ORDINANCE NO: 2022-504 Co-sponsored by: Committee on Ways and Means & Committee on Laws, Rules and Policy Formulation "AN ORDINANCE PRESCRIBING THE AMOUNT OF ONE THOUSAND (P1,000.00) PESOS AS COST OF COLLECTION ON DELINQUENT REAL PROPERTY TAX INCLUDING THE EXPENSES OF ADVERTISEMENT AND SALE OF REAL PROPERTIES DUE FOR PUBLIC AUCTION PURSUANT TO SECTION 260 OF REPUBLIC ACT NO. 7160" WHEREAS, pursuant to Section 260 of RA 7160 otherwise known as the "Local Government Code of 1991, the Local Treasurer may, by ordinance duly approved, advance an amount sufficient to defray the costs of collection including the expenses of advertisement and sales; WHEREAS, it is deemed expedient to recover the costs of collection including the expenses of advertisement and sales of the delinquent real properties incurred by the City Government of Pagadian to comply with the administrative requirements and procedures of public auction; NOW, THEREFORE, the Sangguniang Panlungsod of the City of Pagadian in session assembled do ordain, as it hereby ordains that: Section 1. SHORT TITLE. -- This Ordinance shall be known as "Pagadian City Delinquent Real Property Cost of Sale Ordinance." Section 2. DECLARATION OF POLICY. -- It is the declared policy of the City Government of Pagadian to advance the sufficient cost of sale incurred in compliance with the administrative requirements and procedures set forth in RA 7160 leading to the conduct of public auction of delinquent real properties; Section 3. DEFINITION OF TERMS. -- For purposes of this Ordinance, the following terms shall be construed as stated: Cost of Sale - refers to all expenses directly incurred in complying the administrative requirements and procedures of public auction for the disposal of delinquent real properties. This includes, but not limited to the expenses incurred in posting and publication of notices of delinquent real properties, mailing of warrant of levy, publication of notices of public auction. Delinquent Real Property - refers to the basic real property or any other tax levied pursuant to Title II of Local Government Code that remains unpaid after the expiration of the periods as provided in Section 250 of the Local Government Code. Public Auction - refers to the administrative remedy of the local government unit to publicly auction the delinquent real properties pursuant to Section 260 of the Local Government Code. Section 4. AMOUNT OF THE COST OF COLLECTION INCLUDING THE EXPENSES OF ADVERTISEMENT AND SALE. -- There is hereby prescribed cost of collection per delinquent real property tax in the amount of One Thousand Pesos Only (P1,000) including the expenses of advertisement and sale of real property due for public auction. Section 5. MANNER OF PAYMENT. -- To satisfy the provision of this Ordinance, the payment of the cost of collection including the expenses of advertisement and sale as well as the total amount of delinquent tax and the interest thereon shall be made as follows, to wit: 5.a. At any time before the date fixed for the sale, the owner of the real property or person having legal interest therein may stay the proceedings by paying the delinquent tax, the interest due thereon and the expenses of sale to the City Treasurer; 5.b. The total cost of collection including the expenses of advertisement and sale as well as the total amount of delinquent tax and the interest due thereon shall automatically be deducted and/or withheld out of the proceeds of the sale; 5.c. The proceeds of the sale in excess of the delinquent tax, the interest due thereon, and the expenses of sale shall be remitted to the owner of the real property or person having legal interest therein. Section 6. SEPARABILITY CLAUSE. -- If for any reasons, any provision of this Ordinance is declared invalid or unconstitutional by a court or competent jurisdiction, the remaining parts thereof not affected thereby shall continue to be in full force and effect. Section 7. REPEALING CLAUSE. -- All Ordinances, Resolutions, Executive Orders, Memoranda and Administrative Regulations or part thereof in conflict or inconsistent with the provisions of this Ordinance are thereby repealed, amended or modified accordingly. Section 8. EFFECTIVITY CLAUSE. -- This Ordinance shall take effect fifteen (15) days after its publication for three (3) consecutive weeks in a newspaper of general circulation in Pagadian City. ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 116th Regular Session on 09 February 2022 conducted via Video Conferencing.