy
1 copy
original
original
duplicate
131
a) Transaction Code:
Indicate the code of the transaction
necessitating the assessment or reassessment of the property which
may be any of the following:
RANK
1
3
4
5
7
8
9
TRANSACTION
CODE
Subdivision
Consolidation
Discovery/New Declaration
Reassessment due to Physical
Obsolescence.
Reassessment due to a dispute
in
Assessed
Value
or
assessment to correct an error
in the assessment of property
due to wrong information,
erroneous documents, etc.
Reassessment
due
to
destruction of the Property
(Partial)
Transfer/Segregation
Reclassification
General Revision
SD
CS
DC
PC
DP
DT
TR
RC
GR
132
In the case of street, river, etc. state the name of such street, road,
river, etc. bounding the subject property.
Sources of information:
-
136
Number of copies
Type of copy
2 copies
original
Duplicate
2 copies
original
duplicate
3 copies
original
duplicate
Triplicate
A tax declaration shall be prepared for every real property unit (RPU) in
the general revision of property assessment, and thereafter, as in the
following instances:
-
When the property is newly discovered and declared for the first
time.
When there is change in location.
When there is a change in area,
When there is a change in classification,
When there is a change in ownership, and
137
Manner of Filing
The TD shall be filed by barangay following the sequence of
ARPN/TDN.
a) No.: This refers to the number of the tax declaration that is, the
TDN/ARPN. In case of municipalities outside Metro Manila Area,
the Provincial Assessor shall have the sole authority to assign such
number.
b) Property Index no.: Indicate the PIN (Property Index No.) assigned to
the subject property.
c) Owner: Indicate the name of the owner of the property in the same
manner as in the FAAS, and mailing address.
d) Administrator/Beneficial User: Indicate the name of the
administrator, if any, as well as the mailing address.
e) Location of Property: Indicate the building number, if any, the name
of street, the name of barangay, municipality/district and province or
city.
f) OCT/TCT No.: Survey No.; and Block No.: Indicate, as far as
practicable, the Title number and the date of entry, the survey plan
no., lot no., and block number.
g) Boundaries: Indicate the appropriate description bounding the subject
property as appearing in the FAAS.
h) Kind of Property: Indicate the kind of real property such as land,
building or machinery.
i) Classification: Indicate the classification of the property (RACIMST)
as appearing in the FAAS.
j) Area: Indicate the area of the parcel of land or area of the building, as
the case may be, as appearing in the FAAS.
k) Market Value: Indicate the market value as appearing under Property
Assessment of the FAAS.
l) Actual Use: Indicate the actual use of the property (RACIMIST) as
appearing in the FAAS.
m) Assessment Level: Indicate the assessment level as appearing in the
FAAS.
n) Assessed Value: Indicate the assessed value as appearing in the
FAAS.
138
o) Total: Indicate the total market value and the total assessed value as
appearing in the FAAS.
p) Total Assessed Value: Indicate in words the amount of total assessed
value.
q) Taxable: Mark the appropriate Taxable box if the property is
taxable as indicated in the FAAS.
r) Exempt: Mark the appropriate Exempt box if the property is
exempt as indicated in the FAAS.
s) Effectivity of Assessment/Reassessment: Indicate the effectivity year
or quarter of the year, as appearing in the FAAS
t) Recommending Approval: The Municipal Assessor outside Metro
Manila Area; or the Assistant City Assessor, or the Assistant
Municipal Assessor within Metro Manila Area shall affix their
signature over their printed name, as the official recommending
approval of the assessment, or more particularly the tax declaration.
u) Approved By: The City Assessor, the Municipal Assessor in Metro
Manila or the Provincial Assessor shall approve and affix their
signature over their printed name. The Provincial Assessor, however,
may delegate such authority to the Municipal Assessor.
v) This declaration cancels TD No./ARP No.: Fill such space by
entering the TD No./ARP No. of the cancelled or superseded
assessment.
w) Memoranda: Enter the remarks as noted in the FAAS.
x) Note: Fill-in the blank spaces provided for as follows:
= Sangguniang _____: State the Panglunsod or Panlalawigan or Bayan
within Metro Manila Area that enacted the Property Tax Ordinance.
= Ordinance No. ________dated: State the number of the Real Property
Tax Ordinance and the date the ordinance was enacted by the
Sanggunian concerned.
(B) Tax Map Control Roll (TMRC) (Attachment 5)
Purpose of form:
139
Manner of Filing:
140
f) Land: Fill in the appropriate columns which are headed from, left
to right, and described as follows:
- Title No.: State the number of certificate of title either original
or transfer on the first line for the initial entry. The other 4
lines are used for updating. If Title No. changed, simply enter
the new TCT No. I the next empty line.
- Area: State in hectare as 0.02970 for agricultural and
mineral/timber lands, and square meters as 2, 970 for
residential, commercial or industrial.
