SC stops QC garbage fee, social housing tax

MANILA, Philippines - The Supreme Court (SC) has stopped the Quezon City government from collecting garbage fee and social housing tax from its constituents.

In a resolution released yesterday, the SC’s Third Division issued a temporary restraining order (TRO) enjoining the implementation of the local government’s ordinance imposing new fees on residents of the city.

The high tribunal issued the order upon a petition of Jose Ferrer Jr., a resident of Kamias Road who questioned the legality of the new schemes set to be implemented this year.

The SC also required respondents Mayor Herbert Bautista, the city council, city treasurer and city assessor, to answer the petition by filing a comment – not a motion to dismiss – within 10 days from receiving the notice.

It clarified, however, that the TRO was issued “without giving necessary due course (to the petition).”

Bautista said yesterday that the city government respects the SC’s decision.

“We believe in the wisdom of the Honorable Court, the integrity of the magistrates,” he said in a text message to The STAR.

Bautista said the city have yet to receive the official transmittal of the TRO, and said they would submit the city’s pleadings as soon as official documents are obtained.

Ferrer filed his petition last Jan.17, arguing that the new garbage fee and social housing tax being imposed by the city government are unnecessary impositions for basic social services.

Double taxation?

Ferrer alleged that the ordinance signed by Bautista on Dec. 26 is a form of double taxation since the collection of garbage is a primary duty of local governments funded by taxes collected from residents and the share from the Internal Revenue Allotment.

He also questioned the constitutionality of the 2011 ordinance that imposed a 0.5 percent annual realty tax on property worth over P100,000, which was used as basis for the new measure.

Under the assailed ordinance, a yearly garbage fee ranging from P100 to P500 will be collected on each household in the city depending on the size of their lot, apartment or condominium units. The payment will be due every January along with the real property tax.

Owners of land with less than 200 square meters will have to shell out P100 and P500 for those with lot areas of 1,501 to 2,000 square meters or more.

Residents of social housing and condominium units will be meted a P25 tax if their units have a floor area of less than 40 square meters. Those living in units with floor area of 151 to 200 square meters will have to pay P200.

The city government has defended the move to collect garbage fee, saying that it would help the city’s finances considering that it is shelling out more than P1 billion a year for trash collection and maintenance of the city’s landfill in Payatas.