Law Summary
Purposes of the Act
- Establish Philippine Valuation Standards (PVS) to govern property valuation.
- Use market value as the basis for real property tax assessments and government transactions.
- Enhance fiscal autonomy of local government units (LGUs) through improved revenue generation.
- Separate valuation functions from tax policy formulation and tax administration.
- Maintain an up-to-date electronic database of real property transactions.
- Promote transparency and protect privacy according to RA 10173 (Data Privacy Act).
- Encourage digital technology adoption in local tax administration and property transactions.
Key Definitions
- Appraiser: Qualified and licensed individual conducting valuations.
- Assessed Value: Market value multiplied by assessment level.
- Assessment: Process including property appraisal for taxation.
- Assessment Level: Percentage applied to market value to determine taxable value.
- Assessor: Licensed appraisers employed by LGUs performing valuations.
- Building, Machinery, Improvement: Defined as physical structures and additions relevant to valuation.
- Market Value: Estimated price in an arm’s length, willing buyer-seller transaction.
- Philippine Valuation Standards: National standards based on international guidelines approved by DOF.
- Schedule of Market Values (SMV): Tables of base market values prepared by assessors for LGUs.
- Real Property: Ownership rights and interests in land and attached structures.
Bureau of Local Government Finance (BLGF) Powers and Functions
- Lead implementation of the Act provisions.
- Develop, adopt, maintain PVS and ensure compliance.
- Review and certify SMVs prepared by local assessors.
- Provide technical assistance and policy leadership to LGUs.
- Maintain a roster of licensed appraisers and assessors.
- Develop a comprehensive electronic real property transaction database.
- Supervise assessors and collect reasonable fees related to Real Property Information System (RPIS).
- Perform other necessary functions related to real property valuation.
BLGF Reorganization and Real Property Valuation Service
- BLGF headed by an Assistant Secretary.
- Establishment of the Real Property Valuation Service (RPVS) within BLGF with regional counterparts.
- Real Property Valuation Unit (RPVU) created under local assessors’ offices in provinces, cities, and optionally municipalities.
Central Consultative Committee
- Forum for adopting international valuation standards and handling valuation matters.
- Chaired by BLGF head; members include BIR, DENR, BSP, government assessors, private appraisers, real estate sector representatives.
- Meets at least bi-annually; BLGF serves as Secretariat.
Regional BLGF Operations and Regional Consultative Committee
- Regional Offices implement and supervise regional valuation policies and SMVs.
- Regional Committee chaired by BLGF Regional Director with representatives from BIR, DENR, assessors, private sector, bankers, local government leagues.
- Committee meets quarterly to discuss local market developments and valuation issues.
Valuation Standards and Market Value
- BLGF to develop uniform valuation standards aligned with International Valuation Standards (IVS).
- Real properties valued based on prevailing market values and PVS compliance.
- Depreciation considered in valuing depreciable assets.
Schedule of Market Values (SMV) Preparation and Approval Process
- Local assessors prepare SMVs within 12 months after BLGF notice.
- Mandatory two public consultations prior to SMV submission.
- Regional BLGF reviews and endorses SMVs to BLGF Central or Secretary of Finance.
- Secretary of Finance certifies SMVs for official use; can remand SMVs for revision if not compliant.
- Approved SMVs published and take effect 15 days after publication.
Use and Updating of SMVs
- SMVs serve as basis for tax assessment, classification, and determination of various real property taxes.
- Internal Revenue Commissioner to use higher of SMV or actual selling price for tax computation.
- SMVs updated every three years, with initial update within two years of Act’s effectivity.
- Provisions for revision due to market changes, calamities, or emergencies with suspension mechanisms.
Capacity Building and Training
- BLGF to coordinate with Philippine Tax Academy to train assessors and local officials on valuation standards and SMV preparation.
Development and Maintenance of Real Property Market Database
- BLGF to maintain updated electronic database of real property transactions, prices, and costs.
- Mandatory document submission from registers of deeds, notaries, BIR, surveyors, and LGUs.
- DBICT to provide free ICT support to LGUs for automation and data management.
- Full automation of all LGUs’ real property systems mandated within two years.
Register of Deeds and Data Transmission Duties
- Registers of deeds to submit quarterly real property abstracts and monthly transaction copies free of charge to assessors.
- Relevant officials to electronically transmit real property transaction data quarterly to BLGF.
Appointment of Assessors
- Local chief executives appoint assessors and assistant assessors from a list of top three ranked eligible candidates per civil service and Real Estate Service Act rules.
Penal Provisions for Violations
- Government officials failing to provide data, adhere to valuation standards, or timely prepare SMVs face fines, suspension, or both.
- Unauthorized processing or disclosure of property information punished under Data Privacy, Cybercrime, and relevant laws.
- Other violations subject to applicable laws.
Transitory Provisions
- LGUs updating SMVs at Act’s effectivity continue process with BLGF coordination.
- Delinquent real property tax amnesty granted for penalties and surcharges, excluding properties auctioned, under compromise, or pending court cases.
- For first year of new SMV effectivity, tax increases capped at 6% per tax type with LGUs allowed to set caps for subsequent years.
Funding and Budget
- Local Sanggunian to allocate funds annually for SMV updating and real property tax administration.
- Secretary of Finance to provide subsidies to third and lower income class LGUs.
Miscellaneous Provisions
- Initial implementation funded from current government funds; future funding included in annual budgets.
- BLGF to report annually to Congressional Tax Reform Committee.
- Concurrent application of existing consistent laws.
- DOF to promulgate implementing rules within 3 months; non-promulgation does not delay implementation.
- Separability clause ensures continued validity if part declared unconstitutional.
- Repeals and amends inconsistent provisions in Local Government Code, Administrative Code, National Internal Revenue Code, and other laws.
Effectivity
- Act takes effect 15 days after publication in Official Gazette or newspaper of general circulation.