Valenzuela City Ordinance No. 121 (2014)

MALAYA (07 SEP 2015)

[ VALENZUELA CITY ORDINANCE NO. 121 Series of 2014, March 14, 2014 ]

SANGGUNIANG PANLUNGSOD

** Excerpts from the minutes of the 31st Regular Session of the 6th City Council of Valenzuela held on March 24, 2014 at 2:14 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 PARCEL OF LAND COVERED BY TRANSFER CERTIFICATE OF TITLE NO. V-80847 FOR THE PROPOSED VALENZUELA CITY GOVERNMENT OFFICES AND/OR FACILITIES/PUBLIC PURPOSES LOCATED AT MACARTHUR HIGHWAY, BARANGAY MALINTA, 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 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 proposed government offices/ facilities and infrastructure and the best and suitable site evaluated consists of: LOT OWNER TITLE/AREA LOCATION MARKET VALUE PURPOSE PER TAXDECLARATION 1. Jose L. Santos, TCT NO. V- MacArthur C-016-13707 Proposed married to Teresita 80847 Highway, Commercial Lot Valenzuela Gonzales, Augusto S. Barangay @P2,000.00 Par City Estrada, married to 2,738 square Malinta square meters Government Adele V. Estrada, maters Offices/ Remedies S. Camara, portion only Facilities married to Leopoldo S. (total area Camara, Ramon S. -12,738 sq. Estrada, married to m.) Baby Katty G. Estrada, Gloria Vergel De Dios, married to Jose Vergel de Dios, Virginia Syjuco, widow, Nella Fandiño, married to Romeo Fandiño, Blanquita Gonzales, married to Renato Gonzales, Roman L. Santos, married to Leonora B. Quesada, Augusto Benedicto L. Santos, married to Ma. Linda Syjuco, Juliana Sison, married to Alexander Sison, Erlinda Gozon, married to Benjamin Gozon and Bella Barrera, married to Oscar Barrera, and/or other persons claiming the same.

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 law and by way of issuances of proper notice to the respective registered owners with offer to buy the aforestated 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 the Local Government Code states, to wit:

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 beenpreviously made to the owner and such offer was not accepted. Provided, further, that the local government unit may immediately take possession or 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 property described below for public use specifically for proposed government offices/facilities and Infrastructure: MARKET VALUE LOT OWNER TITLE/AREA LOCATION PER TAX PURPOSE DECLARATION 1. Jose L. Santos, TCT NO. V- MacArthur C-016-13707 Proposed married to Teresita 80847 Highway, Commercial Lot Valenzuela Gonzales, Augusto S. Barangay @P2,000.00 Par City Estrada, married to 2,738 square Malinta square meters Government Adele V. Estrada, maters Offices/ Remedies S. Camara, portion only Facilities married to Leopoldo S. (total area Camara, Ramon S. -12,738 sq. Estrada, married to m.) Baby Katty G. Estrada, Gloria Vergel De Dios, married to Jose Vergel de Dios, Virginia Syjuco, widow, Nella Fandiño, married to Romeo Fandiño, Blanquita Gonzales, married to Renato Gonzales, Roman L. Santos, married to Leonora B. Quesada, Augusto Benedicto L. Santos, married to Ma. Linda Syjuco, Juliana Sison, married to Alexander Sison, Erlinda Gozon, married to Benjamin Gozon and Bella Barrera, married to Oscar Barrera, and/or other persons claiming the same. NOW THEREFORE, be it ORDAINED as it is hereby ORDAINED by the City Council of Valenzuela in session du assembled that an ordinance be enacted authorizing the purchase or expropriation of parcels of land as above stated andother related public use purposes 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 the purpose of this Ordinance. ENACTED. MARCH 24, 2014. VALENZUELA CITY, METROPOLITAN MANILA.

(Sgd.) HON. ANTONIO R. ESPIRITU HON. ROSALIE ESTEBAN-CAYCO Councilor Councilor Majority Floor Leader Minority Floor Leader HON. MARCELINO G. MORELOS (Sgd.) HON. LORENA NATIVIDAD- Councilor BORJA Councilor Asst. Majority Floor Leader

(Sgd.) HON. ROVIN ANDREW M. (Sgd.) HON. LAILANIE P. NOLASCO FELICIANO Councilor Councilor

(Sgd.) HON. CORAZON A. CORTEZ (Sgd.) HON. KIMBERLY ANN DV. Councilor GALANG Councilor

(Sgd.) HON. MARLON PAULO C. (Sgd.) 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. ERIC M. MARTINEZ Presiding OfficerCity Vice Mayor

APPROVED:

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