BACOLOD City – The Regional Trial Court (RTC) Branch 48 has issued a certificate of finality affirming the resolution that denied former mayor MonicoPuentevella’spetition for certiorari in relation to a dismissed case contesting a city ordinance.
City Ordinance (CO) 827 updated the schedule of market values of real properties in the city. It also provides rules for real property tax administration in Bacolod.
The RTC also denied Puentevella’s appeal for prohibition with prayer for temporary restraining order (TRO) and/or issuance of writ of preliminary injunction under Civil Case No. 18-15070.
The former mayor lodged the case against Mayor EvelioLeonardia, SangguniangPanlungsod members, City Assessor MaphilindoPolvora, and City Treasurer Giovanni Balalilhebefore the RTC on Jan. 23 this year.
He said CO 827 is “primarily unconstitutional, exorbitant, excessive, unequal, and untimely due to the implementation of the national government of Republic Act 10963, or the Tax Reform for Acceleration and Inclusion law.”
On Jan. 29, the RTC issued a resolution dismissing the case for lack of merit.
According to City Legal Officer JoselitoBayatan, the Jan. 29 resolution of the RTC became “final and executory” on Feb. 15 after Puentevella failed to file any legal action against it.
Judge Rosario Ester Orda-Caise of RTC Branch 48 said Puentevella did not comply with the formal requirements of the petition under sections 1 and 4 of Rule 65 of the Revised Rules of Court – particularly failing to attach certified copies of the contested ordinance.
Puentevella also failed to state that the ordinance was published on Nov. 14, 2017, which was only learned during a Jan. 26 clarificatory hearing.
Orda-Caise said this means that 60-day period to file any action had already lapsed, adding, “As to whether a petition for certiorari is the proper action to assail the constitutionality of the ordinance, the answer is no.”
She added that the “appropriate action to declare a law, statute, regulation, or local ordinance as unconstitutional is to file for an action for declaratory relief under Rule 63 of the Revised Rules of Court.”/PN
