Valenzuela City Ordinance No. 104 (2013)

MALAYA (04 SEP 2015)

[ VALENZUELA CITY ORDINANCE NO. 104 Series of 2013, December 02, 2013 ]

SANGGUNIANG PANLUNGSOD

** Excepts from the minutes of the 18th Regular Session of the 6th City Council of Valenzuela held on December 2, 2013 at 2:55 P.M. at the City Council's Session Hall, 3rd Floor, Legislative Building, Valenzuela City Hall, Karuhatan, Valenzuela City, Metro Manila.

AN ORDINANCE AUTHORIZING THE HONORABLE CITY MAYOR TO ACQUIRE BY PURCHASE OR EXPROPRIATION SEVERAL PARCELS OF LAND COVERED BY TRANSFER CERTIFICATES OF THE TITLE WITH NOS. V-69161, V-78269, B-24714, V-66365, AND V-94341 FOR PUBLIC USE SPECIFICALLY FOR VARIOUS GOVERNMENT FACILITIES AND INFRASTRUCTURE LOCATED WITHIN VALENZUELA CITY AND APPROPRIATING FUNDS FOR THE JUST COMPENSATION THEREFOR.

Authored by: Councilor ANTONIO R. ESPIRITU, Councilor ROVIN ANDREW

M. FELICIANO,

Councilor CORAZON A. CORTEZ, Councilor HON. MARLON PAULO C.

ALEJANDRINO

, Councilor JENNIFER PINGREE-ESPLANA, Councilor LORENA NATIVIDAD-BORJA, Councilor LAILANIE P. NOLASCO, Councilor KIMBERLY ANN D.V.

GALANG,

Councilor CRISSHA M. PINEDA and Councilor RAMON L. ENCARNACION

WHEREAS, Section 16 of the Local Government Code of 1991 empowers every local government unit, including the City Government of Valenzuela, to exercise powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate or incidental for its efficient and effective governance, and those essential to the promotion of the general welfare which among other things, includes the preservation of comfort and convenience of its inhabitants;

WHEREAS, the City Government has evaluated several sites in which to locate the various government facilities and infrastructure and the best and suitable site evaluated consist of:MARKET LOT OWNER VALUE PER TITLE/AREA LOCATION PURPOSE TAX DECLARATION 1. Antonio TCT No. V- M. Francisco C-021-03543 Barangay Jusayan 69161 (Lot 9-B) Street, Barangay Lingunan High married to Lingunan Riceland @ School Felicidad P30.00/per square Jusayan meter 2.Bengson Juan TCT NO. V- Karuhan Road C-017-12895 Government married to 78269 (Lot 775- (Gen. T. de Leon Facilities Josephine D. D-1) Road) corner Residential Lot @ Juan Padrigal Street, P600/ square Barangay meters Karuhatan 3.Arsenio Chua, TCT NO. B- Mulawinan C-028-05511 Lawang Bato single 24714 (Lot 127- Street, Barangay Barangay A-5-B) Lawang Bato Industrial Lot @ Complex P1,000.00/square 5,000 square meter meters portion (Total area 10,000 square meters) 4. Johnny D. TCT NO. V- S. De Guzman C-024-04740 Parada Gan and 66364 (Lot 2-B) Street, Barangay Barangay Aurora D. Gan, 956 Square Parada Residential Lot @ Complex both single meters P600.00/ sq. m. V-66365 (Lot 1) C-024-04741 2,491 square meters Residential Lot @P600.00/ sq. m.

TOTAL AREA

= 3,445 square meters 5. Metro TCT NO. V- Esteban Street, C-015-04947 Government Lending 94341 (Lot Barangay Facilities Corporation 2457-B) Dalandanan Residential Lot @P400.00/ sq. m. 1,000 square meters

WHEREAS, the City Government of Valenzuela shall faithfully comply with the provision of our Constitution, applicable provisions of law and such other rules and regulations consistent with the observance and compliance with the due process requirements of the law by way of issuances of proper notice to the respective registered owners with offer to buy the aforesaid properties;

WHEREAS, the Local Government Code of 1991 expressly grants the local government unit the exercise of the power of eminent domain and the right to purchase and expropriate private property for public use;WHEREAS, Section 19 of Republic Act No. 7160 states that:

