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CM 404 - SALE AND DISPOSAL OF ACQUIRED/FORFEITED ASSETS

All acquired real properties transferred in the name of the Republic of the Philippines, having passed the one-year redemption period, shall be converted into cash by way of public and/or private sale, as the case may be, in accordance with the existing tax laws, rules and regulations, within  three (3) years from  the date of acquisition/forfeiture and/ or seizure thereof, unless there are justifiable and valid reasons for the non-disposition of these properties within the aforesaid period.

All acquired personal properties shall be sold and/or disposed of immediately from the date of forfeiture for whatever reasonable amount that can be realized therefrom. The sale of acquired properties, except the intangible personal properties forfeited by the LTS, shall be undertaken by the RDOs.

Disposition of acquired  agricultural  properties shall be governed by the provisions  of EO No. 407 dated June 14, 1990, to determine  whether  or not the acquired  assets  are, in reality, suitable for agriculture. All acquired agricultural real properties that will be declared as suitable for agriculture by the DAR and LBP shall be transferred immediately to the DAR.

Unsold acquired/forfeited assets by the BIR may be transferred to interested government agencies, following the guidelines set forth in COA Circular No. 89-296 dated January 27, 1989 entitled "Audit Guidelines on the Divestment or Disposal of Property and Other Assets of National Government Agencies and Instrumentalities,  Local  Government Units and Government-Owned  or  Controlled  Corporations  and  their  Subsidiaries". The provisions of Accounting Policies on Garnished Properties issued by the COA Government Accountancy and Financial Management Information Sector (COA­ GAFMIS) can also be used as basis in the sale or disposition of the said assets/properties in favor of other government agencies.