- Class Code: State the classification code such as R for
residential, A for Agricultural, etc. on the first line for the
initial entry. If reclassified, enter the new classification in the
next empty line.
g) Name of Owner: State the complete name of owner, surname first
followed by the given name, then middle initial on the first line
for the initial entry. If ownership changed on the same property,
enter the name of the new owner in the next empty line.
h) ARP No.: State the assigned Assessment of Real Property
Number of the subject property on the first line for the initial
entry.
i) TD No.: Enter the tax Declaration No. In line with the respective
ARPN.
j) Improvements:
- Buildings/Structures: State the number of building/structures
that are erected on the lot
- Machinery: Indicate b a x mark (x) if machinery has been
installed in the building.
- Others: State the kind of improvement other than building or
machinery found on the lot.
k) Remarks: State the explanatory remarks concerning any unusual
acts or circumstances, i.e., subdivided, duplicate, etc. pertaining
to the subject property.
B.
The Non-Technical Real Property Assessment Records. The nontechnical records are secondary real property assessment records/forms and
shall be the following:
(a) Assessment Roll (AR) (For Taxable Properties); (Attachment 7)
141
Number of copies to be prepared and the office where they are filed
Number of Copies
Type of Copy
2 copies
original
duplicate
Original
Duplicate
142
4 copies
original
duplicate
triplicate
quadruplicate
Manner of Filing:
- Kind: Enter the Kind Code as noted in the FAAS such as L for
land, B for building and M for machinery.
- Assessed value: Enter the assessed value as noted in the FAAS
under Property Assessment.
- Classification: Enter the Classification Code of the property, i.e. R
for residential, etc. (RACIMST).
- Assessed value: Enter the assessed value as noted in the FAAS
under Property Assessment.
- Previous ARPN: Enter the superseded ARPN as noted in the
Reference and Posting Summary.
- Previous TDN: Enter the superseded TDN as noted in the
Reference and Posting Summary.
- Effectivity: Enter the year or quarter in which the assessment take
effect as noted in the Property Assessment.
b) Tax Roll (to be accomplished by the Treasurer)
- Tax Rate: State the rate of the tax for the locality as fixed in the
ordinance.
- Tax Due: State the amount of tax to be collected (Assessed Value
times Tax Rate).
- NATB No.: Enter the number of Notice of Assessment and tax Bill
as assigned by the assessor concerned.
- Remarks: State the important and relevant remarks pertaining to
the property tax of the property.
- Data entered in RPTAR:
= Date: State the date of entry in the RPTAR.
= Clerks Initial: The clerk who posted the information in the
RPTAR shall affix his/her initial.
(c) Assessment Roll (AR) (For Exempt Properties); (Attachment 8)
To provide the Treasurer the basis for updating and validating his real
property tax records.
144
Type of Copy
1 copy
1 copy
original
duplicate
1 copy
1 copy
Original
Duplicate
4 copy
1 copy
1 copy
1 copy
original
duplicate
triplicate
quadruplicate
145
Manner of Filing:
146
Number of copies
Type of copy
1 copy
original
1 copy
1 copy
1 copy
original
original
original
Manner of Filing:
147
"
"
"
Name of Owner: Enter the name of the owner in the same manner
noted in the FAAS/TD.
TIN: Enter the Taxpayers Identification Number, that is, the TIN
of declared owner.
Address and Tel. No.: State the complete address of the property
owner for mailing purposes as well as his/her telephone number.
Date Prepared: State the date of entry.
Prov./City/Mun.: Enter the name of the Local Government Units
followed by its Index No. that prepared the card.
Date of Entry: State the date (Month/day/year) upon every entry.
Kind: State the kind code, as L for land, plant and trees; B for
building and M for machinery as indicated in the FAAS/TD.
Class Code: Enter the classification code of the property such as
R (residential), A (Agricultural), C (commercial), I (industrial), M
(Mineral), S (Special), and T (Timber) as noted in the FAAS/TD.
PIN: State the Barangay Index No., the Section Index No. and
Assessors lot No. of the subject property as a municipality/city
record but as a Provincial Record include the Municipal Index
No.
Title No.: Enter the Certificate Title No., original or transfer.
Lot/Block No.: Enter the lot No. and/or Block No., under the
survey plan.
ARPN/TDN:
Enter the Assessment of Real Property
Number/Tax Declaration Number as noted in the FAAS or in the
corresponding tax declaration in twelve digits as follows:
00
(Year)
"
"
"
"
00000
00000
(Municipality Code and
(Real Property Count)
Barangay Code or Index Nos.)
To notify property owner of the assessment, and the current real property
taxes due on his property/properties.
Provincial Assessor
City Assessor
Municipal Assessor of MMA
Two copies shall be prepared by the assessor concerned, then the Assessor
shall file the duplicate and served the original to the declared owner.
Frequency in preparing:
Manner of Filing:
149
150
000
00
Section Parcel No.
