UP asks Supreme Court to stop auction of Technohub property

The University of the Philippines has asked the Supreme Court to stop the Quezon City government from auctioning off the UP-Ayala Technohub property to compensate for the school's P117 million real estate tax deficiency.

 

In its 13-page petition, UP, through Solicitor-General Florin Hilbay, insisted the property should not be put up for auction because the university did not owe the city government any real estate tax.

 

UP was notified by the local government that the 380,630-quare-meter property on Commonwealth Avenue would have to be sold at an auction on November 20 to pay for the P117,182,700 real estate tax UP owes the government.

 

But UP said that under Section 25 of Republic Act 9500, revenues and assets of the university are exempted from all taxes and duties, including UP's properties whether used for educational purposes or in support of the school.

 

"The Technohub is a PEZA-approved (Philippine Economic Zone Authority-approved) information technology park with locations and amenities ideal for science and tech companies," read the petition.

 

"UP's share in the revenues of the property as well as the lease paid by Ayala Land supplement the university's budget," it added.

 

The petition also said that Ayala. Land Inc, being the lessee, was the "legally accountable party" to the unpaid real estate property taxes on the government-owned UP property.

 

UP also said its right to due process was violated when the QC government issued a notice of delinquency to the school without the issuance first of a notice of assessment, as prescribed under Section 223 of the Local Government Code.

 

UP said the statement of delinquency it received was dated May 27, 2014 while the final notice of delinquency was dated July 11, 2014.

 

UP said the notice of assessment issued to Ayala Land Inc could not be considered as a notice to UP as well because the law stated that the notice of assessment should be issued to the person in whose name the property was listed.

 

The petition said the local government committed grave abuse of discretion when it issued the statement of delinquency and the final notice of delinquency.

 

"The inclusion of the subject property in the list of properties scheduled to be sold at a public auction without a prior notice of assessment having been issued to UP constitutes a violation of UP's right to due process," the petition read. —NB, GMA News