Suppletory Application of the Rules of Court
- In the absence of applicable provisions, the Revised Rules of Court may be applied supplementarily.
- Technical rules of evidence not strictly adhered to.
Definitions
- "Central Board" refers to the Central Board of Assessment Appeals.
- "Local Board" refers to Boards of Assessment Appeals of provinces, cities, and municipalities, including Metropolitan Manila.
Composition and Quorum of the Central Board
- Composed of a Chairman and two Members appointed by the President for fixed terms.
- A majority of members constitutes a quorum.
- Majority vote of a quorum required for decisions, resolutions, or orders.
Location and Conduct of Business
- Central Board office is located at the EDPC Building, BSP Complex, Roxas Blvd., Manila.
- The Board may conduct hearings on appealed cases on dates and locations it designates, considering parties' interests.
Supervision Over Local Boards
- Central Board supervises local boards.
- Promulgates rules and regulations for local board proceedings.
Jurisdiction of the Central Board
- Has exclusive jurisdiction over appeals from Local Boards regarding contested real property assessments.
- Also handles claims for tax refunds, tax credits, or overpayments.
Appeals: Scope and Procedure
- Appeals cover decisions on contested assessments, tax refunds/credits, and protests against special levies.
- Any aggrieved party may appeal within 30 days of receipt of Local Board decision.
- Appeal initiated by filing a written notice and the appeal itself either with the Local Board or Central Board.
- Appeal must clearly state decision appealed from, date received, grounds, and supporting arguments.
- Appellee may file answer/comment within 10 days upon receipt of appeal.
- Local Board must transmit complete original case records within 10 days of appeal notification.
- Central Board Secretary dockets appeals, assigns case numbers by region (Luzon, Visayas, Mindanao).
- Payment of a docketing fee required based on tax assessment amounts; minimum fee fixed if amount unknown.
Effect of Appeal on Tax Collection
- Appeal does not suspend tax collection.
- Central Board may require appellant to file a bond guaranteeing payment if taxes remain unpaid, subject to approval.
Withdrawal of Appeal
- Appellant may withdraw appeal anytime before final resolution by written notice.
- Withdrawal entered in docket and parties notified.
- Withdrawal is treated as dismissal, halting further proceedings.
Decisions and Motions for Reconsideration
- Central Board must decide appeals within 12 months.
- Decisions become final 15 days after receipt by parties unless reconsideration is filed.
- Decisions must be in writing, signed by Board members, stating facts and legal basis.
- Final decisions entered into official records and original case files returned to Local Board.
- Only one motion for reconsideration allowed, filed within 15 days.
- Adverse party may oppose motion within 10 days.
- Motions and oppositions heard on next scheduled motion day or resolved if uncontested.
Parties and Pleadings
- Property owner/legal interest holder is Petitioner-Appellant or Petitioner-Appellee.
- Local Board is always Appellee.
- Assessor or Treasurer is Respondent-Appellant or Respondent-Appellee.
- Pleadings must be typewritten double-spaced on specified paper size.
- Citations indented one inch, typed single-spaced.
- Six copies of appeals/pleadings required.
Hearing Officers
- Three Hearing Officers appointed for Luzon, Visayas, and Mindanao, based in Manila, Cebu, and Cagayan de Oro respectively.
- Assist in adjudication and rule-making to expedite appeals.
- Upon Central Board direction, conduct hearings, receive new evidence, summon witnesses, take depositions, administer oath, and conduct ocular inspections.
- Reports with findings and recommendations must be submitted within 60 days after hearings.
Secretary of the Central Board
- Secretary keeps records, books, and minutes of proceedings.
- Papers filed bear receiving date stamp.
- Responsible for issuance and service of notices, orders, decisions.
- Prepares calendar of hearings and sessions.
- Issues certified copies of records on payment of standard fees; exemptions for assessors, treasurers, and qualified pauper litigants.
Repeal and Effectivity
- All inconsistent rules repealed or modified.
- These Rules take effect immediately upon adoption.