(b) For Buildings and Other Structures PIN of the building constructed on
a parcel of land, whether owned by the land owner or any person other
than the land owner, shall first bear the PIN of the land with a four-digit
number beginning with 1001, for the first building, added to it, followed
by 1002, 1003, etc, etc. for additional buildings constructed on the same
parcel of land.
0000
Barangay
0000
Assessment Count
The Municipality and the Barangay Index numbers The first two
(2) digit numbers, representing the index number of the
municipality; and the next three (3) digit number representing the
151
index number for barangays, are the same index numbers for
municipalities and barangays as may be determined based on the
procedures in assigning the index numbers the tax mapping
operation; and
The Assessment Count The last four (4) digit number represents
the assessment number assigned to every RPU starting with 0001
for the first RPU assessed and 0100 for the one hundred RPU
assessed and recorded per barangay, and so on.
(2) For Cities (outside Metro Manila Area)
0000
Barangay
00000
Assessment Count
The Barangay Index Number The first four (4) digit number
represents the index number of the barangay which as may be
determined based on the procedures is assigning barangay index
numbers for barangays in tax mapping operation; and
The Assessment Count The last five (5) digit number represents
the assessment number assigned to every RPU as in Item 4.3.1.5.1.
(3) For Cities and Municipalities within Metro Manila Area
AA or A
General Revision
Indicator
00
Mun.
0000
Barangay
00000
Assessment Count
The Assessment Count The last five (5) digit numbers shall
represent the similar assessment assigned to every RPU as in the
foregoing Items for Provinces and Cities.
152
(b) Installation of the ARP Numbering System The process of installing the ARP
Numbering System in a city or municipality is as follows:
1. For a Tax Mapped Municipality/City The Field Appraisal Assessment
Sheets (FAASs) together with the corresponding tax declarations (TDs)
as arranged by PIN; which are consequently filed by barangay.
Thereupon, the ARP Number, which corresponds to the number of line
of entry in the JAT are then assigned to the FAAS and TD so arranged
starting from the first line numbered 001.
2. For a Municipality/City Not Tax Mapped FAASs together with the
corresponding TDs are first segregated by barangay, which shall also be
so arranged as in a tax mapped municipality or city, that is, 001 for
Barangay Poblacion and the remaining thereof, are arranged in
alphabetical order. The FAASs and the corresponding TDs which are
filed by barangay, are then arranged in alphabetical order by owners
surname, and the ARP Numbers which correspond to the number of line
of entry in the JAT are assigned such FAAS and TD.
(c) The Notice of Assessment Numbering System The Notice of Assessment (NA)
also referred to as the Real Property Tax Order of Payment (RPTOP) are
numbered in such a way that no two RPTOPS issued shall bear identical
numbers. The manner of numbering RPTOPs is provided hereunder.
1.
______________
RPTOP Count
where: The first three (3) digits of the five (5)-digit number represent the
index number of the province; the next two (2) digits thereof
represent the index number of the municipality; and the succeeding
numbers represent the RPTOP count. The first RPTOP is assigned
the number 1 and the second is assigned the number 2, and so on.
2.
For all Cities and Municipalities within the Metropolitan Manila Area
The Numbering structure of the RPTOP for cities and municipalities
within the MMA shall be as follows:
000
City/Mun.
____________________
RPTOP Count
where: The first three (3)-digit number represents the index number of a city
or a municipality within the MMA; The succeeding numbers shall
153
represents the RPTOP count. The first RPTOP assigned the number
1 and the second is assigned the number 2, and so on.
The preparation of the Real Property Tax Order of Payment shall not be
required in assessors office in Cities or Municipalities which are already
computerized and the records of which are already accessible to the treasurers
office through LAN or local area networking.
SECTION 3. CODES USED IN ASSESSMENT RECORDS
The Codes which shall be used in the assessment records of the Assessors
Office are as follows:
A. Kind Code The Kind Code refers to the code which shall be used for the
different kinds of real properties, viz:
Kind of Property
Code
Land
Building and Other Structure
Machinery
L
B
M
B. Classification Code The Classification Code refers to the code which shall be
used for the different classifications of real property on the basis of: (1) the
approved schedule of market values for lands, buildings and other structures,
prepared in pursuance of the provisions of Section 2.1.1 of R.A. No. 7160; and
(2) the degree of utilization and/or the ordinance enacted by the sanggunians
concerned strictly in accordance with Section 20 of the said Act, in line with the
decision rendered by the Office of the President under OP Case No. 96-C-6424
dated March 29, 1996. The following classification codes shall be used:
Property Classification
Residential
Agricultural
Commercial
Industrial
Mineral
Timberland/Forest
Special:
Hospital
Cultural
Scientific
Local Water District
Corporation engaged in
Generation/distribution of electric
Power
154
Code
R
A
C
I
M
T
SH
SC
SS
SW
SG
Transaction Type
Code
Subdivision
SD
Consolidation
CS
Discovery/New Declaration
DC
PC
DT
Transfer/Segregation
TR
Reclassification
RC
GR
D. Use Code The Use Code refers to the code which shall be indicated to identify
the actual use of the property assessed and to determine the appropriate tax rate.
