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  • Writer: Ziggurat Realestatecorp
    Ziggurat Realestatecorp
  • Nov 24, 2024
  • 5 min read

As we work to achieve sustainable economic growth, maybe we can rethink the tax structure. Rather than heavily relying on income taxes, perhaps it is timely to consider a strategic shift toward property taxes, and in part, to business, and consumption taxes — especially on goods with negative externalities.


Personal income taxes, though progressive, burdens especially middle-income earners, potentially hindering their spending capacity. By shifting away from personal income taxes and toward property and business taxes, governments can generate more revenues from profitable sectors.


Corporate tax reforms can prove beneficial for revenue generation by minimizing avoidance and fighting evasion. Obviously, to encourage investments, business or corporate income should be taxed at fair and globally competitive rates. But, the government need not bend backwards too much in this regard.


As for shifting more of the tax burden to consumption, this should be skewed specifically towards excise taxes on goods associated with negative externalities, such as sugary beverages; cigarettes, tobacco, and vaping products; beer, liquor, and other alcoholic beverages; and in part, carbon-emitting fuels.


Options include higher excise taxes on jewelry; motor vehicles including motorcycles; and, maybe unhealthy or junk food. The objective is to minimize the consumption of goods that have high social and health costs. It is incidental that taxing them provides a source of revenue. The aim is to discourage harmful consumption behaviors.


By taxing goods that carry social costs, the government can create a two-fold benefit: theoretically it reduces the demand for harmful products, and, at the same time, generate revenue that can be channeled or earmarked for spending on healthcare, environmental protection, and public education.


Mexico introduced a soda tax in 2014 to combat rising diabetes rates, using excise taxes to generate revenue as well as reduce public health costs. Within the first year, sugary drink sales dropped by over 5%, and the tax now provides additional funding for healthcare and public health initiatives. The Philippines has followed suit with its own sugary drinks tax.


As for India, it implemented a carbon tax on coal production to curb emissions and fund renewable energy projects. This excise tax, levied at a specific rate per ton of coal, has raised significant funds for green energy development, highlighting how consumption taxes on polluting industries can drive sustainable development while meeting fiscal goals.


But more government revenues, if feasible, should come from property taxes. And it should be collected and managed at the local level. Property taxes capture wealth accumulated through real estate and ensure that property owners contribute fairly to local infrastructure and service costs.


Property taxes offer a largely untapped revenue stream in many developing countries, where they currently represent only a fraction of what they do in more developed economies. In wealthier countries, property taxes contribute more than 1% of GDP, with some countries reaching nearly 3%. In contrast, emerging regions like Asia and Africa generate only around 0.1% of GDP from property taxes, highlighting a missed opportunity.


By expanding property tax revenues, the Philippines can build a more stable and equitable revenue base, less susceptible to economic fluctuations than income taxes. Shifting the tax burden from personal income to property also allows the government to retain a progressive revenue source without stifling individual earning potential.


In cities like Lagos in Nigeria and Delhi in India, improved property tax collection has reportedly generated more funds for urban development, better waste management, and increased social services — enhancing the quality of life for residents while stabilizing local budgets.


In Lagos, by mapping properties via GIS technology and tightening tax compliance, the city reportedly increased its property tax collection fivefold, generating over $1 billion in a decade. This revenue supports critical urban services and infrastructure improvements, boosting public trust and improving local quality of life.


And in Bogota, Colombia, updated property valuations and tax reforms have reportedly helped municipalities fund local development projects. Linking property taxes directly to urban improvements, Bogota has seen rising public acceptance and compliance, particularly as residents observe the impact on infrastructure and local services.


In Belo Horizonte in Brazil, a clear correlation was reportedly established between property tax revenues and visible local improvements, including road maintenance and waste management. This transparency encouraged higher compliance and provided a stable revenue source for ongoing municipal projects.


To be fair and equitable, property taxes should impose minimal burdens on those without substantial assets. To protect low- and middle-income homeowners from a high tax burden, exemptions and deferred payments can be considered. This way, the government can promote affordable homeownership while ensuring that those who benefit most from urban growth also contribute proportionately.


