Valenzuela City Ordinance No. 160 (2014)

MALAYA (08 SEP 2015)

[ VALENZUELA CITY ORDINANCE NO. 160 Series of 2014, October 13, 2014 ]

SANGGUNIANG PANLUNGSOD

"Excerpts from the minutes of the 55th Regular Session of the 6th City Council of Valenzuela held on October 23, 2014 at 3:10 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 TITLE WITH NOS. V-67571, V-106140, V- 106286, V-17949, 146149, 146151, 146152, V-29070, V-29071, V- 29073, V-29074, V-29075, AND V-50506 LOCATED IN VALENZUELA CITY FOR THE CONSTRUCTION OF GOVERNMENT FACILITIES AND INFRASTRUCTURES AND OTHER PUBLIC PURPOSES AND APPROPRIATING FUNDS FOR 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 DV. GALANG, Councilor CRISSHA M. PINEDA, Councilor KRISTIAN ROME T. SY 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 of Valenzuela has evaluated several sites in which to locate the proposed government facilities and infrastructures and the best suitable site evaluate consists of:MARKET VALUE LOT OWNER TITLE/AREA LOCATION PER TAX PURPOSE DECLARATION 1. Danilo L. TCT No. V- Along Gen. C-027-02565 A. Mariano Conception (as 67571 Luis Street, Industrial Lot Elementary Liquidator in trust of (Lot 1) Barangay @P1,500.00 per School creditors) and/ or 10,000 square Bagbaguin, square meter Expansion other persons meters portion Valenzuela claiming the same of 139,537 City square meters 2. Geospecialist Inc. TCT NO. V- Rubber C-021 -06792 Government and/or other persons 106140 (Lot Master Industrial Lot @ Facilities claiming the same 376-A-1) 10,000 Road, P700.00 per square square meters Barangay meter TCT NO. V- Lingunan, 106287 (Lot Valenzuela C-021-06941 416-A) 36,220 City Residential Lot @ square meters P400.00 per square meter 3. Carlos L. de Leon, TCT NO. V- F. C-025-16412 Barangay married to Rosie F. de 17949 (Lot Bernardino Residential Lot @ Ugong High Leon, and/or other 1280-376- A-5) St., P400.00 per square School persons claiming the 2,071 square Barangay meter same. meters Ugong, Valenzuela City 4. SGV Properties, TCT NO. V- Along C-017-03516 Government Inc. and/or other 146149 (Lot 2) MacArthur Residential Lot @ Facilities persons claiming the 7,723 square Highway, P800.00 per square same. meters portion Barangay meter of 8,626 square Karuhatan, meters Valenzuela City TCT NO. C-017-16842 146151 (Lot Commercial Lot @ 610-B) 3,759 P2.000.00 per square square meters meter portion of 6,573.50 square meters - Based on Tax Declaration (Title 6,585 square meters) C-017-03517 Residential Lot @ TCT NO. P600.00 per square 146152 (Lot meters 506) 1,712 square meter 5. Alfredo T. Ignacio, TCT NO. V- Tongco C-019-03058 Pamantasan married to Teresita 29070 (Lot 833- Street, Residential Lot @ ng Lungsod Mercado, Virginia I. B-4-C-7) 2,350 Barangay P400.00 per square ng Selpides, married to square meters Maysan, meter Valenzuela Ajerico Selpides, and Valenzuela Expansion Cristina I. Cardenas, Citymarried to Ernesto Cardenas, and/ or other persons claiming the same.

6. Mauro S. Tongco, TCT NO. V- Tongco C-019-03053 Pamantasan married to Eulalia 29071 (Lot 833- Street, Residential Lot @ ng Lungsod Pineda, and/ or other B-4-C-8) 2,350 Barangay P400.00 per square ng persons claiming the square meters Maysan, meter Valenzuela same Valenzuela Expansion City 7. Angel S. Tongco, TCT NO. V- Tongco C-019-03057 Pamantasan married to Josefina 29073 (Lot 833- Street, Residential Lot @ ng Lungsod Bartolome, and/or B-4-C-10) 2,514 Barangay P400.00 per square ng other persons square meters Maysan, meter Valenzuela claiming the same Valenzuela Expansion City 8. Maxima S. TCT NO. V- Tongco C-019-03001 Pamantasan Tongco, widow, 29074 (Lot 833- Street, Residential Lot @ ng Lungsod and/or other persons B-4-C-11) 2,477 Barangay P400.00 per square ng claiming the same. square meters Maysan, meter Valenzuela Valenzuela Expansion City 9. Jose S. Tongco, TCT NO. V- Tongco C-019-08458 Pamantasan married to 29075 (Lot 833- Street, Residential Lot @ ng Lungsod Tranquilina Ocampo, B-4-C-12) 915 Barangay P400.00 per square ng Maxima S. Tongco, square meters Maysan, meter Valenzuela widow, Mauro S. Valenzuela Expansion Tongco, married to City Eulalia Pineda, Angel S. Tongco, married to Josefina Bartolome, Alredo T. Ignacio, married to Teresita Mercado, Virginia I. Selpides, married to Ajerico Selpides and Cristina I. Cardenas, married to Ernesto Cardenas, and/ or other persons claiming the same 10. Uy Han Huy, TCT NO. V- Tongco C-019-04200 Pamantasan married to Felina 50506 (Lot 833- Street, Residential Lot @ ng Lungsod Young, and/or other B-4-C-9) 2,380 Barangay P400.00 per square ng persons claiming the square meters Maysan, meter Valenzuela same Valenzuela Expansion City

