Amending Sections Three, Paragraphs (M); Six; Twenty; Eighty-Eight; Ninety And One Hundred Four Of Presidential Decree Numbered Four Hundred Sixty Four, As Amended, Otherwise Known As The R
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Amending Sections Three, Paragraphs (M); Six; Twenty; Eighty-Eight; Ninety And One Hundred Four Of Presidential Decree Numbered Four Hundred Sixty Four, As Amended, Otherwise Known As The R
Presidential Decree No. 1383
May 25, 1978
Case Overview and Summary
Summary of Presidential Decree No. 1383Definitions and Coverage (Section 1):
- Defines "machinery" to include machines, equipment, instruments, and facilities used for production, manufacturing, commercial, mining, industrial, or agricultural purposes, whether permanently attached or not.
Declaration Filing Requirement (Section 2):
- Requires any person acquiring real property or making improvements to file a sworn statement declaring the true value of the property within 60 days of acquisition or completion of improvements. (Section 6-A)
Assessment Levels (Section 3):
- Provides assessment levels for buildings, machineries, and other improvements based on market value and actual use:
• For buildings and other improvements, assessment levels range from 15% to 80% based on market value and type (residential, commercial/agricultural, industrial). (Section 20(c)1)
• For machineries, assessment levels are 60% for agricultural, 70% for residential, and 80% for commercial and industrial. (Section 20(c)2)
Tax Exemptions (Section 4):
- Exempts land acquired for dairy farms for 5 years from conversion. (Section 40(e))
- Exempts machinery of pioneer and preferred industries certified by the Board of Investments for the first 3 years of operation. (Section 40(e))
Assessor Qualifications and Appointments (Section 5):
- Specifies educational and experience requirements for provincial, city, and assistant assessors. (Section 88)
- Requires at least 5 years of assessment experience for provincial/city assessors, and 3 years for assistant assessors.
- Allows substitution of experience for educational requirements.
- Requires Civil Service eligibility.
Deputy Assessors (Section 6):
- Changes the title of "Municipal Deputy Assessor" to "Deputy Provincial and Municipal Assessor". (Section 90-A(a))
- Requires creation of Deputy Provincial and Municipal Assessor positions in all municipalities starting January 1, 1979. (Section 90-A(b))
- Specifies educational and experience requirements for Deputy Provincial and Municipal Assessors. (Section 90-A(c))
- Allows municipalities to create Assistant Municipal Assessor positions with specified qualifications. (Section 90-A(d))
Penalties (Section 7):
- Imposes a fine of up to ₱1,000 or imprisonment of up to 1 year, or both, for failure to file the required declaration of real property. (Section 104)
- Allows voluntary payment of a fine determined by the Secretary of Finance based on the assessed value of the property, without filing a case in court. (Section 104)
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Executive Issuances
Presidential Decrees
real property tax
assessment levels
machinery
improvements
assessor qualifications
deputy assessors
declaration filing
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Law
Amending Sections Three, Paragraphs (M); Six; Twenty; Eighty-Eight; Ninety And One Hundred Four Of Presidential Decree Numbered Four Hundred Sixty Four, As Amended, Otherwise Known As The R
Presidential Decree No. 1383
•May 25, 1978
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 1383
AMENDING SECTIONS THREE, PARAGRAPHS (m); SIX; TWENTY; EIGHTY-EIGHT; NINETY AND ONE HUNDRED FOUR OF PRESIDENTIAL DECREE NUMBERED FOUR HUNDRED SIXTY FOUR, AS AMENDED, OTHERWISE KNOWN AS THE REAL PROPERTY TAX CODE.
WHEREAS, in the implementation of the Real Property Tax Code enacted under P.D. 464, as amended, certain common problems and difficulties are encountered in the proper classification, appraisal, and assessment of real property, particularly building, other improvements, and machinery;
WHEREAS, in order to enhance the establishment of an updated and more responsive system of valuation for taxation purposes, it has become necessary to provide more realistic levels of assessment for the various types of real property;
WHEREAS, there is a continuous need to upgrade and professionalize the local government assessment service to promote higher standards of performance efficiency;
WHEREAS, in order to meet the requirements of prevailing conditions, it is imperative to amend the pertinent provisions of the Real Property tax Code.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue...
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