The following shall be the Use Code for real property assessment records
purposes:
Use
Code
Residential
Commercial
Industrial
Agricultural
Mineral
AR
AC
AI
AA
AM
155
Timberland/Forest
Hospital
Cultural
Scientific
Local Water District
Charitable
Religious
Recreational
Educational
Cemetery
Park
ATF
ASH
ASC
ASS
ASLWD
ACH
ARE
ARC
AED
ACT
ARK
Government:
National
Provincial
City
Municipality
Barangay
Corporation
ANG
APG
ACG
AMG
ABG
AGOCC
SECTION 5. REPORTING
The report format marked as Attachment II contains information on the
number of real property units, the land area, taxable value by property classification,
exempt value by property classification, the market value, assessed value, the rate of
levy and tax collectible.
A. Frequency The report shall be prepared on quarterly.
B. The report shall be prepared and certified correct by the Assessor concerned as
indicated in the footnote of said form.
156
C. Submission of Reports
1. In the case of Municipalities, all reports must be submitted to the Provincial
Treasurer and to the Provincial Assessor, as the case maybe, on or before the
10th day of the month immediately following the quarter.
2. In the case of Cities, all reports shall be submitted to the BLGF Regional
Office copy furnished the BLGF Central Office on or before the 20th day of
the month immediately following the quarter reported on.
3. In the case of Provinces, all reports shall be submitted to the BLGF Regional
Office copy furnished the BLGF Central Office on or before the 20th day of
the month immediately following the quarter reported on. The Provincial
Treasurers or the Provincial Assessors shall submit a consolidated report of
different reports of the municipalities under their jurisdiction.
4. Cities and Municipalities within Metro Manila shall submit their reports on
or before the 30th day of the month following the quarter reported on, directly
to the BLGF Central Office, which shall prepare the required consolidated
reports.
5. The BLGF Regional Office shall submit a consolidated report of all the
LGUs within the region to the BLGF Central Office due on or before the 30th
day of the month immediately following the quarter reported on.
CHAPTER 4
Miscellaneous Provisions
SECTION 1. - PROVINCIAL/CITY APPRAISAL COMMITTEES
The right of eminent domain is usually understood to be the ultimate right of
the sovereign power to appropriate, not only to the public but the private property of
all citizens within the territorial jurisdiction for public purpose. It is a power
inherent in sovereignty. Hence, it is a power which need not be granted by any
fundamental law.
The delegated power of eminent domain of local government is strictly
speaking not a power of eminent but of inferior domain, - a share merely in eminent
domain. Hence, it is only as broad as the eminent authority would allow it to be.
Article III, Section 9 of the 1987 Constitution provides that Private Property
shall not be taken for public use without just compensation. There are two (2)
Constitutional limitations on the power of eminent domain: (1) the purpose of the
157
taking must be for public use, and (2) just compensation must be given to the private
owner.
An LGU may, through its Chief Executive and acting pursuant to an
ordinance, exercise the power of eminent domain for public use, purpose, or welfare
of the poor and the landless, upon payment of just compensation.
The following shall among others, be considered as public use, purpose or
welfare:
a) Socialized housing;
b) Construction or extension or roads, streets, sidewalks, viaducts, bridges,
ferries, levees, wharves, or piers;
c) Construction or improvement of public buildings; maintained and operated
by the government for public use such as nurseries, health center, or
hospitals. Building of research, breeding, or dispersal centers for animals.
d) Establishment of parks, playgrounds, or plazas;
e) Establishment of public market places;
f) Construction of artesian wells or water supply systems;
g) Establishment of cemeteries or crematories;
h) Establishment of drainage systems, cesspools, or sewerage systems;
i) Construction of irrigation canals or dams;
j) Establishment of nurseries, health centers, or hospitals; and
k) Establishment of abattoirs.
The requisites for a valid exercise of the power of eminent domain by LGUs are:
a) An ordinance must be passed authorizing the local chief executive to
subject a certain property to a local governments units power of eminent
domain or to expropriation;
b) The power must be exercised for public use purpose or welfare for the
benefit of the poor and the landless;
c) There must be payment of just compensation; and
d) A valid and definite offer to buy the property must have been previously
made to the owner but the offer was not accepted. (Pimentel, 1993)
158
A. Definition of Terms
Public Use - means public usefulness, utility, or advantage, or what is
productive of general benefit, so that any appropriating of private
property by the State under its right of eminent domain, for purposes
of great advantage to the community, is a taking for public use.
Just Compensation described as the just and complete equivalent of the loss
which the owner of the thing expropriated has to suffer by reason of
the expropriation.
