2014 Taxation Law, Q18

Madam X owns real property in Caloocan City. On July 1, 2014, she received a notice of assessment from the City Assessor, informing her of a deficiency tax on her property. She wants to contest the assessment. (4%)
(A) What are the administrative remedies available to Madam X in order to contest the assessment and their respective prescriptive periods?
(B) May Madam X refuse to pay the deficiency tax assessment during the pendency of her appeal?

Quick check

What is the mandatory condition precedent before filing a written protest against a real property tax assessment with the Local Treasurer?

Within how many days from payment must a taxpayer file a written protest with the Local Treasurer against an RPT assessment?

How many days does a taxpayer have to appeal an adverse decision of the Local Treasurer to the Local Board of Assessment Appeals?

What is the period for appealing a decision of the Local Board of Assessment Appeals to the Central Board of Assessment Appeals?

Choices available with full access.

Does the filing of an appeal before the Local Board of Assessment Appeals suspend the obligation to pay the assessed real property tax?

Choices available with full access.

Unlock the full Commercial and Tax Law answers

Learn more about these topics

1. Payment Under Protest
Under Section 252 of the Local Government Code, payment of the assessed real property tax under protest is a mandatory condition precedent before any administrative protest against a real property tax assessment can be entertained by the local treasurer. The taxpayer must pay the tax assessed, annotated on the tax receipt with the words paid under protest, and file a written protest within thirty days from payment. Non-compliance with the payment under protest requirement invalidates the protest and precludes subsequent appeals to the assessment boards.

2. Assessment Appeals Procedure
Under Sections 226 and 229 of the Local Government Code, a taxpayer aggrieved by the decision or inaction of the local treasurer on a real property tax protest may appeal to the Local Board of Assessment Appeals within sixty days from receipt of denial or lapse of the sixty-day period for the treasurer to decide. An adverse decision of the Local Board of Assessment Appeals may be further appealed to the Central Board of Assessment Appeals within thirty days from receipt of the board decision.

3. Non-Suspensive Appeal Effect
The pendency of an administrative appeal before the Local Board of Assessment Appeals or Central Board of Assessment Appeals does not suspend the collection of the assessed real property tax. The local government unit retains the authority to collect the tax, and payment under protest remains obligatory. Should the appeal ultimately prosper, the tax erroneously paid is either refunded to the taxpayer or applied as a tax credit against future real property tax liabilities.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026