Section 19. Eminent Domain – A local government unit may through its chief executive and acting pursuant to an ordinance, exercise the power of eminent domain for public use, or purpose, or welfare for the benefit of the poor and the landless, upon payment of just compensation, pursuant to the provisions of the constitution and pertinent laws. Provided, however, that the power of eminent domain may not be exercised unless a valid and definite offer has been previously made to the owner and such offer was not accepted. Provided, further, that the local government unit may Immediately take possession of the property upon the filing of the expropriation proceedings and upon making a deposit with the proper court of at least fifteen percent (15%) of the fair market value of the property based on the current tax declaration of the property to be expropriated: Provided finally, that the amount to be paid for the expropriated property shall be determined by the proper court, based on the fair market value at the time of the taking of the property."

WHEREAS, there is a need to enact an ordinance authorizing the City Mayor to acquire by purchase or expropriation, the following properties for various government facilities and infrastructures: MARKET LOT OWNER VALUE PER TITLE/AREA LOCATION PURPOSE TAX DECLARATION 1. Antonio TCT No. V- M. Francisco C-021-03543 Barangay Jusayan 69161 (Lot 9-B) Street, Barangay Lingunan High married to Lingunan Riceland @ School Felicidad P30.00/per square Jusayan meter 2.Bengson Juan TCT NO. V- Karuhan Road C-017-12895 Government married to 78269 (Lot 775- (Gen. T. de Leon Facilities Josephine D. D-1) Road) corner Residential Lot @ Juan Padrigal Street, P600/ square Barangay meters Karuhatan 3.Arsenio Chua, TCT NO. B- Mulawinan C-028-05511 Lawang Bato single 24714 (Lot 127- Street, Barangay Barangay A-5-B) Lawang Bato Industrial Lot @ Complex P1,000.00/square 5,000 square meter meters portion (Total area 10,000 square meters) 4. Johnny D. TCT NO. V- S. De Guzman C-024-04740 Parada Gan and 66364 (Lot 2-B) Street, Barangay Barangay Aurora D. Gan, 956 Square Parada Residential Lot @ Complex both single meters P600.00/ sq. m.V-66365 (Lot 1) C-024-04741 2,491 square meters Residential Lot @P600.00/ sq. m. TOTAL AREA = 3,445 square meters 5. Metro TCT NO. V- Esteban Street, C-015-04947 Government Lending 94341 (Lot Barangay Facilities Corporation 2457-B) Dalandanan Residential Lot @P400.00/ sq. m. 1,000 square meters NOW THEREFORE, be it ORDAINED as it is hereby ORDAINED by the City Council of Valenzuela in session duly assembled that an ordinance be issued authorizing the purchase or expropriation of parcels of land as above stated and other related public use purpose and appropriating funds therefor in the amount necessary for the taking, which shall be based on the assessed value of said properties for payment of just compensation; FURTHER, this Ordinance shall authorize the Honorable City Mayor to represent the City in this particular act, to sign all documents related thereto and to perform any and all acts and deeds which are required, necessary and incidental to carry out me purpose or this Ordinance. ENACTED. DECEMBER 2, 2013. VALENZUELA CITY, METROPOLITAN MANILA.

(Sgd.) HON. ANTONIO R. ESPIRITU HON. ROSALIE ESTEBAN-CAYCO Councilor Councilor Majority Floor Leader Minority Floor Leader

(Sgd.) HON. MARCELINO G. MORELOS Councilor

(Sgd.) HON. ROVIN ANDREW M. (Sgd.) HON. LAILANIE P. NOLASCO FELICIANO Councilor Councilor HON. CORAZON A. CORTEZ HON. KIMBERLY ANN DV. GALANG Councilor Councilor

(Sgd.) HON. MARLON PAULO C. HON. CRISSHA M. PINEDA ALEJANDRINO Councilor Councilor

(Sgd.) HON. JENNIFER PINGREE- (Sgd.) HON. KRISTIAN ROME T. SY ESPLANA Councilor Councilor(Sgd.) HON. RAMON L. ENCARNACION Councilor (President, League of Barangays) ATTESTED:

(Sgd.) FLAVIO C. DIAZ Secretary CERTIFIED CORRECT:

(Sgd.) HON. LORENA NATIVIDAD-BORJA Temporary Presiding Officer Asst. Majority Floor Leader

APPROVED:

(Sgd.) HON. REXLON T. GATCHALIAN City Mayor Date Signed: _______________________