Review and suspension of tax ordinance.
Section 44
SEC. 44. Review and suspension of tax ordinance. — Within fifteen days after its approval, a certified true copy of a tax ordinance shall be furnished: the Secretary of Finance by the provincial hoard or city council; the provincial treasurer, by the municipal or barrio council; or the city treasurer by the barrio council in the city's jurisdiction. If, within one hundred and twenty days after receipt of a copy thereof, the Secretary of Finance or the provincial or city treasurer, as the case may he, takes no action as authorized in this Section, the tax ordinance shall remain in force. The Secretary of Finance, the provincial treasurer, or the city treasurer, as the case may be, shall review and have the authority to suspend the effectivity of any lax ordinance within one hundred and twenty days after receipt of a copy thereof, if, in his opinion, the tax or fee therein levied or imposed is unjust, excessive, oppressive, confiscatory, or not among those that ihe particular local government may impose in the exercise of its power in accordance with I his Code; or when the tax ordinance is. in whole or in part, contrary to declared national economic policy; or when the ordinance is discriminatory in nature on the conduct of business or calling or in restraint of trade. When the Secretary of Finance, the provincial treasurer, or city treasurer, as the case may be, exercises this authority, the effectivily of such ordinance shall be suspended, either in part or, if necessary, in toto. The local legislative hotly, within thirty days after receipt of the notice of suspension, may either modify the tax ordinance to meet the objections thereto or file an appeal with the proper court, otherwise, the tax ordinance or the parts thereof declared suspended shall be considered as revoked. An appeal shall not stay the order of suspension nor does it authorize the local legislative body to impose the same tax or fee levied under a suspended ordinance until such time as the grounds for the suspension thereof shall have ceased to exist or the appeal has been resolved in its favor. Any tax or fee paid pursuant to the ordinance involved shall lie considered as having been paid under protest. In case the appeal is resolved in favor of the local government, the tax or fee that would have been collected if there were no order of suspension shall immediately be collected without interest and surcharge. In case the order of suspension is upheld, the court shall forthwith order the refund of the tax or fee paid under protest to the taxpayer.