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ORDINANCE NO. 2019-073

[Amendment]

AN ORDINANCE AMENDING ORDINANCE NO. 2017-059, ENTITLE: “AN ORDINANCE EXERCISING THE POWER OF EMINENT DOMAIN OVER CERTAIN PORTION OF SIX (6) PARCELS OF LAND ALL LOCATED IN BARANGAYS CARARAYAN AND SAN ISIDRO, NAGA CITY, AND AUTHORIZING THE CITY MAYOR TO FILE THE INITIATORY COMPLAINT OR PLEADING IN COURT, AND FURTHER APPROPRIATING THE AMOUNT OF ONE HUNDRED EIGHTY ONE THOUSAND TWO HUNDRED SIX AND 35/100 PESOS (P181,206.35) TO COVER THE PAYMENT FOR JUST COMPENSATION, CHARGEABLE AGAINST THE LOCAL DEVELOPMENT FUND (LDF) SPECIFICALLY UNDER LETTER C, ITEM NO. 2 THEREOF FOR THE PROPOSED ROAD LEADING TO THE SAN ISIDRO SANITARY LANDFILL”, BY CHANGING THE AREA OF THE AFFECTED PROPERTY OF MR. FLABIANO GALLARTE FROM TWO HUNDRED FORTY SEVEN (247) SQUARE METERS OT FIVE HUNDRED EIGHTEEN (518) SQUARE METERS

Author(s)/Sponsor(s): Hon. Salvador M. del Castillo
Date Enacted: September 17, 2019

Highlights

Summary: This ordinance amends Ordinance No. 2017-059, which originally authorized the exercise of eminent domain over six parcels of land in Barangays Cararayan and San Isidro, Naga City. The amendment specifically revises the affected area of Mr. Flabiano Gallarte’s property, increasing it from two hundred forty-seven (247) square meters to five hundred eighteen (518) square meters. The purpose of the eminent domain remains the same: for the proposed road leading to the San Isidro Sanitary Landfill. The original ordinance had appropriated P181,206.35 from the Local Development Fund (LDF) for just compensation.

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Full TEXT:

ORDINANCE NO. 2019-073

AN ORDINANCE AMENDING ORDINANCE NO. 2017-059, ENTITLED: “AN ORDINANCE EXERCISING THE POWER OF EMINENT DOMAIN OVER CERTAIN PORTION OF SIX (6) PARCELS OF LAND ALL LOCATED IN BARANGAYS CARARAYAN AND SAN ISIDRO, NAGA CITY, AND AUTHORIZING THE CITY MAYOR TO FILE THE INITIATORY COMPLAINT OR PLEADING IN COURT, AND FURTHER APPROPRIATING THE AMOUNT OF ONE HUNDRED EIGHTY ONE THOUSAND TWO HUNDRED SIX & 35/100 PESOS (P181,206.35) TO COVER THE PAYMENT FOR JUST COMPENSATION, CHARGEABLE AGAINST THE LOCAL DEVELOPMENT FUND (LDF) SPECIFICALLY UNDER LETTER C, ITEM NO. 2 THEREOF FOR THE PROPOSED ROAD LEADING TO THE SAN ISIDRO SANITARY LANDFILL“, BY CHANGING THE AREA OF THE AFFECTED PROPERTY OF MR. FLABIANO GALLARTE FROM TWO HUNDRED FORTY SEVEN (247) SQUARE METERS TO FIVE HUNDRED EIGHTEEN (518) SQUARE METERS: –

Sponsor: Hon. Salvador M. del Castillo

Be it ordained by the Sangguniang Panlungsod of Naga, that:

SECTION 1. Ordinance No. 2017-059, entitled: “An ordinance exercising the power of eminent domain over certain portion of six (6) parcels of land all located in Barangays Cararayan and San Isidro, Naga City, and authorizing the City Mayor to file the initiatory complaint or pleading in court, and further appropriating the amount of One Hundred Eighty One Thousand Two Hundred Six & 35/100 Pesos (P181,206.35 to cover the payment for just compensation, chargeable against the Local Development Fund (LDF) specifically under letter c Item No. 2 thereof for the proposed road leading to the San Isidro Sanitary Landfill” is hereby amended by changing the area of the affected property of Mr. Flabiano Gallarte from Two Hundred Forty Seven (247) square meters to Five Hundred Eighteen (518) Square Meters, now to read as follows:

REGISTERED OWNER TD NUMBER AREA AFFECTED (sq.m.)
Flaviano Gallarte TD 0802002400026 518

SECTION 5. Effectivity. This ordinance shall take effect immediately upon its approval.

ENACTED: September 17, 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 S. LEGACION
City Mayor