In raising property taxes, a gradual, phased approach is recommended. Municipal governments should also establish clear policies on exemptions and implement mechanisms for regular public reporting of tax expenditures. By limiting exemptions to a narrow range of beneficiaries, local governments can prevent revenue erosion and ensure funds are available for public services.


For asset-rich but cash-poor households, such as retirees or elderly homeowners, the government can introduce deferral programs that allow taxes to be postponed until the property is sold. Exemptions or rebates can also be given to pensioners and low-income households. This approach ensures that property taxes remain fair and do not impose undue financial hardship on vulnerable groups.


Having localized, visible benefits from higher property taxes can help improve public buy-in, particularly from low- and middle-income groups, and hopefully minimize political resistance to taxation. People should be able to directly observe — see and feel — how their tax contributions translate into public benefits.


Of course, it goes without saying that business or corporate income taxes should continue to play a major role in revenue collection, as they allow governments to capture a share of corporate profits without unduly burdening individual earnings. Fair, but not necessarily low, taxation will allow corporations to contribute to the public good while maintaining the productivity that drives economic growth.


In Colombia, corporate taxes are said to fund local public services and infrastructure projects, showing a direct link between corporate taxation and social development. Such taxes can be earmarked specifically for education, healthcare, and economic development initiatives.


By connecting corporate tax revenue to visible projects, Colombia has built public trust, aligning corporate taxation with social benefits. As a result, corporate tax compliance has reportedly increased, showing how transparency in the use of taxes fosters acceptance and collaboration.


Overhauling property, corporate, and excise taxes on harmful consumption can support a robust and equitable tax base. By shifting away from personal income taxes, governments can create revenue systems that capture wealth more fairly, incentivize healthier behaviors, and fund public services effectively.


 

 Introduction

 

In the Philippines, an Order for the Release of Property is a legal document issued by a court or other competent authority directing the release or return of a property that has been previously seized, attached, or impounded. This typically occurs in the context of civil, criminal, or administrative proceedings, where property may be temporarily held to secure compliance with legal obligations or ensure its availability as evidence in court proceedings. Understanding the legal framework governing such orders is crucial for both individuals and entities involved in disputes over property.

 

This article examines the legal basis, grounds, and procedures for the issuance of an order for the release of property under Philippine law, as well as the rights and obligations of the parties involved.

 

 Legal Basis for the Release of Property

 

The legal framework for the release of property in the Philippines is grounded in several key legal provisions, including:

 

1. Rules of Court: The Rules of Civil Procedure and Rules of Criminal Procedure under the Rules of Court of the Philippines provide detailed procedures for the seizure and release of property in various legal contexts, including attachment, replevin, and seizure as evidence in criminal cases.

  

2. Civil Code of the Philippines: The Civil Code governs property rights and includes provisions on ownership, possession, and the restitution of unlawfully seized property.

 

3. Revised Penal Code: The Revised Penal Code contains provisions relating to the confiscation and return of property involved in criminal acts, particularly in relation to evidence, stolen goods, or contraband.

 

4. Special Laws: Other laws such as the Comprehensive Dangerous Drugs Act (Republic Act No. 9165), Anti-Graft and Corrupt Practices Act (Republic Act No. 3019), and Customs Modernization and Tariff Act (Republic Act No. 10863) also govern the seizure and release of property in relation to specific types of cases, such as drug-related offenses, graft, and smuggling.

 

 Common Scenarios for the Issuance of a Release Order for Property

 

The following are common scenarios where an order for the release of property may be issued:

 

1. Release of Attached Property (Civil Cases)

 

In civil litigation, a writ of attachment may be issued to prevent a defendant from disposing of property while the case is ongoing. The attachment serves to secure the satisfaction of a potential judgment. Once the case is resolved or if the attachment is lifted, the court may issue an order for the release of the attached property.

