Appointment of Assessors.
SEC. 25. Appointment of Assessors. - Notwithstanding Section 472 of RA No. 7160, the local chief executive shall appoint the provincial, city, and municipal assessors and assistant assessors, as the case may be, in accordance with civil service laws, RA No. 9646, otherwise known as the "Real Estate Service Act of the Philippines", rules and regulations and the following guidelines:
(a) In the case of provincial and assistant provincial assessors and city and assistant city assessors, the appointee shall be chosen from the list of at least three (3) ranking eligible candidates within the region;
(b) In the case of city and assistant city assessors, and the municipal and assistant municipal assessors in the Metropolitan Manila Area, the appointee shall be chosen from the list of at least three (3) ranking eligible candidates within the region; and
(c) In the case of municipal and assistant municipal assessors, the appointee shall be chosen from the list of at least three (3) ranking eligible candidates within the province.
Violations Committed by Government Officials and Employees.
SEC. 26. Violations Committed by Government Officials and Employees. - The following violations shall be punishable by a fine equivalent to one (1) month to six (6) months of the official or employee's basic salary, or by suspension from government service for not more than one (1) year, or both, in addition to any criminal and administrative penalties imposable under existing laws;
(a) Failure of any official or employee of the BLGF or other concerned government agency, without justifiable reason, to provide or furnish data or information required pursuant to Sections 22, 23, and 24 of this Act;
(b) Failure of the assessor or assistant assessor to comply with the valuation standards developed and adopted pursuant to this Act, or deliberables concealment of any deviation or departure from such standards in the valuation of real property;
(c) Failure or refusal of an assessor, without justifiable reason, to prepare, submit, revise, and implement the SMVs, or conduct general revisions, within the period set forth in this Act; and
(d) Failure or refusal of any government official or employee to review, approve, and implement the SMVs as well as to conduct general revisions within the period set forth in this Act, or cause the improper use of SMVs.
Unlawful or Unauthorized Processing or Disclosure of Information.
SEC. 27. Unlawful or Unauthorized Processing or Disclosure of Information. - The unauthorized processing, accessing, disposal, disclosure, sharing, publication, or use of the real property information system data, including all illegal acts as defined under RA No. 10173, shall be punishable in accordance with the aforecited law, its implementing rules and regulations, RA No. 10175, otherwise known as the "Cybercrime Prevention Act of 2012", and other relevant laws.
Other Violations of this Act.
SEC. 28. Other Violations of this Act. - Any person, whether natural or juridical, who violates any provision of this Act other than those punishable under Section 26 and 27 hereof shall, when warranted, be dealt with under applicable existing laws.
Transitory Guidelines.
SEC. 29. Transitory Guidelines. - LGUs, which are in the process of updating their SMVs upon the effectivity of this Act, shall continue with such revisions in accordance with Section 15, 16, 17, and 19 of this Act: Provided, That proper notification and coordination with the BLGF shall be undertaken.
In case the SMVs are not yet available or updated, the Commissioner of Internal Revenue shall adopt the existing SMVs, zonal values or the actual price in consideration as stated in real property transaction documents, whichever is higher, for purposes of computing any internal revenue tax: Provided, That the maximum assessment levels in Section 218 of RA No. 7160 shall be observed.
For the first year of effectivity of the approved SMV in accordance to this Act, any increase in real property taxes shall be limited to a maximum of six percent (6%) of the real property taxes assessed on such properties prior to the effectivity of this Act: Provided, That the cap shall be applicable to each type of real property tax, including Special Education Fund, idle land tax, and other special levies in real property: Provided, further, That the LGU may enact an ordinance to impose a cap on the increase in real property taxes for the succeeding years.
SEC. 30. Grant of tax Amnesty on Real Property Taxes and Special Levies on Real Property. -There is hereby granted a real property tax amnesty which shall cover penalties, surcharges, and interests from all unpaid real property taxes, including Special Education Fund, idle land tax, and other special levy taxes, prior to the effectivity of this Act: Provided, That the real property tax amnesty hereby authorized and granted can only be availed within a period of two (2) years after the effectivity of this Act.
This relief may be availed by a delinquent property owner with the option of one-time payment or installment payment of the delinquent real property taxes within two (2) years from the effectivity of this Act.
This amnesty shall not extend to the following real properties:
(a) Delinquent real properties which have been disposed of at public auction to satisfy the real property tax delinquencies;
(b) Real properties with tax delinquencies which are being paid pursuant to a compromise agreement; and
(c) Real properties subject of pending cases in court for real property tax delinquencies.
Saving Clause.