Market Value price agreed upon by the buyer and seller in the open market in
the usual and ordinary course of legal trade and competition; the price
and value of the article established or shown by sale, public or
private, in the ordinary way of business; the fair value of property as
between one who desires to purchase and one who desires to sell; the
current price; the general or ordinary price for which property may be
sold in that locality.
Consequential damages damages to other interests of the owner that can be
attributed to the expropriation.
Consequential benefits the increase in the value of the other interests of the
owner that can be attributed to the new use to which his former
property will be put by the expropriating authority.
Executive Order No. 132, dated 22 December 1937, which since then has
undergone several amendments, authorized the creation of Appraisal Committees
which are tasked generally to determine the real or market value of the property to
be acquired. Referral to the Appraisal Committee is necessary only if negotiations
with the owner fail.
The composition of Appraisal Committee is as follows:
B.
PROVINCIAL/CITY
amended):
Chairman
Member
Member
APPRAISAL
COMMITTEE
E.O.
132
(as
Provincial/City Assessor
Provincial/City Engineer
Provincial/City Treasurer
159
MMDA Chairman
City Assessor
City Treasurer
City Engineer
District Engineer of the DPWH
MMDA Chairman
District Engineer of the DPWH
City Assessor of the District
Municipal Assessor
Municipal Engineer
Municipal Treasurer
160
161
162
(DBM) shall consider such proposals in the light of the foregoing. In the
case of the infrastructure ministries, the necessary outlays for each phase
of the pre-implementation activities shall be made a distinct component
of the annual infrastructure program which shall be released by the DBM
as scheduled.
SECTION 2. - ZONAL VALUATION
(by Atty. Raymund S. Gallardo, Asst. RDO, South Q. C.)
A. BACKGROUND
Zonal valuation for revenue tax purposes is a relatively new concept in the
Philippine taxation as the method was only made effective in January 1, 1988.
Before 1998, valuation of real properties for internal revenue taxes (capital
gains/income and transfer taxes) is based mainly on the valuation of real properties
as determined by the local government for its annual real property collection. But
because of the structural defect in the valuation procedure adopted by the local
government, wherein only a fraction of the market values of the properties (assessed
value) is used as a basis of valuation, the Philippine tax authorities, specially the
Bureau of Internal Revenue (BIR), the taxing arm of the national government, in its
desire to raise more revenues have turned its attention to the potentialities of a
correct land valuation as a major means of resources mobilization.
The direction taken for the valuation of properties by the national
government therefore is towards a less dependent state o the valuation undertaken by
the local government. As such, the valuation adopted by the national government
should be one that would at least approximate the current market value and one that
is procedurally uniform and simple. The attempt however, to adopt a valuation
method should be guided by the following principles:
(1)
(2)
(3)
(4)
164
165
166
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Residential Regular .
Commercial Regular
Residential Condominium ..
Commercial Condominium
Agricultural .
Industrial .
General Purpose .
Government Purpose .
Area for Priority Development .
RR
CR
RC
CC
A
I
GP
GL
APD
168
E.
is deemed an income tax that is separately assessed on each transaction and required
to paid on the date the return presented therefor is filed by the person liable thereto.
Capital gain is a presumed outcome of every real property transaction and the tax is
imposed regardless of whether the property owner incurred a loss or income in the
said transaction.
The tax on ordinary gain or capital gain is based on the gross selling price or
fair market value (zonal) of the property sold whichever is higher.
MPDO will submit the proposed land use plan for the review and approval
by the local Sanggunian
Provincial Planning and Development Office (PPDO)
-
Reviews/Approves the land use plan submitted by the PPDO and CPDO
NEDA will be the lead agency
for different purposes and includes the process and the criteria
employed in the determination of the land use.
Land Use refers to the manner of utilization of land, including its allocation,
development and management.
Land Use Conversion refers to the act or process of changing the current use
of a piece of agricultural land into some other use as approved by
DAR.
Reclassification of Agricultural Lands refers to the act of specifying how
agricultural lands shall be utilized for non-agricultural uses such as
residential, commercial, as embodied in the land use plan, subject to
the requirements and procedure for land use conversion. It also
includes the reversion of non-agricultural lands to agricultural use.
National Integrated Protected Areas Systems (NIPAS) - is the classification
and administration of all designated protected areas to maintain
essential ecological processes and life-support system, to preserve
genetic diversity, to ensure sustainable use of resources of forest
therein, and to maintain their natural condition to the extent possible.
