VALENZUELA CITY ORDINANCE NO. 162 Series of 2014 SANGGUNIANG PANLUNGSOD "Excerpts from the minutes of the 55th Regular Session of the 6th City Council of Valenzuela held on October 13, 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 AND COVERED BY TRANSFER CERTIFICATES OF TITLE WITH NOS. V-64665, V-73348, (T-81247) T-64414 AND TCT NO. (T-41337) T-82237 LOCATED IN VALENZUELA CITY FOR THE CONSTRUCTION OF GOVERNMENT FACILITIES AND INFRASTRUCTURES AND OTHER PUBLIC PURPOSES AND APPROPRIATING FUNDS FOR JUST COMPENSATION THEREFOR. October 13, 2014

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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:

LOT OWNER	TITLE/AREA	LOCATION	MARKET VALUE PER TAX DECLARATION	PURPOSE
1.Rose Yu Ang, widow, and/or other persons claiming the same	TCT No. V-64665 (Lot830-B-2-C-1) 2,040 square meters	Tongco Street, Barangay Maysan, Valenzuela City	C-019-05169 Industrial Lot @ P1,500.00 per square meter	Pamantasan ng Lungsod ng Valenzuela Expansion
2.Metropolitan Bank & Trust Company, and/or other persons claiming the same	TCT NO. V-73348 (Lot 660-B-2-C) 1,201 square meters	A. Pablo Street, Barangay Malinta, Valenzuela City	C-016-10746 Commercial Lot @ P2.000.00 per square meter	Government Facilities
3.Natividad Hermoso, single,Pat Hermoso, single, and/or other persons claiming the same	TCT NO. (T-81247) T-64414 (Lot 660-B-2-B) 192.50 square meters	Corner A. Pablo Street, MacArthur Highway, Barangay Malinta , Valenzuela City	C-016-14618 Residential Lot @ P600.00 per square meter	Right-of-way/ Government Facilities (Frontage of TCT No. V-73348)
4.Angelesio C. Tugado, married to Antonina Febella and/or other persons claiming the same	TCT NO. (T-41377) T-82237 (Lot 799-V) 2,090 square meters	M. delos Reyes Street, Barangay Gen. T. de Leon, Valenzuela City	C-018-08464 Residential Lot @P400.00 per square meter	Government Facilities/3S Center

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:

LOT OWNER	TITLE/AREA	LOCATION	MARKET VALUE PER TAX DECLARATION	PURPOSE
1.Rose Yu Ang, widow, and/or other persons claiming the same	TCT No. V-64665 (Lot830-B-2-C-1) 2,040 square meters	Tongco Street, Barangay Maysan, Valenzuela City	C-019-05169 Industrial Lot @ P1,500.00 per square meter	Pamantasan ng Lungsod ng Valenzuela Expansion
2.Metropolitan Bank & Trust Company, and/or other persons claiming the same	TCT NO. V-73348 (Lot 660-B-2-C) 1,201 square meters	A. Pablo Street, Barangay Malinta, Valenzuela City	C-016-10746 Commercial Lot @ P2.000.00 per square meter	Government Facilities
3.Natividad Hermoso, single,Pat Hermoso, single, and/or other persons claiming the same	TCT NO. (T-81247) T-64414 (Lot 660-B-2-B) 192.50 square meters	Corner A. Pablo Street, MacArthur Highway, Barangay Malinta , Valenzuela City	C-016-14618 Residential Lot @ P600.00 per square meter	Right-of-way/ Government Facilities (Frontage of TCT No. V-73348)
4.Angelesio C. Tugado, married to Antonina Febella and/or other persons claiming the same	TCT NO. (T-41377) T-82237 (Lot 799-V) 2,090 square meters	M. delos Reyes Street, Barangay Gen. T. de Leon, Valenzuela City	C-018-08464 Residential Lot @P400.00 per square meter	Government Facilities/3S Center

NOW, THEREFORE, be itORDAINEDas it is herebyORDAINEDby 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 Councilor Majority Floor Leader	HON. ROSALIE ESTEBAN-CAYCO Councilor Minority Floor Leader
HON. MARCELINO G. MORELOS Councilor	(Sgd.) HON. LORENA NATIVIDAD-BORJA Councilor Asst. Majority Floor Leader
(Sgd.) HON. ROVIN ANDREW M. FELICIANO Councilor	(Sgd.) HON.LAILANIE P. NOLASCO Councilor
(Sgd.) HON. CORAZON A. CORTEZ Councilor	(Sgd.) HON. KIMBERLY ANN DV. GALANG Councilor
(Sgd.) HON. MARLON PAULO C. ALEJANDRINO Councilor	(Sgd.) HON. CRISSHA M. PINEDA Councilor
(Sgd.) HON. JENNIFER PINGREE-ESPLANA Councilor	(Sgd.) HON. KRISTIAN ROME T. SY 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. GATCHALIANCity MayorDate Signed: _______________________