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SIXTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session "13 JUL -3 P6 :33
SENATE
SB NO. 415
EXPLANATORY NOTE
For so long, the country's real property sector has operated within an
ineffective, inequitable, and inefficient valuation system. The problem is
aggravated by the lack of national valuation standards that harmonize the
valuations in the government and the private sector. With 23 national
government agencies and almost 1,300 local government units (LGUs), along
with private appraisers performing valuation using different methods and
standards, the sector has been riddled with inconsistent real property values-
where one property has conflicting values. Such condition has crippled the
Government. both at the local and the national levels. to fully tap the potential
of the land sector, and resulted to foregone revenues from national and local
real property-related taxes. The resulting condition is unrealized fiscal
sustainability.
In the LGUs, the problems are more dramatic as the technical process of
real property valuation is easily comingled with property taxation, which is a
political exercise of elective LGU officials; thus, compromising the capacity of
LGUs to generate revenues from real property from which they could sufficiently
fund public goods and services for their constituencies. Considered as the main
source of locally sourced revenue, the outdated Schedule of Market Values
(SMVs), averaging from 10 to 12 years old, greatly narrowed the LGUs' real
property tax base while increasing inequity in real property taxation. With the
approval of SMVs assigned to the local councils, valuation, as a technical
function, is often influenced by highly politicized decisions-far from the
democratic tenet of the greater good. Since most of LGU values' no longer
reflect the true conditions of the local property market. the country',s valuation
system has acted as a disincentive for private investors to take a more vibrant
role in economic development. In the same vein, many government-led
projects and investments have been delayed due to just compensation issues
and lengthy court litigations.
.,
As the Government pursues reforms in the LAM sector, this bill proposes to
institutionalize valuation reforms starting from the LGUs by adopting a market-
based SMV that is governed by uniform valuation standards based on
international best practices, methods, and techniques. The existing expertise of
LGU assessors, who are now subject to the professionalization and regulation
requirements of Republic Act No. 9646 or the Real Estate Service Act of 2009, will
be the critical players of the reform process. In turn, SMVs shall be the basis of
local and national real property taxation, and as benchmark for other purposes
by other government agencies and instrumentalities. A national real property
transactions database shall also be established to increase transparency and
build public trust in the valuation sector.
In the end, this bill seeks to create a sustainable government platform for
the institutionalization of valuation reforms in the country, and achieve a more
rational LAM sector that will allow the Government to fully tap the potential of
real property both at the national and local levels.
SENATE
S.NO. 415
SECTION 1. Short Title. - This Act shall be known as the "THE REAL PROPERTY
VALUATION AND ASSESSMENT REFORM ACT OF 2013."
ARTICLE I
DECLARATION OF POLICY AND OBJECTIVES,
AND DEFINITION OF TERMS
ARTICLE II
STRENGTHENING THE BUREAU OF LOCAL GOVERNMENT FINANCE
Chapter 1
BLGF Central Operations
(b) The member-representatives from the BIR, DENR, and BSP must be
performing valuation-related functions. The national organization of
governm~nt assessors, the private sector, and the ULAP shall be
represented by their respective heads of organization,
(c) In case there are several national organizations of government
assessors or appraisers, their respective heads shall elect from among
themselves a representative to the central consultative committee. The
same rule shall apply in the case of the private appraisal sector.
(d) The Chairperson and members of the Committee shall not receive
additional salary for the performance of their functions, but they shall
be entitled to honoraria, pursuant to existing laws and regulations,
(e) The Committee shall meet at the initiation of the Chairperson at least
once every semester, and shall have as many meetings as the
Chairperson may deem necessary for the adoption of valuation
standards.
SECTION 9. Role of the BLGF Regional Offices. - The BLGF Regional Offices,
through the Regional Director, shall have the responsibility on all matters relating
to valuation/appraisal and the SMVs in the region, such as:
(a) Implement the provisions of this Act and related policies, plans,
programs, rules and regulations on real property valuation or appraisal
of local govemment units in the region;
(b) Review and endorse to the BLGF Executive Director the proposed SMVs
prepared by the provincial assessors together with the municipal
assessors, and city assessors within the region;
(c) Provide economical, efficient, and effective service relating to the
implementation of the provisions of this Act in the region;
(d) Coordinate and consult with regional offices of other government
departments, bureaus, and agencies within the region dealing with
real property valuation/appraisal;
(e) Provide leadership and policy direction in the area of real property
valuation/appraisal to local government units in the region;
(f) Adopt and maintain a comprehensive and up-to-date regional
electronic database of all regional real property-related transactions,
and have custody of all transaction records submitted by local
government assessors; and
(g) Perform other functions as may be assigned by the BLGF Executive
Director.