 

2. Release of Seized Property (Criminal Cases)

 

In criminal proceedings, property may be seized as evidence or as part of the investigation. After the trial, if the court determines that the property is no longer needed as evidence, or if the accused is acquitted, an order for the release of the property may be issued.

 

3. Release of Property in Replevin

 

In replevin actions, a party seeks the return of personal property that has been wrongfully detained by another. If the court rules in favor of the plaintiff, it may issue an order directing the release of the property to its rightful owner.

 

4. Release of Property Subject to Forfeiture

 

In cases where property is subject to forfeiture due to its connection with illegal activities (e.g., money laundering, graft, smuggling), a release order may be issued if the court or relevant authority determines that the property should be returned to its owner or custodian, especially if the forfeiture proceedings are resolved in favor of the property owner.

 

5. Release of Collateral in Foreclosure Proceedings

 

In some foreclosure cases, the court may issue a release order for property that has been seized or attached as collateral if the foreclosure has been legally resolved, such as through payment of the debt or a legal ruling in favor of the debtor.

 

 Grounds for the Issuance of a Release Order

 

An order for the release of property is typically issued based on the following grounds:

 

1. Resolution of Legal Proceedings: The most common ground for the issuance of a release order is the resolution of the legal case in which the property was seized. For example, if a case involving the attachment or seizure of property has been resolved in favor of the property owner, the court will issue an order to release the property.

 

2. Improper Seizure or Attachment: A party may also file a motion for the release of property if the seizure or attachment was made improperly or without legal basis. If the court finds that the property was wrongfully seized, it will issue an order for its release.

 

3. Compliance with Legal Obligations: If the property was held as security for compliance with a legal obligation, such as the payment of a debt, an order for release may be issued upon fulfillment of the obligation.

 

4. Substitution or Release of Surety: In certain cases, such as when a bond or surety is provided to secure the release of the property, the court may issue an order for the release of the property if it is satisfied that the bond or surety is sufficient.

 

 Procedures for Securing a Release Order

 

The process for securing a release order for property varies depending on the type of legal proceeding and the specific circumstances of the case. Below are the general steps involved:

 

1. Filing a Motion for Release

 

The party seeking the release of the property must file a motion for release with the court that has jurisdiction over the case. The motion must include relevant facts and legal arguments supporting the release of the property, such as the resolution of the case or the improper attachment.

 

2. Notice to Opposing Parties

 

After the motion is filed, the court will issue a notice to the opposing parties, allowing them to respond. If the opposing party objects to the release of the property, they may file an opposition or counter-motion.

 

3. Hearing

 

The court may schedule a hearing to hear both sides' arguments regarding the release of the property. During the hearing, the parties can present evidence and legal arguments to support their respective positions.

 

4. Issuance of the Release Order

 

If the court finds in favor of the party requesting the release of the property, it will issue an order for the release of property. The order will specify the terms and conditions of the release, including any obligations the party may need to fulfill before the property can be returned (e.g., payment of fees or the posting of a bond).

 

5. Enforcement of the Release Order

 

Once the release order is issued, the party in possession of the property must comply with the court’s directive and return or release the property to the rightful owner. Failure to comply with a release order may result in contempt of court or other legal consequences.

 

 Rights and Obligations of the Parties

 

The issuance of a release order imposes certain rights and obligations on the parties involved:

 

1. Rights of the Property Owner: Upon the issuance of a release order, the property owner has the right to have their property returned without delay. They may also claim compensation for damages if the property was wrongfully seized or detained.

 

2. Obligations of the Party in Possession: The party in possession of the property, such as law enforcement agencies or creditors, must promptly comply with the release order. Any delay or refusal to release the property can result in legal sanctions.

 

3. Payment of Costs and Fees: Depending on the circumstances, the court may require the party seeking the release to pay certain costs and fees associated with the release process, such as court fees, storage fees, or the cost of posting a bond.

