Friday, November 16, 2007

Section 6B.06

Section 6B.06 Redemption of Property Sold - Within one (1) year from the date of sale, the delinquent taxpayer or his representative shall have the right to redeem the property upon payment to the City Treasurer of the total amount of taxes, fees, or charges, and related surcharges, interest or penalties from the date of the delinquency to the date of the sale, plus interest of two percent (2%) per month of the purchase price from the date of purchase to the date of redemption. Such payment invalidates the Certificate of Sale issued to the purchaser and the owner shall be entitled to a Certificate of Redemption from the City Treasurer or his deputy.

The City Treasurer or his deputy, upon surrender by the purchaser of the Certificate of Sale previously issued to him, shall forthwith return to the latter the entire purchase price paid by him plus interest of two (2%) per month herein provided for, the portion of the cost of sale and other legitimate expenses incurred by him, and said property thereafter shall be free from the lien of such taxes, fees, or charges, related surcharges, interests and penalties.

The owner shall not, however, be deprived of the possession of said property and shall be entitled to the rentals and other income thereof until the expiration of the time allowed for its redemption.

Section 6B.07 Final Deed for Purchaser - In case the taxpayer fails to redeem the property as provided herein, the City Treasurer shall execute a deed conveying to the purchaser so much of the property as sold, free from liens of any taxes, fees, charges, related surcharges, interests, and penalties. The deed shall succinctly recite all the proceedings upon which the validity of the sale depends.

Section 6B.08 Purchase of Property by the City Government for Want of Bidder - In case there is no bidder for the real property advertised for sale as provided herein, or if the highest bid is for an amount insufficient to pay the taxes, fees, or charges, related surcharges, interests, penalties and costs, the City Treasurer conducting the sale shall purchase the property in behalf of the city to satisfy the claim and within the two (2) days thereafter shall make a report of his proceedings which shall be reflected upon the record of any such declaration of forfeiture to transfer the title of the forfeited property to the city without the necessity of an order from a competent court.

Within one (1) year from the date of forfeiture, the taxpayer or any of his representatives, may redeem the property by paying to the City Treasurer the full amount of the taxes, fees, charges, and related surcharges, interests, or penalties, and the costs of the sale. If the property is not redeemed as provided herein, the ownership thereof shall be fully vested to the city.

Section 6B.09 Resale of Real Estate Taken for Taxes , Fees, or Charges - The Sangguniang Panglungsod shall, by separate ordinance duly approved, and upon notice of not less than twenty (20) days, sell and dispose of the real property acquired at the public auction. The proceeds of the sale shall accrue to the General Fund of the City.

Section 6B.10 Collection of Delinquent Taxes, Fees Charges or Other Revenues through Judicial Action - The city may enforce the collection of delinquent taxes fees, charges or other revenues by civil action in any court of complement jurisdiction. The civil action shall be filed by the City Treasurer within the period prescribed in this code.

Section 6B.11 Further Distraint or Levy - The remedies by distraint and levy may be repeated if necessary until the full amount due, including all expenses, is collected.

Section 6B.12 Personal Property Exempt from Distraint or Levy - The following properties shall be exempt from distraint and levy, attachment or execution thereof for delinquency in the payment of any city taxes, fees or charges, including the related surcharge and interest:

(a) Tools and the implements necessarily used by the delinquent taxpayer in his trade or employment;

(b) One (1) horse, cow, carabao, or other beast of burden, such as the delinquent taxpayer may select, and necessarily used by him in his ordinary occupation;

(c) His necessary clothing, and that of his family;

(d) Household furniture and utensils necessary for housekeeping and used with a value not exceeding Ten Thousand Pesos (P 10,000.00);

(e) Provisions, including crops, actually provided for individual or family use sufficient for four (4) months;

(f) The professional libraries of doctors, engineers, lawyers and judges;

(g) Any material or article forming part of a house or improvement of any real property;

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