ARTICLE III
VALUATION/APPRAISAL OF REAL PROPERTIES
Chapter 1
Valuation Standards and Market Values
For real properties intended for low-cost or socialized housing and other
programs of the government imbued with social policy objectives, the provisions
of existing pertinent laws shall be applied after the determination of the
prevailing market value of these properties in accordance with internationally
accepted valuation standards adopted under this Act.
The approved Ordinance together with the SMV shall be published by the
concerned local government unit in a newspaper of local circulation once a
week for two consecutive weeks: Provided, however, That in provinces, cities
and municipalities where
. there are no newspapers of local circulatiom,
'
the same
shall be posted in the provincial capitol, city or municipal hall anq in two (2)
other conspicuous public places therein. A list of LGUs whose SMVs have been
approved shall be posted in the BLGF official website.
Chapter 2
Development and Maintenance of Real Property Database
Chapter 3
Appointment and Qualifications of Assessors
(a) In the case of provincial and assistant provincial assessors and city and
assistant city assessors, appointee shall be chosen from the list of at
least three (3) ranking eligible recommendees, as endorsed by the
DOF Secretary, suitable and qualified for appointment within the
region;
(b) In the case of municipal and assistant municipal assessors, appointee
shall be chosen from the list of at least three (3) ranking eligible
reeommendees suitable and qualified for appointment within the
province, as endorsed by the OOF Secretary; and
(e) In the case of city and assistant city assessors and municipal and
assistant municipal assessors for Metro Manila, appointee shall be
chosen from the list of at least three (3) ranking eligible
recommendees, as endorsed by the DOF Secretary, suitable and
qualified for appointment within the Metro Manila.
The assessors shall be under the technical supervision of the BLGF, primarily
through a system of compliance reporting and provision for education and
training for capacity building.
ARTICLE IV
PENAL PROVISIONS
ARTICLE V
TRANSITORY PROVISIONS
SECTION 30. Transitory Guidelines. - (a) Local government units which are
in the process of revising their SMVs, upon the effectivity of this Act, shall
continue with such revisions in accordance with Section 16 of this Act: Provided,
That proper notification and coordination with the BLGF shall be undertaken.
(b) In case the SMV is not yet available or revised, the BIR Cqmmissioner
shall adopt the existing SMV, 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.
SECTION 31. Saving Clause. - The zonal values as determined by the BIR
and approved by the Secretary of Finance for internal revenue tax purposes
and the SMVs prepared by the provincial assessors together with the municipal
assessors, and city assessors, including the municipal assessors in Metro Manila,
that have been approved by their respective Sanggunians for real property
taxation purposes shall continue to be in force and effect until repealed,
superseded, modified, revised, set aside, or replaced by the values provided
under the new SMVs as approved in accordance with Section 16 of this Act,
which shall be within two (2) years upon the effectivity of this Act.
ARTICLE VI
FUNDING REQUIREMENTS
ARTICLE VII
MISCELLANEOUS PROVISIONS
SECTION 34. Implementing Rules and Regulations (lRR). - Within six (6)
months after the effectivity of this Act, the DOF, in consultation with concerned
parties, shall issue the IRR for the effective implementation of this Act.
SECTION 36. Repealing Clause. - (a) Section 6(e) and Section 88(b) of
Republic Act No. 8424, otherwise known as tt1e National Internal Revenue Code
(NIRC), as amended, and Sections 19, 135(0), 138, 198(0), 199(g)(h)(I), 201, 202,
209(0), 212, 214, 218 par. 1 (b), 219, 220, 224(0), 443(d), 444(b)(I)(v), 454(d),
455(b)(1 )(v), 463(d), 465(b)(I)(v), 472(0) par 1, 472(b)(8), ancf 473(0) par 1 of
Republic Act No. 7160, otherwise known as the Local Government Code (LGC)
of the Philippines, are hereby repealed;
SECTION 37. Separability Clause. - Any portion or provision of this Act that
may be declared unconstitutional or invalid shall not have the effect of nullifying
other portions or provisions hereof, as long as such remaining portions or
provisions can still subsist and be given effect in their entirety.
SECTION 38. Effectivity. - . This Act shall take effect fifteen (15) days after
completion of publication in the Official Gazette or in a newspaper of general
circulation.
Approved,