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Writer's pictureLeonora Lo-oy

‘...hindi niyo pagbabayarin ng real property tax ang XRC, oo o hindi?' - Comafay to Mayor Estrañero


Tabuk City, Kalinga – Attorney Errol Comafay Jr. asked if the city government of Tabuk will not really charge XRC Mall Developer for real property tax, as stated on the contract of lease signed between the two.


Comafay, during the press forum this October 21, reiterated that through SP Resolution No. 018 which was passed last February 10, 2020, to authorize Mayor Darwin Estrañero to enter into a Contract of Lease with XRC Mall Developer Inc., the council members included, among their conditions, that the XRC mall shall pay real property tax on the building to the LGU during the lease period.


The lawyer also mentioned that in the Manila International Airport Authority VS City of Paranaque, the Supreme Court stated that even the government owned the lot but when it is used by a non-tax-exempt individual, the latter will have to pay real property tax.

Comafay's question


“Paki-linaw uli apo mayor, sinasabi ninyo na talagang hindi ninyo pagbabayarin ng real property tax ang XRC para sa lupang gagamitin nila at sa mga building na itatayo nila, pakisagot po, oo o hindi?” Comafay, in his final question, asked.


Estrañero's response


In response, Mayor Darwin Estrañero said that there were 5 lawyers who are members of the Sangguniang Panlungsod and that the SP is there to study and review contracts being furnished to them for approval.


“Lima met nga abogado iti adda idiay konseho, inadal da dagita. Di in-submit da dagita nga proposal da, inpaadal tayo iti konseho, inadal da met dayta nu anya nga rason apay nga in-approve-an da,” he answered, adding that the wisdom of the Sangguniang Panlungsod should not be undermined.


“Isu ngarud nga inted tayo kanyada ta adalen da nu ustu met daytoy proposal. Haan tayo met mabalin nga maki-enter iti contract, dayta kondisyones, nu haan nga adalen iti Sangguniang Panlungsod,” he added.

Comafay's take of the Mayor's answer


“Hindi niyo po nasagot ‘yung tanong ko. Ang tanong ko lang po –,” Comafay countered but was cut off by Estrañero who said, “Nasagot ko yun. Sinabi ko nga nasa sanggunian yan, sila ang nag-approve.”


Meantime, Councilor and Attorney Zorayda Wacnang, who is among the 3 council members who didn’t affix their signature on the ratification of the contract, revealed that among the reasons she didn’t sign is that some of the SP conditions in their resolution were not included in the lease contract provided to them.


Wacnang also asked for a final, signed, and notarized copy of the contract of lease between Tabuk LGU and XRC Developer.


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