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VOL. LII No. 49
City of Tagbilaran, Bohol, Philippines
Wednesday, November 1, 2006

LINKS
FRONT PAGE STORIES
Lawmakers slam statute
 on minors
MGB blacklists violators
 of environmental ruling
Living pay homage to
 departed
LGUs can still claim share
 of excise tax
OPINION
Obiter Dictum
A Look At Life
Fr. Roy Cimagala
LINKS


 

 


 

 

 

 

 

 

 
 

LGUs can still claim
share of excise tax

By RIC V. OBEDENCIO

  
 

Beleaguered local government units (LGUs), dependent on the national government's "controlled" internal revenue allotment (IRA), can still ask their fair share of excise tax and even the so-called occupation tax derived from sand and gravel and quarry operations.

This was stressed by the Mines and Geo-sciences Bureau (MGB) during the capability building seminar last week as a response to clamor that LGUs are left with no choice and inequitable share in the extraction operations in the province.

   

The Bohol Environment Management Office (BEMO) and MGB led by BEMO officer Engr. Rene Villaber and Engr. Raul de Dios, respectively, organized the activity participated in by law enforcers of the provincial government to provide them know-how in enforcing the environmental laws. It was held at Jjs Dimsum along CPG Avenue in this city.

The existing scenario is that LGUs can only have their fair share from the extraction tax derived from sand and gravel and small-scale mining operations in public lands but they receive none from those conducted in private lands.

Based on this, the barangay and municipality where the quarry operation is located have 40% and 30% share of extraction tax, respectively. The province gets the remaining 30% share pursuant to section 138 of the Local Government Code (LGC) or RA 7160.

But still LGUs are dissatisfied with this. They still wanted to claim of their tax share from those in private lands.

Despite this predicament, MGB pointed out that LGUs may still assert to claim their share of excise tax from quarry operations based on sections 289, 290 of the LGC so that they may have additional incomes.

It was learned however that most of the LGUs are doubtful if they can do so or may not be aware that there is such excise tax share for them and some failed to ask for it.

Aside from this, LGUs may also insist for their occupation tax share also based on LGC and DENR Department Administrative Order No. 96-40. "Thirty percent of the occupation fees collected from permittees/constractors in onshore mining areas shall accrue to the province and 70% to the municipality where the onshore mining areas are located. In a chartered (independent) city, the full amount (100%) accrue to the city concerned."

One of the outputs of the workshop proposes that the province may give out share of the environment tax from quarry operations with the barangays and municipalities.

Meanwhile, the Provincial Treasurer's Office (PTO) through collection officer Belen B. Fuentes expects to collect more than P4 million of extraction taxes including fees and charges imposed on permittees by the end of the year.

She said PTO is optimistic to attain this goal based on its performance collection. As of September 30, 2006, PTO hauled a total of P3,229,043.44 from extraction and environment tax including fees and charges. It netted a total of P2,644,856.08 as its share.

A total of P333,821.35 went to barangay shares and P250,366.04 to the municipalities where the extraction activities are located.

Fuentes said that the increase in collections this year was attributed to extensive enforcement.

 
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