Valenzuela City Ordinance No. 91 (2013)

MALAYA (04 SEP 2015)

[ VALENZUELA CITY ORDINANCE NO. 91 Series of 2013, October 14, 2013 ]

SANGGUNIANG PANLUNGSOD

** Excepts from the minutes of the 13th Regular Session of the 6th City Council of Valenzuela held on October 14, 2013 at 2:45 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 TITLE CERTIFICATE NOS. V-100985, V-106678, V-106679, V-93739, V- 63073, V-63074, V-63075, V-63076, V-63077, V-63078, V-63079, V- 63080, AND V-63081 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, Councilor RAMON L. ENCARNACION and Councilor CRISTINA MARIE M. FELICIANO

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 consists of:LOT OWNER TITLE/AREA LOCATION MARKET PURPOSE VALUE PER TAX DECLARATION 1. Northhills TCT NO. V- A. Mariano St., C-027-03433 Bagbaguin Holding Realty 100985 Barangay 1,500/sq. m. Barangay and -3,124 square Bagbaguin, Industrial Lot Complex Development meters Valenzuela City Corp. and/or other persons claiming the same.

2. Royalseal, TCT NO. V- Malinta - C-023-04082 Paso de Blas Incorporated 106678 Novaliches P1,500.00/square High School (Merlita D. Ngo, - 1,305 square Road, Barangay meter single-previous meters Paso de Blas Commercial Lot owner) V-106679 Valenzuela City C-023-04081 - 3,359 square P1,500.00/square meters meter Commercial Lot 3. Leonora D. TCT NO. V- Que Grande C-025-14244 Ugong Aguila, married 93739 Street, Barangay P400.00/ square Barangay to Fernando G. - 6,078 square Ugong, meter Residential Complex Aguila; meters portion Valenzuela City Lot Edgardo Z. Dulatas, married to Constancia L. Dulatas; Luvina D. Bautista, married to Narciso Bautista; Zenaida D. Alvero, married to Gervacio Alvero; Priscila D. Tacbad, married to Renato Tacbad; Wilfredo Z. Dulata, married to Emma Dulatas; Michael Z. Dulatas, married to Ma. Lourdes T. Dulatas; Sonla D. Abuel, married to Herman Abuel; Efren Z. Dulatas, married to Ma. Luz Victoria S. Dulatas;4. Equitable TCT Nos. M.H. del Pilar C-002-02089 Arkong Bato PCI Bank V-63073 Street, (Arkong P1,000.00/sq.m High School (formerly -772 square Sato) Palasan, Industrial Lot Equitable meters Barangay C-002-02090 Banking V-63074 Arkong Bato, P1,000.00/sq.m Corporation) -1,373 square Valenzuela City Industrial Lot meters C-002-02088 V-63075 P1,000.00/sq.m. -741 square Industrial Lot meters C-002-02087 V-63076 P1,000.00/sq.m. -726 square Industrial Lot meters C-002-02086 V-63077 P1,000.00/sq.m. -630 square Industrial Lot meters C-002-02085 V-63078 P1,000.00/sq.m. -630 square Industrial Lot meters C-002-02084 V-63079 P1,000.00/sq.m. -679 square Industrial Lot meters C-002-02083 V-63080 P1,000.00/sq.m. -630 square Industrial Lot meters C002-02082 V-63081 P1,000.00/sq.m. -627 square Industrial Lot 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 propertybased 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: LOT OWNER TITLE/AREA LOCATION MARKET PURPOSE VALUE PER TAX DECLARATION 1. Northhills TCT NO. V- A. Mariano St., C-027-03433 Bagbaguin Holding Realty 100985 Barangay 1,500/sq. m. Barangay and -3,124 square Bagbaguin, Industrial Lot Complex Development meters Valenzuela City Corp. and/or other persons claiming the same.

2. Royalseal, TCT NO. V- Malinta - C-023-04082 Paso de Blas Incorporated 106678 Novaliches P1,500.00/square High School (Merlita D. Ngo, - 1,305 square Road, Barangay meter single-previous meters Paso de Blas Commercial Lot owner) V-106679 Valenzuela City C-023-04081 - 3,359 square P1,500.00/square meters meter Commercial Lot 3. Leonora D. TCT NO. V- Que Grande C-025-14244 Ugong Aguila, married 93739 Street, Barangay P400.00/ square Barangay to Fernando G. - 6,078 square Ugong, meter Residential Complex Aguila; meters portion Valenzuela City Lot Edgardo Z. Dulatas, married to Constancia L. Dulatas; Luvina D. Bautista, married to Narciso Bautista; Zenaida D. Alvero, married to Gervacio Alvero; Priscila D. Tacbad, married to Renato Tacbad; Wilfredo Z. Dulata, married to Emma Dulatas; Michael Z. Dulatas, married to Ma. LourdesT. Dulatas; Sonla D. Abuel, married to Herman Abuel; Efren Z. Dulatas, married to Ma. Luz Victoria S. Dulatas;

4. Equitable TCT Nos. M.H. del Pilar C-002-02089 Arkong Bato PCI Bank V-63073 Street, (Arkong P1,000.00/sq.m High School (formerly -772 square Sato) Palasan, Industrial Lot Equitable meters Barangay C-002-02090 Banking V-63074 Arkong Bato, P1,000.00/sq.m Corporation) -1,373 square Valenzuela City Industrial Lot meters C-002-02088 V-63075 P1,000.00/sq.m. -741 square Industrial Lot meters C-002-02087 V-63076 P1,000.00/sq.m. -726 square Industrial Lot meters C-002-02086 V-63077 P1,000.00/sq.m. -630 square Industrial Lot meters C-002-02085 V-63078 P1,000.00/sq.m. -630 square Industrial Lot meters C-002-02084 V-63079 P1,000.00/sq.m. -679 square Industrial Lot meters C-002-02083 V-63080 P1,000.00/sq.m. -630 square Industrial Lot meters C002-02082 V-63081 P1,000.00/sq.m. -627 square Industrial Lot 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. OCTOBER 14, 2013.VALENZUELA CITY, METROPOLITAN MANILA.

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

(Sgd.) HON. MARCELINO G. (Sgd.) HON. LORENA NATIVIDAD- MORELOS BORJA Councilor Councilor Asst. Mijority 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. HON. CRISSHA M. PINEDA ALEJANDRINO Councilor Councilor

(Sgd.) HON. JENNIFER PINGREE- (Sgd.) HON. KRISTIAN ROME T. SY ESPLANA Councilor Councilor

(Sgd.) HON. RAMON L. (Sgd.) CRISTINA MARIE M. ENCARNACION FELICIANO Councilor Councilor (President, League of Barangays) (President, Federation of Sangguniang Kabataan) 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: _______________________Source: Supreme Court E-Library