Environmental Critical Areas refers to areas declared by laws as:
1) areas for natural parks, watershed reserves, wildlife preserves, and
sanctuaries;
2) areas set aside as aesthetic potential tourist spots;
3) areas which constitute the habitat for any endangered or threatened
species of indigenous Philippine wildlife (flora and fauna);
4) areas of unique historic, archaeologic, or scientific interests;
5) areas which are traditionally occupied by cultural communities and
tribes;
6) areas with critical slopes;
7) areas frequently visited and/or hard hit by natural calamities (geologic
hazards, floods, typhoons and volcanic activities);
8) areas classified as prime agricultural lands;
9) recharge areas of aquifers;
10) water bodies;
11) mangrove areas;
12) coral reefs;
13) mossy and virgin forests;
14) river bank; and
15) swamp forests and marshlands
172
concerned, together with the National Land Use Policy pursuant to R. A. No. 6657
and E.O. No. 129-A.
The following may apply for conversion:
1. Owners of private agricultural lands or other persons duly authorized by
the landowners.
2. Farmer-beneficiaries of the Agrarian Reform Program after the lapse of
five (5) years from award, reckoned from the date of registration of their
landholdings, and who have fully paid their obligations and are qualified
under A. O. No. 07, Series of 1997 issued by DAR, or persons duly
authorized by them.
3. Government agencies, including government-owned or controlled
corporations.
This shall cover all private agricultural lands as defined herein regardless of
tenurial arrangement and commodity produced. It shall also include all untitled
agricultural lands and agricultural lands reclassified by LGUs into non-agricultural uses
after June 15, 1988, pursuant to M. C. No. 54, Series of 1993 of the Office of the
President and those proposed to be used for livestock, poultry and swine-raising.
* The following criteria were adopted as bases for the approval of
applications for conversion:
# Agricultural lands classified or zonified for non-agricultural uses by LGUs
and approved by the HLURB before June 15, 1988 shall be governed by
DAR Administrative Order No. 6, Series of 1994.
# Conversion may be allowed if at the time of the application, the lands are
reclassified as commercial, industrial, residential or other non-agricultural in
the new or revised town plans promulgated by the local government unit and
approved by the HLURB or by the Sangguniang Panlalawigan (SP) after
June 15, 1988 in accordance with Section 20 of R. A. 7160, as implemented
by M. C. No. 54, and E. O. No. 72, Series of 1993 of the Office of the
President.
# If the city/municipality does not have a comprehensive development /land
use plan and zoning ordinance duly approved by the HLURB/SP but the
dominant use of the area surrounding the land subject of the application for
conversion is no longer agricultural or if the proposed use is similar to, or
compatible with the dominant use of the surrounding areas as determined by
the DAR, conversion may be granted.
C. The following areas shall not be subject to or non-negotiable for conversion:
174
"
"
"
"
"
"
Highlands, or areas located in elevations of 500 meters or above and have the
potential for growing semi-temperate and usually high value crops.
175
Tax Mapping
Records Conversion
Tax Collection
Data Computerization
176
177
Functions:
1. To plan and implement multi-year Provincial/City RPTA
Programs including the IEC
2. To monitor and evaluate RPTA Projects of municipalities,
cities/districts in cooperation/coordination with the BLGF
Regional Offices
3. To review and recommend actions on requests of municipalities
for project participation
4. To submit progress reports and statistical data through the BLGF
Regional Offices.
5. To undertake related activities as directed by the BLGF- DOF
4) Municipal Level
The Municipal Task Force shall be created in every participating
municipality composed of the following members, additional members
may be disseminated at the discretion of the Municipal Mayor, to wit:
Municipal Mayor
Municipal Assessor
Municipal Treasurer
1 Local Sanggunian Member
Chairman
Member
Member
Member
Functions:
1. To prepare RPTA Program in coordination with the
Provincial Assessor
2. To coordinate, facilitate and recommend to the
Sanggunian the appropriate budget/financing of the
logistic and support services for the RPTA project
implementation
3. To prepare requests for financing and participation in the
Project
4. To prepare and submit periodic progress reports and
statistical data
In case of Province/Municipality
National Government
Province
Municipality
LGU Equity
Province
Municipality
TOTAL
In case of a City:
National Government
City
LGU Equity
City
TOTAL
30%
30%
60%
====
35%
35%
70%
====
40%
40%
80%
====
20%
20%
40%
====
100%
====
15%
15%
30%
====
100%
====
10%
10%
20%
====
100%
====
60%
70%
80%
40%
100%
====
30%
100%
====
20%
100%
====
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(a) SEC. 226. Local Board of Assessment Appeals.- Any owner or person
having legal interest in the property who is not satisfied with the action of the
provincial, city or municipal assessor in the assessment of his property may, within
sixty (60) days from the date of receipt of the written notice of assessment, appeal to
the Board of Assessment Appeals of the province or city by filing a petition under
oath in the form prescribed for the purpose, together with copies of the tax
declarations and such affidavits or documents submitted in support of the appeal.
180
181
taxable on the tax day (January 1) then it is taxable for the whole year even though it
becomes exempt after the tax day.
d. Real properties declared for the first time shall be assessed on the basis of
the approved schedule of values during the effective date of the commencement of
tax liability and not during the time the assessment was made specially when back
taxes are imposed on the property. If general revision takes place after the initial
assessment, then the assessment should be correspondingly revised to reflect the
new schedules of values.
e.