WHEREAS, the City Government of Valenzuela shall faithfully comply with the provision of the 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 issuance of proper notices to the 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, 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 properties described below for public use specifically for proposed government facilities and infrastructures;

MARKET VALUE LOT OWNER TITLE/AREA LOCATION PER TAX PURPOSE DECLARATION

1. Danilo L. TCT No. V- Along Gen. C-027-02565 A. Mariano Conception (as 67571 Luis Street, Industrial Lot Elementary Liquidator in trust of (Lot 1) Barangay @P1,500.00 per School creditors) and/ or 10,000 square Bagbaguin, square meter Expansion other persons meters portion Valenzuela claiming the same of 139,537 City square meters 2. Geospecialist Inc. TCT NO. V- Rubber C-021 -06792 Government and/or other persons 106140 (Lot Master Industrial Lot @ Facilities claiming the same 376-A-1) 10,000 Road, P700.00 per square square meters Barangay meter TCT NO. V- Lingunan, 106287 (Lot Valenzuela C-021-06941 416-A) 36,220 City Residential Lot @ square meters P400.00 per square meter3. Carlos L. de Leon, TCT NO. V- F. C-025-16412 Barangay married to Rosie F. de 17949 (Lot Bernardino Residential Lot @ Ugong High Leon, and/or other 1280-376- A-5) St., P400.00 per square School persons claiming the 2,071 square Barangay meter same. meters Ugong, Valenzuela City 4. SGV Properties, TCT NO. V- Along C-017-03516 Government Inc. and/or other 146149 (Lot 2) MacArthur Residential Lot @ Facilities persons claiming the 7,723 square Highway, P800.00 per square same. meters portion Barangay meter of 8,626 square Karuhatan, meters Valenzuela City TCT NO. C-017-16842 146151 (Lot Commercial Lot @ 610-B) 3,759 P2.000.00 per square square meters meter portion of 6,573.50 square meters - Based on Tax Declaration (Title 6,585 square meters) C-017-03517 Residential Lot @ TCT NO. P600.00 per square 146152 (Lot meters 506) 1,712 square meter 5. Alfredo T. Ignacio, TCT NO. V- Tongco C-019-03058 Pamantasan married to Teresita 29070 (Lot 833- Street, Residential Lot @ ng Lungsod Mercado, Virginia I. B-4-C-7) 2,350 Barangay P400.00 per square ng Selpides, married to square meters Maysan, meter Valenzuela Ajerico Selpides, and Valenzuela Expansion Cristina I. Cardenas, City married to Ernesto Cardenas, and/ or other persons claiming the same.

6. Mauro S. Tongco, TCT NO. V- Tongco C-019-03053 Pamantasan married to Eulalia 29071 (Lot 833- Street, Residential Lot @ ng Lungsod Pineda, and/ or other B-4-C-8) 2,350 Barangay P400.00 per square ng persons claiming the square meters Maysan, meter Valenzuela same Valenzuela Expansion City 7. Angel S. Tongco, TCT NO. V- Tongco C-019-03057 Pamantasan married to Josefina 29073 (Lot 833- Street, Residential Lot @ ng Lungsod Bartolome, and/or B-4-C-10) 2,514 Barangay P400.00 per square ng other persons square meters Maysan, meter Valenzuela claiming the same Valenzuela Expansion City 8. Maxima S. TCT NO. V- Tongco C-019-03001 Pamantasan Tongco, widow, 29074 (Lot 833- Street, Residential Lot @ ng Lungsod Barangay ngand/or other persons B-4-C-11) 2,477 Maysan, P400.00 per square Valenzuela claiming the same. square meters Valenzuela meter Expansion City 9. Jose S. Tongco, TCT NO. V- Tongco C-019-08458 Pamantasan married to 29075 (Lot 833- Street, Residential Lot @ ng Lungsod Tranquilina Ocampo, B-4-C-12) 915 Barangay P400.00 per square ng Maxima S. Tongco, square meters Maysan, meter Valenzuela widow, Mauro S. Valenzuela Expansion Tongco, married to City Eulalia Pineda, Angel S. Tongco, married to Josefina Bartolome, Alredo T. Ignacio, married to Teresita Mercado, Virginia I. Selpides, married to Ajerico Selpides and Cristina I. Cardenas, married to Ernesto Cardenas, and/ or other persons claiming the same 10. Uy Han Huy, TCT NO. V- Tongco C-019-04200 Pamantasan married to Felina 50506 (Lot 833- Street, Residential Lot @ ng Lungsod Young, and/or other B-4-C-9) 2,380 Barangay P400.00 per square ng persons claiming the square meters Maysan, meter Valenzuela same Valenzuela Expansion City

NOW, THEREFORE, be it ORDAINED as it is hereby ORDAINED by the City Council of Valenzuela in session duly assembled that this Ordinance be enacted authorizing the purchase or expropriation of parcels of land as above stated for the construction of government facilities and infrastructures and other 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 withdraw the expropriation case or to enter into any compromise agreement or deed of donation arising from the expropriation proceedings or case, 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. OCTOBER 13, 2014. VALENZUELA CITY, METROPOLITAN MANILA.

(Sgd.) HON. ANTONIO R. ESPIRITU HON. ROSALIE ESTEBAN-CAYCO Councilor Councilor Majority Floor Leader Minority Floor LeaderHON. 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 Officer City Vice Mayor

APPROVED:

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