Question:
I am paying 12,523 pesos every month for my Statement of Account (SOA), which includes utilities and Real Property Tax (RPT) amounting to 2,225 pesos. Despite this, the City Treasures of Iloilo city are asking me to pay another RPT. It seems like double taxation, and I suspect the corporation is not remitting the RPT to the City Treasures office. Now, I am fined for late fees. What can I do about this situation under Philippine law?
Answer:
Verify the Breakdown of the SOA
The first step is to clarify the components of your monthly SOA. Check the details of the breakdown and ensure that the RPT is actually being included. Make sure you understand the terms and conditions stipulated in your lease or other contracts that specify who is responsible for the RPT payments.
Gather Evidence
Compile all the invoices, bills, and SOAs that indicate you have already been paying the RPT as part of your monthly payments. You may also consider securing an official statement or certification from the corporation you are dealing with, stating that the RPT is included in the monthly charges.
Engage with the Corporation
Speak to the management of the corporation to clarify why, despite your RPT payments, you are still being billed by the City Treasures of Iloilo city. Request for proof of remittance to see if the RPT you've paid has actually been forwarded to the local government.
Check with the City Treasurer
Consult with the City Treasurer's Office about the status of your RPT payments. Show them evidence that you've already been paying RPT through your SOA. They can confirm if the corporation has been remitting the said payments.
Legal Remedies
If it is proven that the corporation has not been remitting the RPT to the local government, you may file a formal complaint against them for non-remittance. You may also seek legal remedies, such as filing a case for estafa or fraud, depending on the circumstances.
Address the Late Fees
Concerning the late fees, consult the Local Government Code or municipal ordinances for Iloilo city. You can potentially contest the late fees if you can prove that you've been diligently making RPT payments through your SOA.
Double Taxation
If you are indeed being charged twice for the same tax, you might have a claim against double taxation. However, you would need to prove that the same property is being taxed twice, by the same taxing authority, in the same jurisdiction, for the same purpose, and during the same period.
Seek Legal Advice
Given the complexity and potential legal repercussions, it is advisable to consult a lawyer experienced in tax and property laws in the Philippines. They can provide tailored advice, assess the documentation, and guide you through the legal steps you can take.
Conclusion
The situation you are facing involves both tax and contractual obligations, and the onus is on you to ensure you are not being unfairly charged. If it is proven that the corporation has not been remitting the RPT as they should, they could be liable for violating Philippine laws. Make sure you seek professional advice to navigate this complex issue properly.