 

 Legal Challenges to Release Orders

 

Opposing parties may challenge the issuance of a release order by filing a motion for reconsideration or appealing the court’s decision. Common grounds for challenging a release order include:

 

1. Pending Appeal or Legal Action: If there is a pending appeal or related legal action that could affect the disposition of the property, the opposing party may argue that the release of the property is premature.

 

2. Violation of Legal Requirements: If the party seeking the release has not fulfilled certain legal requirements, such as the payment of debts or the posting of a bond, the opposing party may argue that the release order should not be granted.

 

 Conclusion

 

An Order for the Release of Property is an important legal tool that ensures the return of property that has been seized, attached, or impounded during legal proceedings. The process of obtaining a release order is governed by specific laws and procedures, which seek to balance the rights of property owners with the interests of justice. Understanding the legal framework surrounding release orders helps parties navigate the legal process effectively, ensuring that property is released or returned in accordance with the law. Legal counsel is often necessary to ensure that all procedural requirements are met and that the property is properly returned to its rightful owner.


Source: Ziggurat Real Estate

  • Writer: Ziggurat Realestatecorp
    Ziggurat Realestatecorp
  • Mar 7, 2022
  • 2 min read

Everyone and everything is going digital. This holds true even in the art scene and real estate industry.


Non-fungible tokens (NFTs) are changing the way we own things online. Fungible objects are items that can be exchanged with others of the same classification, or divided without altering their fundamental nature.


A good example is currency. A ₱1,000 can be broken up into hundred bills or a thousand coins. On the other hand, non-fungible things cannot be directly replaced or interchanged. These are stuff with verifiable identity; assets that are indivisible and irreplaceable. NFTs are unique digital collectibles on the blockchain that bring real-world value to cyberspace. For context, a blockchain is an ever-growing list of data records linked together via cryptography. It is a chain of data structured into chunks or blocks strung together, commonly used as a ledger for transactions.


In mid-February, contemporary Bali-based property developer and management services provider, OXO Living, made history by launching its own property NFT artwork collection. The series of artwork is designed to immortalize each of the 24 stylish properties in the company’s portfolio with unique visual representations on the blockchain.


The project, known as the OXO Artwall, features 24 handdesigned and programmatically generated artworks “minted (created),” stored, and traded on the public blockchain, Ethereum.


Each piece serves as an abstract visual expression of every OXO property built since the company first started making its catalog of townhouses and one-of-a-kind contemporary chic villas in Bali in 2015. These properties cater to the digital nomad lifestyles of a new breed of savvy entrepreneurs and lifestyle enthusiasts who have chosen to live and operate their businesses remotely from the Indonesian province.


“The algorithm used to digitally generate each artwork is based on the location, personality, signature, orientation, volume, interior, and decor of each property, creating a hierarchy of rarity, complexity, visual significance, and value,’ says Johannes Weissenbaeck, advertising entrepreneur-turned-property developer who conceived and runs OXO Living. “As a number of our investors and residents are crypto entrepreneurs, we thought that being the first developer to link our properties to NFTs was a perfect fit for our brand.”


The works are unique representations of each of the properties in the company’s Bali developments OXO Townhouses Umalas, OXO Townhouses Berawa, Chameleon by OXO, Wonderland by OXO, as well as the pleasure yacht Splendour.


Only one NFT per property gets minted, allowing a truly distinct and rare art collection. Buyers of OXO Properties have the first right of refusal to purchase the NFT for their respective property. Anyone who has a crypto wallet and access to the internet, however, can purchase and trade OXO Artwall NFTs.


The OXO Property Collection is currently for public sale on OpenSea, the world’s biggest NFT marketplace. Upon purchase, owners receive the actual NFT and a high-resolution source file, which can be used to make a physical copy of the digital original.


If an NFT owner wishes to have a physical copy made for them, OXO Living works with Bali’s local businesses and craftsmen to create a print or handmade copy of the work. The initial offering of each artwork is priced at 1 Ethereum, which is equivalent to $ 2,611.98 at press time.




© Copyright 2018 by Ziggurat Real Estate Corp. All Rights Reserved.

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