BELEN C. FIGUERRES vs. COURT OF APPEALS, CITY OF ASSESSORS OF MANDALUYONG, CITY TREASURER OF MANDALUYONG, and SANGGUNIANG BAYAN OF MANDALUYONG

Doctrine:

After the proposed schedule of fair market values of the different classes of real property in a local government unit within Metro Manila, as prepared jointly by the local assessors of the district to which the city or municipality belongs, has been published or posted in accordance with §212 of R.A. No. 7160 and enacted into ordinances by the sanggunians of the municipalities and cities concerned, the ordinances containing the schedule of fair market values must themselves be published or posted in the manner provided by §188 of R.A. No. 7160

Facts: 

Belen C. Figuerres is the owner of a parcel of land located at Amarillo Street, Barangay Mauway, City of Mandaluyong.  In 1993, she received a notice of assessment from the municipal assessor of the Municipality of Mandaluyong..

The assessment was based on a number of ordinances issued by the Sangguniang Bayan of Mandaluyong. Ordinance No. 119 contains a schedule of fair market values of the different classes of real property in the municipality. Ordinance No. 125 fixes the assessment levels applicable to such classes of real property. Finally, Ordinance No. 135 amended Ordinance No. 119, by providing that only one third (1/3) of the increase in the market values applicable to residential lands pursuant to the said ordinance shall be implemented in the years 1994, 1995, and 1996.

Figuerres brought a prohibition suit in the CA against the Assessor, the Treasurer, and the Sangguniang Bayan to stop them from enforcing the ordinances in question on the ground that the ordinances were invalid for having been adopted allegedly without public hearings and prior publication or posting and without complying with the implementing rules yet to be issued by the Department of Finance.

CA dismissed the petition stating that the approval and determination by the Department of Finance is not needed under the Local Government Code of 1991, since it is now the city council of Mandaluyong that is empowered to determine and approve the aforecited ordinances.  Furthermore, the Finance Local Assessment Regulation No. 1-92  provides for the rules relative to the conduct of general revisions of real property assessments pursuant to Sections 201 and 219 of the Local Government Code of 1991.

Issue/s:.

1.Whether or not public hearings are required to be conducted prior to the enactment of an ordinance imposing real property taxes

2.Whether or not there is a need for the publication of fair market values.

Held:

1.Yes.  R.A. No. 7160, §186  provides that an ordinance levying taxes, fees, or charges “shall not be enacted without any prior public hearing conducted for the purpose.”

However, it is noteworthy that apart from her bare assertions,  Figuerres has not presented any evidence to show that no public hearings were conducted prior to the enactment of the ordinances in question.  On the other hand, the Municipality of Mandaluyong claims that public hearings were indeed conducted before the subject ordinances were adopted, although it likewise failed to submit any evidence to establish this allegation. 

In accordance with the presumption of validity in favor of an ordinance, their constitutionality or legality should be upheld in the absence of  evidence showing that the procedure prescribed by law was not observed in their enactment.  

Furthermore, the lack of a public hearing is a negative allegation essential to petitioner’s cause of action in the present case.  Hence, as petitioner is the party asserting it, she has the burden of proof. Since petitioner failed to rebut the presumption of validity in favor of the subject ordinances and to discharge the burden of proving that no public hearings were conducted prior to the enactment thereof, we are constrained to uphold their constitutionality or legality.

2. Yes.   R.A. No. 7160, §212 which in part states:

. . . . The schedule of fair market values shall be published in a newspaper of general circulation in the province, city, or municipality concerned, or in the absence thereof, shall be posted in the provincial capitol, city or municipal hall and in two other conspicuous public places therein.

Hence, after the proposed schedule of fair market values of the different classes of real property in a local government unit within Metro Manila, as prepared jointly by the local assessors of the district to which the city or municipality belongs, has been published or posted in accordance with §212 of R.A. No. 7160 and enacted into ordinances by the sanggunians of the municipalities and cities concerned, the ordinances containing the schedule of fair market values must themselves be published or posted in the manner provided by §188 of R.A. No. 7160.

Figuerres has not presented any evidence to show that the subject ordinances were not disseminated in accordance with these provisions of R.A. No. 7160.  On the other hand, the Municipality of Mandaluyong  presented a certificatef of  Williard S. Wong, Sanggunian Secretary of the Municipality of Mandaluyong that “Ordinance No. 125, S-1993 . . . has been posted in accordance with §59(b) of R.A. No. 7160. Thus, considering the presumption of validity in favor of the ordinances and the failure of petitioner to rebut such presumption, we are constrained to dismiss the petition in this case.

 *CA affirmed.