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Accrual of taxes
Unless otherwise provided in the Code, all local taxes, fees and charges shall accrue on the first
day of January of each year.
New taxes, fees or charges, or charges in the rates thereof, shall accrue on the first day of the
quarter of the next following the effectivity of the ordinance imposing such new levies or rates.
[Section 166, Local Government Code]
Taxes shall be paid within the first twenty (20) days of January or of each subsequent quarter,
as the case may be.
The sanggunian concerned may, for a justifiable reason or cause, extend the time for payment
of such taxes, fees, or charges without surcharges or penalties, but only for a period not
exceeding six (6) months. [Section 165 and 167, Local Government Code]
Local taxes, fees, charges and other revenues constitute a lien, superior to all liens, charges or
encumbrances in favor of any person, enforceable by appropriate administrative or judicial
action, not only upon any property or rights therein which maybe subject to the lien but also
upon property used in business, occupation or calling, or exercise of privilege with respect to
which the lien is imposed.
The lien is extinguished upon payment of the tax, fee or charge, including the interest and
surcharges. [Section 173, Local Government Code]
Period of assessment
Local taxes, fees, or charges shall be assessed within five (5) years from the date they became
due. [Section 194(a), Local Government Code]
In case of fraud or intent to evade the payment of taxes, fees, or charges, the same may be
assessed within ten (10) years from discovery of the fraud or intent to evade payment. [Section
194(b), Local Government Code]
Period of collection
Local taxes, fees, or charges may be collected within five (5) years from the date of assessment
of administrative or judicial action. [Section 194 , Local Government Code]
Remedy after payment in cases where tax was erroneously or illegally collected.
No case or proceeding shall be maintained in any court for the recovery of any tax, fee, or charge
erroneously or illegally collected until a written claim for refund or credit has been filed with local
treasurer. [Section 196, Local Government Code]
Written claim for refund or credit must be filed with the treasurer within two (2) years form the
date of payment of the tax, fee or charge or from the date the taxpayer is entitled to a refund or
credit (doctrine of supervening cause therefore applies). [Section 196, Local Government Code]
Note: There is no provision governing the procedure in case the claim for refund or credit is denied or
not acted upon by the local treasurer. The same procedure for protest of assessment may be followed
and, as such, the taxpayer may appeal with the court of competent jurisdiction.
Unlike in the NIRC, the LGC does not specifically prohibit the issuance of injunctions on the
collection of local taxes.
However, injunctions cannot be issued on the basis of the alleged unconstitutionality of the tax
ordinance. Until the tax ordinance is declared to be unconstitutional, it is presumed to be valid
and constitutional.