Sec. 221. Date of Effectivity of Assessment or Reassessment. - All
assessments or reassessments made after the first (1st) day of January or any year
shall take effect on the first (1st) day of January of the succeeding year; Provided,
however, that the reassessment of real property due to its partial or total destruction,
or to a major change in its actual use, or to any great and sudden inflation or
deflation of real property values, or to the gross illegality of the assessment when
made or to 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 reassessment.
This provision shall apply to all existing assessments of real properties which
taxes by operation of law should be paid annually such that in cases of change of
ownership, location, subdivided or consolidated properties, the effective date of the
commencement of taxes shall be the 1st day of January of succeeding year. Provided
that all real property taxes for the current year contrary opinion on this provision,
will run counter to the provision of Section 203 and 222 of R.A. 7160 which provide
as follows:
Sec. 203. Duty of Person Acquiring Real Property or Making Improvement
Thereon. It shall also be the duty of any person, or his authorized representative,
acquiring at any time real property in any municipality or city or making any
improvement on real property, to prepare, or cause to be prepared, and file with the
provincial, city or municipal 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, whichever comes earlier.
Sec. 222. Assessment of Property Subject to Back Taxes. Real property
declared for the first time shall be assessed for 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 such taxes shall be computed on the
basis of the applicable schedule of values on 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 percent (2%) per month or a fraction thereof from the
date of the receipt of the assessment until such taxes are fully paid.
182
183
184
185
CONTRACT OF LOAN
KNOW ALL MEN BY THESE PRESENTS:
-WITNESSETH-
That the PARTY OF THE FIRST PARTY having accomplished the documents and
information required under Section 4.5.3 of Chapter 4 of this Manual on Real Property
Assessment and Administration.
That the PARTY OF THE FIRSYT PARTY having submitted to the PARTY OF
THE SECOND PARTY all the required supporting papers incident to the application of
loan.
NOW, THEREFORE, for and in consideration of the foregoing premises, the
PARTY OF THE SECOND PARTY hereby grants and approves a loan in the amount of
.., Philippine Currency, out of the Assessment Loan
Revolving Fund to the and that the PARTY OF FIRST
PARTY hereby accepts said loan subject to the following terms and conditions:
1. That the proceed of the loan shall be expended on the basis of the estimated costs of the
project as itemized in the Project Study and Action Plan submitted by the
borrower.. which Plan is hereby made an integral part hereof
as Annex A.
2. That the initial release of the proceeds of the loan shall be approximately50% hereof, the
date of release and the amount thereof shall be scheduled and determined by the
Department of Finance.
3. That the prosecution of the project shall be started not later than sixty days from the date
of receipt of the amount covering the first release of the loan.
4. That the project shall not be let to any private person.
5. That the second and last releases of the portions of the loan, shall be subject to a prior
submission of progress report to the Executive Director, Bureau of Local Government
186
Finance, copy furnished the Accounting Division, both of the Department of Finance,
duly verified by the representatives of the BLGF-DOF who personally inspected the
project;
6. That the period of repayment of the annual proceeds of the loans shall be for five (5)
years in equal annual amortization, to commence on or before the end of December of
the year following the year of completion of the project until the same have been fully
paid and liquidated; Provided, however, That if the project is not finished even after the
full release of the loan, the repayment shall commence on or before the end of
December of the year following the year of the last release of the loan.
7. That the completion of the project, for purposes of determining the running of the period
of repayment, shall be certified by the BLGF-DOF representative who inspected and
evaluated the project;
8. That in case the borrower ______________________ concerned fails to pay the annual
amortization when due, the same shall automatically be deducted from its share from the
internal revenue allotment of the borrower _______________ ______________, which
allotment is hereby made as a guaranty of the repayment of whatever loan released;
9. That the proceeds of the loan, or any portion thereof, shall in no case be used,
temporarily or otherwise, for any other purpose by the borrower
_________________________ except for the financing and implementation of the
project described hereunder:
That the PARTY OF THE SECOND PARTY reserves the right to rescind this
contract whenever public interest so demands.
IN WITNESS WHEREOF, the parties have hereunto set their hands at Manila,
Philippines, on this .. day of , 2000.
PARTY OF THE FIRST PARTY
Represented by:
Represented by:
187
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City of Manila, personally appeared
.. representing the PARTY OF THE FIRST PARTY
with Community Tax Certificate No. .., issued on .., at
.. and.. representing the
PARTY OF THE SECOND PARTY, with Community Tax Certificate No.,
issued on . At ., known to me and to me
known to be the same persons who executed the foregoing document denominated as a
Contract of Loan and who acknowledged having executed the same of their own free will
and deed.
