Further Amending Paragraph 7 Of Presidential Decree No. 76 DatedDecember 6, 1972 Requiring All Persons, Natural Or Juridical Owning Or Administering Real Property, Including The Improvement

MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 434 April 8, 1974

FURTHER AMENDING PARAGRAPH 7 OF PRESIDENTIAL DECREE NO. 76 DATED DECEMBER 6, 1972 REQUIRING ALL PERSONS, NATURAL OR JURIDICAL OWNING OR ADMINISTERING REAL PROPERTY, INCLUDING THE IMPROVEMENTS THEREON, TO FILE SWORN STATEMENT OF THE TRUE VALUE OF SUCH PROPERTY, AS AMENDED BY PRESIDENTIAL DECREE NO. 261 DATED AUGUST 2, 1973, AND FURTHER AMENDED BY PRESIDENTIAL DECREE NO. 304 DATED OCTOBER 2, 1973

WHEREAS, in order to enable the Central Board of Assessment Appeals to expeditiously decide appeals from the decisions of the Provincial or City Board of Assessment Appeals involving contested assessments of real properties, the necessary complement of qualified and competent personnel should be provided therefor;

WHEREAS, the anticipated volume of such appealed decisions will require a reasonable statutory period for the Board to judiciously decide the same;

WHEREAS, there is an urgent need to adequately fund the expenses of the Central Board of Assessment Appeals incidental to the discharge of its functions;

NOW, THEREFORE, I, FERDINAND E. MARCOS,...

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Summary of Presidential Decree No. 434

Amending Paragraph 7 of Presidential Decree No. 76
• Outlines the process for appealing real property assessments. (Section 1)
- The Provincial or City Board of Assessment Appeals must decide appeals within 120 days of receipt.
- Decisions must be based on substantial evidence presented at the hearing or contained in the record.
- Unsatisfied parties can appeal to the Central Board of Assessment Appeals within 30 days of receiving the decision.
- The Central Board of Assessment Appeals is composed of the Secretaries of Finance (Chairman), Justice, and Local Government and Community Development.
- The Central Board's decision is final.
- Appeals do not suspend the collection of the assessed realty tax, which will be adjusted based on the appeal decision.

Establishing a Board of Commissioners and Staff for the Central Board of Assessment Appeals (Section 1)
• Positions and annual salaries:
- 1 Central Board Chief Hearing Commissioner @ P17,400
- 4 Central Board Hearing Commissioners @ P16,200 each
- 1 Central Board Secretary @ P9,600
- 4 Central Board Stenographers @ P6,600 each
- 3 Central Board Docket and Filing Clerks @ P14,400
• Additional positions may be created as deemed necessary by the Central Board.
• Appointments to certain positions are exempt from Civil Service requirements and salary standardization.
• Government retirees can be appointed without reimbursing gratuities or suspending pensions.
• Commissioners must be lawyers, civil engineers, or mechanical engineers with at least 5 years of assessment work experience.
• The Secretary of Finance, as Chairman, shall appoint the Commissioners and Staff.

Appropriations (Section 1)
• P125,000 is appropriated for the Central Board's operations from April 1, 1974 to June 30, 1974.
• Subsequent fiscal years' funding shall be included in the Department of Finance's appropriation.

Effective Date (Section 2)
• This Decree takes effect immediately.