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ORDINANCE NO. 2019-049

AN ORDINANCE EXCERCISING THE POWER OF EMINENT DOMAIN OVER THE SIX (6) PARCELS OF LAND ALL LOCATED AT BARANGAY BALATAS, NAGA CITY, COVERED UNDER TRANSFER CERTIFICATE OF TITLE NOS. 142, 91 AND 92 WITH A TOTAL LAND AREA OF 5,416 SQUARE METERS REGISTERED IN THE NAME OF JESUS SAN JOAQUIN, TRANSFER CERTIFICATE OF TITLE NOS. 128 AND 90 WITH A TOTAL LAND AREA OF 9,426 SQUARE METERS REGISTERED IN THE NAME OF BASILIO ROBLAS, AND TRANSFER CERTIFICATE OF TITLE NO. 135 MEASURING 4,568 SQUARE METERS REGISTERED IN THE NAME OF PEDRO LIZANO FOR THE PURPOSE OF UTILIZING THE SAME AS SOCIALIZED HOUSING UNDER THE CITY’S HOUSING PROGRAM FOR THE UNDERPRIVILEGED, AUTHORIZING THE CITY MAYOR TO FILE IN COURT THE NECESSARY COMPLAINT FOR EXPROPRIATION THEREOF PROVIDED THAT ANY COMPROMISE AGREEMENT THAT MAY BE ENTERED THEREIN SHALL BE WITH PRIOR APPROVAL OF THE SANGGUNIANG PANLUNGSOD, AND FOR THE PURPOSE APPROPRIATING THE AMOUNT EQUIVALENT TO THE FAIR MARKET VALUE OF THE SUBJECT PROPERTY BASED ON THEIR CURRENT TAX DECLARATION, AND AUTHORIZING THE RELEASE OF THE AMOUNT EQUIVALENT TO 15% OF SUCH FAIR MARKET VALUE TO BE DEPOSITED TO THE COURT FOR THE IMMEDIATE POSSESSION OF THE SUBJECT PROPERTIES BY THE CITY GOVERNMENT:-

Sponsor: Hon. Mila S.D. Raquid-Arroyo

Be it ordained by the Sangguniang Panlungsod of Naga,

SECTION 1. Exercise of Eminent Domain. Prior efforts to acquire the parcels of land subject hereof having been rejected by the owners as to the price offered which is deemed as non-acceptance of the city’s valid and definite offer to buy, the City of Naga hereby exercises its power of eminent domain over the following parcels of land located at Barangay Balatas, Naga City, specifically described as follows:

OWNER	TCT NO.	NO. OF PARCELS	AREA (Sq.m.)
1. Jesus San Joaquin	142, 91, 92	3	5,416
2. Basilio Roblas	128, 90	2	9,426
3. Pedro Lizano	135	1	4,568

SECTION 2. Purpose. The power of eminent domain is being exercised over the subject properties so that it may be used as resettlement site under the socialized housing program of the City Government, a project which is definitely for public use or purpose or for the general welfare of the people of Naga City.

SECTION 3. Authority. The City Mayor is hereby authorized to sign and file the necessary complaint for expropriation in the proper court and to represent the city in all the stages of the proceedings thereon, to make stipulations and/or admissions of facts in the pre-trial, to enter into a compromise or amicable settlement, to submit to alternatives modes of dispute resolution, and to perform such acts and things as may be necessary to carry out the foregoing authority.

In case of a settlement or compromise agreement, however, the same shall be subject to prior approval of the the Sangguniang Panlungsod.

SECTION 4. The amount equivalent to the fair market value based on the current tax declaration of the subject properties is hereby appropriated for the purpose of this Ordinance.

SECTION 5. For the purpose of effecting immediate possession of the property upon filing of the expropriation proceeding, the amount equivalent to 15% of the fair market value based on the current tax declaration of the subject properties is hereby authorized to be immediately released to deposited to the court.

SECTION 6. Effectivity. This ordinance shall take effect immediately upon its approval.

ENACTED: July 16, 2019

WE HEREBY CERTIFY to the correctness of the foregoing ordinance.

GIL A. DE LA TORRE
Secretary to the Sangguniang Panlungsod

CECILIA B. VELUZ-DE ASIS
City Vice Mayor & Presiding Officer

APPROVED:

NELSON LEGACION
City Mayor