SUMMARY OF PROCEEDINGS UNDER THE LGC OF 1991 Period: Period:
REAL PROPERTY TAXATION Assessment Collection
VI. Collection of Real Property Tax (Treasurer's Office) 5 yrs from due date 5 yrs from receipt by TX of notice of assessment TREASURER Property Owner PREJUDICED PARTY 10 yrs fr DISCOVERY of fraud (administrative or judicial) or intent to evade payment NOTE: LGC of 1991 does not prohibit injunction against local tax MODES OF COLLECTION: collection cases. NIRC, however, explicitly provides that injunction is not available againstinternal revenue tax collection cases; 1. Administrative: (the assumption is TREASURER has issued a notice of assessment)
Lien on the real property
Distraint of eprsonal property Levy of subject real property
2. Judicial ( civil/criminal case)
Civil Case in ordinary courts
If court of origin is MTC/METC/MCTC RTC CTA MTC,METC,MCTC, prejudiced within Metro P 400 THOUSAND MORE THAN P 400 party appeals to RTC (15 days), Manila AND BELOW THOUSAND PESOS File Answer, then to CTA EN BANC( 30 1M AND ABOVE otherwise, LGU days), then to SC (15 days); EXCLUSIVE OF presents evidence If court of origin is RTC, PENALTIES, ex-parte; prejudiced party appeals to CTA outside of Metro P 300 THOUSAND MORE THAN P 300 AND DIV (15 days), then to CTA EN Manila AND BELOW THOUSAND PESOS SURCHARGES BANC (30 days), then to SC (15 days);
Criminal Case in ordinary courts
File counter- affidavit before If court of origin is Criminal Case first filed before the Fiscal, and in case of findings of probable cause, Fiscal. Trial MTC,METC,MCTC, prejudiced fiscal files information in ordinary courts proceeds in court party appeals to RTC, then to with TX as CTA EN BANC (30 days) , then accused; to SC(15 days); If If with specified amount, the jurisdiction of courts in criminal cases is determined as follows: court of origin is RTC, prejudiced MTC/METC/MCTC RTC CTA party appeals to CTA DIV (30 days), then to CTA EN BANC within Metro P 400 THOUSAND MORE THAN P 400 (15 days), then to SC (15 Manila AND BELOW THOUSAND PESOS 1M AND ABOVE EXCLUSIVE OF days) ; If court of origin is PENALTIES, AND SURCHARGES CTA, appeal to CTA En BAnc outside of Metro P 300 THOUSAND MORE THAN P 300 (30 days), then SC (15 days); Manila AND BELOW THOUSAND PESOS If court of origin is If without specified amount, the jurisdiction of courts in criminal cases is determined as follows: MTC,METC,MCTC, prejudiced party appeals to RTC, then to MTC/METC/MCTC RTC CTA CTA EN BANC (30 days) , then to SC (15 days); If penalty is more court of origin is RTC, prejudiced within or outside penalty is 6 yrs and 1 party appeals to CTA DIV (15 than 6 yrs and 1 no jurisdiction of Metro Manila day and below days) , then to CTA EN BANC day (30 days), then to SC (15 days);
Ron Matusalem & Matusa of Florida, Inc., a Florida Corporation, Plaintiff-Counterdefendant v. Ron Matusalem, Inc., a Corporation of the Commonwealth of Puerto Rico, and United Liquors Corporation, a Florida Corporation, Defendants-Counterplaintiffs, Manuel A. Guarch, Jr. And Luisa Alvarez Soriano, Counterdefendants, 872 F.2d 1547, 11th Cir. (1989)