REAL PROPERTY TAXATION

 
Real property tax is a direct tax on ownership of lands and buildings or other improvements
thereon not specially exempted, and is payable regardless of whether the property is used or not,
although the value may vary in accordance with such factor.
NOTE: Real property tax is a fixed proportion of the assessed value of the property being taxed
and requires, therefore, the intervention of assessors.
 
The present law on real property taxation (R.A. 7160, LGC) adopts actual use of real property as
basis of assessment (Sec. 199[b], LGC), even if the user is not the owner (Province of Nueva
Ecija v. Imperial Mining Co., Inc. G.R. No. 59463, November 19, 1982).
 
FUNDAMENTAL PRINCIPLES GOVERNING REAL PROPERTY TAXATION
 
1. Real property shall be appraised at its current and fair market value.
2. Real property shall be classified for assessment purposes on the basis of its actual use.
(Doctrine of Usage)
 
NOTE: Actual use refers to the purpose for which the property is principally or predominantly
utilized by the person in possession of the property.
 
3. Real property shall be assessed on the basis of a uniform classification within each
LGU
4. The appraisal, assessment, levy and collection of real property tax shall not be let to
any private person.
5. The appraisal and assessment of real property shall be equitable (Sec. 197, LGC).
 
NOTE: Real Property shall be classified, valued and assessed on the basis of its actual use
regardless of where located, whoever owns it and whoever uses it (Sec. 217, LGC).

NATURE OF REAL PROPERTY TAX

 
• Real property tax is a kind of tax levied by the local government on properties and should be
paid by property owners.  Properties that are taxable include land, building, improvements on the
land and/or the building, and machinery. 
• A tax on property.
• It cannot be passed on.
• Extends to machineries and improvements.
• Imposed upon the owners of the real property making the owner under obligation to pay the
same based on actual use.
• It is based on real property valuation.
• Real property tax rates at 1% to 2% of assessed value. (The real property tax rate for Metro
Manila, Philippines is 2% of the assessed value of the property, while the provincial rate is 1%.)
• Real property tax for the calendar year naccrues on the very start of the year – January 1.
 
Characteristics:
1. Direct tax: Based on the ownership of the real property
 2. Ad Valorem: The value is based on the specific tax base
3. Proportionate: The tax is calculated in the basis of certain percentage of the assessed
value
4. Indivisible: Deemed single obligation
5. Local tax: Collection by the LGUs

IMPOSITION OF REAL PROPERTY

Power to Levy
Local governments in the Philippines are vested with the power to create their own revenue
sources. Such power must of course be exercised within the limitations set by law. The Local
Government Code of 1991 allocated the taxing powers among local government units to prevent
double and multiple taxation. A ceiling on the tax rates is also provided under the law. National
policy thus sets the tax base (and the valuation rules) as well as the limits for tax rates.

The power to impose the real property tax has been given to provinces, cities, and municipal
governments. The tax applies to all forms of real property such as land, building, improvements,
and machinery. The base of the tax, or the assessment level, is only a fraction or a percentage of
the market value of the land. The under-taxation of land is therefore built into the tax structure.
Under the principle of fiscal autonomy, assessment levels and tax rates can vary among different
local government units (LGUs) as long as they are within the ceilings that are prescribed under
the law.
 
Exemptions: The following are exempted from payment of the Real Property Tax:
a. Real property owned by the Republic of the Philippines or any of its political
subdivisions, except when the beneficial use thereof has been granted, for consideration
or otherwise, to a taxable person;
b. Charitable institutions, churches, parsonages, or convents appurtenant thereto,
mosques, non-profit or religious cemeteries, and all lands, buildings, and improvements
actually, directly, and exclusively used for religious, charitable or educational purposes;
c. All machineries and equipment that are actually, directly and exclusively used by local
water districts and government owned or–controlled corporations (GOCCs) engaged in
the supply and distribution of water and/or generation and transmission of electric power;
d. All real property owned by duly registered cooperatives as provided for under RA
6938; and
e.  Machinery and equipment used for pollution control and environment protection.

Note: Except as provided in the LGC, any exemption from the payment of RPT previously
granted to or presently enjoyed by, all persons, whether natural or juridical, including all GOCCs
were withdrawn upon the effectivity of the LGC.

COLLECTION OF REAL PROPERTY

DATE OF ACCRUAL – Every 1st day of January (Sec. 246, Local Government Code)
 
PERIODS TO COLLECT
General Rule: Within 5 years from the date the taxes become due.
 Exception: In case there is fraud or intent to evade payment of tax, within 10 years from
discovery of fraud or intent to evade payment (Sec. 270, Local Government Code)

Grounds for suspension of prescriptive period

1. The local treasurer is legally prevented from collecting the tax;
2. The owner of the property or the person having legal interest therein requests for
reinvestigation and executes a waiver in writing before the expiration of the period to
collect; and
3. The owner of the property or the person having legal interest therein is out of the
country or cannot be located. [Sec. 270, LGC]
 
RULES ON PAYMENT
 
• Payment of RPT
1. Payment of RPT and the additional tax for SEF, without interest, may be made in 4
equal installments:
• 1st: March 31
• 2nd: June 30
• 3rd: September 30
• 4th: December 31
 
