Sususco on balamban 'land scam': Assessors don't accept pay for real properties

CEBU, Philippines - It is not within the function of the municipal assessor’s office to accept payment from the public for whatever transaction with regard to real properties such as land, buildings and machineries.

This was clarified yesterday by Cebu Provincial Assessor Anthony Sususco following an alleged land scam allegedly committed at the municipal assessor’s office in Balamban.

The Local Government Code of 1991 provides that the Municipal Assessor’s Office exercises the function of appraisal and assessment primarily for taxation purposes of all real properties in his area of jurisdiction.

Sususco explained that in a transaction such as the transfer of a deed of sale, the taxpayer shall secure tax clearance from the Municipal Treasurer’s Office and the capital gain tax clearance from the Bureau of Internal Revenue. Once these clearances are complied with, the municipal assessor processes the documents of the taxpayer.

The taxpayer is obliged to go to the Provincial Treasurer’s Office to pay the transfer tax and the Provincial Assessor processes the documents.

“If there is mistake in the issuance of tax declaration, it should be returned to the previous land owner,” Sususco said.

He said the incident in Balamban doesn’t affect his office as the personnel involved are directly under the supervision of the municipal mayor.

Sususco’s statement corroborated that of BIR Regional Director Jose Tan who said earlier that the staff of the assessor's office is not allowed to accept cash transactions.

Tan said even BIR employees can't do that and only bank personnel are authorized to accept cash and process transactions like capital gains tax payments.

The anti-graft office is now looking into the alleged land scam wherein fake bank deposit slips were used to remit at least P3 million as tax payments for real estate sales.

Balamban municipal assessor Tita Yray and two of her staff, Sharee Melgar and Lucelle Agua, were identified in at least 100 transactions by lot buyers who had relied on them to remit payments of capital gains tax to the BIR.

Lot owners earlier went to the BIR office in Mandaue City where they discovered that the bank deposit slips in their possession as proof of payment are fake.

Mayor Stefan Ace Binghay called off the probe and referred it to the Civil Service Commission after getting complaints that the investigation he first conducted was suspected to be biased.   - (THE FREEMAN)