SEC. 31. Saving Clause. - The zonal values, as determined by the BIR and approved by the Secretary of Finance for internal revenue tax purposes, together with the municipal assessors, and the city assessors, including the lone municipal assessor in Metropolitan Manila Area and the assessor of the PHIVIDEC Industrial Authority, shall continue to be in force and effect until repealed, superseded, modified, revised, set aside, or replaced in accordance with Section 16 of this Act, which shall be within two (2) years upon the effectivity of this Act: Provided, That the PHIVIDEC Industrial Authority, pursuant to Section 4(h) of Presidential Decree No. 538, shall continue to levy, assess, and collect real property taxes on real properties within its jurisdiction.
Budgetary Requirements for the Updating of Schedule of Market Value and General Revision.
SEC. 32. Budgetary Requirements for the Updating of Schedule of Market Value and General Revision. - Each local Sanggunian shall appropriate the necessary funds from locally generated revenues, the national tax allotment or such other sources every fiscal year to constitute the Real Property Tax Administration Fund (RPTAF), which shall be established and used for the proper implementation of the updating of the SMVs, and general revision of real property assessments, and the administration of real property taxes in all LGUs. The Secretary of Finance, through the BLGF, shall grant a subsidy to third and lower income class LGUs in order to augment their resources for purposes of creating the RPTAF.
Appropriations.
SEC. 33. Appropriations. - The initial amount for the implementation of this Act shall be charged against the available funds of the national government agencies and LGUs concerned. thereafter, the necessary funding shall be included in the annual General Appropriations Act and in the respective local budgets of the LGUs concerned.
Reportorial Requirements.
SEC. 34. Reportorial Requirements. - The BLGF shall submit to the joint Congressional Oversight Committee on the Comprehensive Tax Reform Program (COCCTRP) created under the National Internal Revenue Code of 1997, as amended, a detailed report on the implementation of this Act during the first quarter of every year.
Suppletory Application of Existing Laws.
SEC. 35. Suppletory Application of Existing Laws. - The provisions of RA No. 7160, as amended, and other laws consistent with this Act shall have suppletory effect.
Implementing Rules and Regulations (IRR).
SEC. 36. Implementing Rules and Regulations (IRR). - Within three (3) months after the effectivity of this Act, the DOF shall, in consultation with concerned stakeholders for the effective implementation of this Act. The non-promulgation of the IRR shall not prevent the implementation of this Act upon its effectivity.
Separability Clause.
SEC. 37. Separability Clause. - If any section or provision of this Act shall be declared unconstitutional or invalid, other sections or provisions not affected thereby shall continue to be in full force and effect.
Repealing Clause.
SEC. 38. Repealing Clause. - The following provisions are hereby repealed:
(a) Sections 199 (e), (g), and (o), 212, and 219 0f RA No. 7160, otherwise known as the "Local Government Code of 1991";
(b) Section 9 of Presidential Decree No. 921, entitled "Providing for the Administration of Local Financial Services in Metropolitan Manila, Creating Local treasury and Assessment Districts Therein, and for Other Purposes", on the administration of local financial services in Metropolitan Manila and creating Local Treasury and Assessment Districts; and
(c) Section 6(e) of RA No. 8424, otherwise known as the "National Internal Revenue Code of 1997", as amended.
The following provisions are hereby amended insofar as they are inconsistent with the provisions of this Act:
(1) Section 23, Chapter IV, Title II, Book IV of Executive Order No. 292, otherwise known as the "Administrative Code of 1987";
(2) Sections 19, 135(a), 138, 201, 218, 220, and 472(b)(8) of RA No. 7160;
(3) Sections 5, 6, and 7 of RA No. 10752, otherwise known as "The Right-of-Way Act"; and
(4) Sections 24(D), 27(d)(5), and 88(b) of the National Internal Revenue Code of 1997, as amended.
All laws, presidential decrees, executive orders, presidential proclamations, rules and regulations, or parts thereof contrary to or inconsistent with this Act are hereby repealed, superseded, or modified accordingly.
Effectivity.
SEC. 39. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
Approved,
(SGD.) FERDINAND MARTIN G. ROMUALDEZ
(SGD.) JUAN MIGUEL F. ZUBIRI
Speaker of the House of Representatives
President of the Senate
This Act, which is a consolidation of Senate Bill No. 2386 and House Bill No. 6558, was passed by the Senate of the Philippines and the House of Representatives on March 19, 2024 and March 20, 2024, respectively.
(SGD.) REGINALD S. VELASCO
(SGD.) RENATO N. BANTUG, JR.
Secretary General House of Representatives
Secretary of the Senate
Approved: JUN 13 2024
(SGD.) FERDINAND ROMUALDEZ MARCOS JR.
President of the Philippines
Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).