2. Any special levies shall be governed by ordinance of the Sanggunian concerned. [Sec.
250, LGC]
 
Note: Payments of RPT shall first be applied to prior years’ delinquencies,  
nterests and penalties, if any, and only after the delinquencies are settled may tax
payments be credited for the current period. [Sec. 250, LGC]  
 
• Interests on unpaid RPT
Interest at the rate of 2% per month on the unpaid amount or a fraction thereof until the
delinquent tax shall have been fully paid, but the total interest shall not exceed 36 months
[Sec. 255, LGC]
 
• Discount for advance or prompt payment
1. Advance payment – not exceeding 20% of annual tax due [Sec. 251, LGC]
2. Prompt payment – not exceeding 10% of annual tax due [Art. 342, LGC IRR]
 
REMEDIES OF LOCAL GOVERNMENT UNITS
 
Issuance of notice of delinquency
When the real property tax becomes delinquent, the local treasurer shall post a notice of
delinquency at the main hall and in a publicly accessible and conspicuous place in each
barangay of the LGU concerned. [Sec. 254, LGC]
 
1. Local Government’s Lien
 The RPT shall constitute a lien on the property subject to tax, superior to all liens,
charges or encumbrances in favor of any person, irrespective of the owner or possessor
thereof, enforceable by administrative or judicial action and may only be extinguished
upon payment of the tax and the related interests and expenses. [Sec. 257, LGC]
 
It constitutes a lien on the property from the date of accrual (i.e., January 1) [Sec. 246,
LGC].
 
2. Administrative Action
 
1. Levy on real property
a. After expiration of the time required to pay the tax when due, the local treasurer
shall issue a warrant of levy on or before, or simultaneously with, the institution
of the civil action for the collection of the delinquent tax.
b. The warrant shall include a duly authenticated certificate showing:
1. the name of the owner or person having legal interest therein,
2. description of the property, and
3. 3. amount of the tax due and interest thereon.
c. Warrant must be mailed to or served upon the delinquent owner or person
having legal interest in the property.
d. Written notice of levy with the attached warrant must be mailed to or served
upon the assessor and the Register of Deeds where the property is located.
e. The Register of Deeds must annotate the levy on the tax declaration and
certificate of title.
f. The levying officer shall submit a report on the levy to the Sanggunian within
10 days after receipt of warrant by the owner. [Sec. 258, LGC]
g. Advertisement of the sale or auction shall be made within 30 days after service
of warrant.
h. Before the date of sale, the proceedings may be stayed by paying the delinquent
tax.
i. Sale of the real property [Sec. 260, LGC]
j. Redemption of property sold within 1 year from date of sale upon payment of
the delinquent tax [Sec. 261, LGC]
k. If not redeemed, the local treasurer shall execute a deed conveying the property
to the purchaser. [Sec. 262, LGC]
l. Purchase of property by local treasurer in case there is no bidder for the real
property or if the highest bid is insufficient to pay the RPT and other costs; resale
of such property may be made at a public auction [Sec. 263 and 264, LGC]
 
NOTE: Further levy until full payment
Levy may be repeated if necessary until the full due, including all expenses, is collected.
[Sec. 265, LGC]
 
2. Distraint of personal property
The notice of delinquency shall state that personal property may be distrained to effect
payment. It shall likewise state that any time before the distraint of personal property,
 payment of the tax with surcharges, interests and penalties may be made. [Sec. 254,
LGC]
 
3. Judicial Action
The LGU concerned may enforce the collection of the basic RPT or any other related tax
by civil action in any court of competent jurisdiction. The civil action shall be filed by the
local treasurer within the period prescribed for collection (i.e., 5 years or 10 years) under
Sec. 270 of the LGC. [Sec. 266, LGC]

TAX PAYERS REMEDIES

A. Contesting an assessment
a. Payment under protest; exceptions - Ataxpayer may file a protest within 60days from
receipt of assessment[Sec. 252, LGC]

NOTE: Unlike in Real Property Tax, for Local Business Taxes, the payment under protest is not
necessary.

b. File protest with treasurer - The protest must be done within 30 days and it will be lodged
to the provincial, city or municipal treasurer. To be entertained, the tax must first be paid.

c. Refunds or credits of real property taxes - A taxpayer may claim for refund or credit
within 2 years from the date they are entitled thereto.[Sec.196, LGC]

B. Contesting a valuation of real property

Appeal to the local board of Assessment appeals, and Central Board of Assessment - A
taxpayer may appeal to the Board of Assessment appeals should they be not satisfied with
the action of the provincial, city or municipal assessor in the assessment of their property.
[Sec.226, LGC]

Appeals to the Central Board of Assessment Appeals - Appeal to CBAA is available

within 39 days from receipt of decision of LBAA to CBAA [Sec.230, LGC]

a. Effect of payment of taxes - It will suspend the collection of the corresponding realty
taxes on the property without prejudice to subsequent adjustment depending upon the
final outcome of the appeal. [Sec. 231, LGC]