The fore going document consisting of three (3) pages including this page wherein
the acknowledgment appears are duly signed by the parties and their instrumental witnesses
on the left hand margin thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal in the City
of Manila, Philippines, this day of , 2000.
NOTARY PUBLIC
BOOK NO
PAGE NO
BOOK NO.
SERIES OF 2001
188
Glossary of Terms
1. Tax Mapping is the primary concern of the Municipal Assessor and City Assessor
and the first component undertaken in the installation of the RPTA Project which
involves physical survey of land parcels for the following purposes:
a)
b)
c)
d)
2. Assessment Operations is a means of assigning on every parcel of land and upon all
the taxable improvements on such lands, a current and fair market value, an assessment
level to be able to arrive at an assessed value for each land and each improvement.
3. Records Conversion and Management (RC) is the establishment and maintenance
of permanent official records and files in the office of the Provincial, City or Municipal
Assessor so that an updated and regular listing of all properties is readily available. It
also serves as a basis for a more accurate collection of real property tax and establishes
the all important control link between assessment and tax collection operations.
4. Real Property Tax Collection Operation involves collection of all real property
taxes and penalties due and payable to the LGU through the positive and total
enforcement of tax laws and their penal provisions.
5. Data Computerization encompasses all activities leading to the establishment and
operationalization of a computer-assisted data base for Real Property Tax
Administration (RPTA) among which includes the familiarization/training of key
personnel, encoding and validation of data acquisition and installation of standard
RPTA system, generation of reports and preparation of complementary manual of
procedures.
6. Information, Education Campaign (IEC) Program is the RPTA Information kit for
use of the LGU officials, assessors and treasurers in the RPTA Project.
189
CHAPTER 5
PENAL PROVISIONS
The Local Government Code provides penalties for violations of its provisions. The
following provisions are applicable to local officials involved in assessment operations:
1. Any local official and any person or persons dealing with him who violate the
prohibitions provided in Section 89 of Book I of LGC, shall be punished with
imprisonment for six (6) months and one (1) day to six (6) years, or a fine of not
less than Three Thousand Pesos (P3, 000.00) nor more than Ten Thousand Pesos
(P10, 000.00), or both such imprisonment and fine, at the discretion of the court.
2. Section 89 of the Code enumerates the following prohibited business and pecuniary
interest:
1) Engaging in any business transaction with the local government unit in which he
is an official or employee or over which he has the power of supervision, or with
any of its authorized bards, officials, agents or attorneys, whereby money is to be
paid, or property of any other thing of value is to be transferred, directly or
indirectly, out of the resources o the local government unit to such person of
firm;
2) Holding such interest in any cockpit or other games licensed by a local
government unit;
3) Purchasing any real estate or other property forfeited in favor of such local
government unit for unpaid taxes or assessment, or by virtue of a legal process at
the instance of the said local government unit;
4) Being a surety for any person contracting or doing business with the local
government unit for which a surety is required; and
5) Possessing or using any public property of the local government unit for private
purpose.
3. Any officer charged with the duty of assessing real property who willfully fails
to assess, or who intentionally omits from the assessment or tax roll any real
property which he knows to be taxable, or who willfully or negligently
underassesses any real property, or who intentionally violates or fails to perform
any duty imposed upon him by law relating to the assessment of taxable real
property shall, upon conviction, be punished by a fine of not less than One
Thousand Pesos (P1, 000.00) nor more than Five Thousand Pesos (P5,000.00),
or by imprisonment of not less than one (1) month nor more than six (6) months,
or both such fine and imprisonment, at the discretion of the court.
190
The same penalty shall be imposed upon any officer charged with the
duty of collecting the tax due on real property who willfully or negligently fails
to collect the tax and institute the necessary proceedings for the collection of the
same.
Any other officer required by this Code to perform acts relating to the
administration of the real property tax or to assist the assessor or treasurer in
such administration, who willfully fails to discharge such duties shall, upon
conviction be punished by a fine of not less than Five Hundred Pesos (P500.00)
nor more than Five Thousand Pesos (P5, 000.00) or imprisonment of not less
than one (1) month nor more than six (6) months, or both such fine and
imprisonment, at the discretion of the court.(Sec. 517, RA 7160)
4. Any government official who intentionally and deliberately delays the
assessment of real property or the filing of any appeal against its assessment
shall, upon conviction, be punished by a fine of not less than Five Hundred
Pesos (P500.00) nor more than Five Thousand Pesos (P5, 000.00), or by
imprisonment of not less than one (1) month nor more than six (6) months, or
both such fine and imprisonment, at the discretion of the court. (Sec. 518, RA
7160)
CHAPTER 6
REPEALING AND EFFECTIVITY CLAUSE
Section 1. Repealing Clause. All rules, regulations and orders inconsistent with
the provisions hereof are hereby repealed or modified accordingly.
Section 2. Effectivity. This Assessment Manual shall take effect immediately.
191