Full TEXT:

ORDINANCE NO. 2019-074

AN ORDINANCE EXERCISING THE POWER OF EMINENT DOMAIN OVER THE THREE (3) PARCELS OF LAND ALL LOCATED AT BARANGAY STA. CRUZ, NAGA CITY, COVERED UNDER TRANSFER CERTIFICATE OF TITLE NO. 086CARP2019000004, EP NO. 00012138 SPECIFICALLY DESCRIBED AS LOT 1293-H, BSD-05-001438 REGISTERED IN THE NAME OF THE HEIRS OF FELIPE ISIDRO COVERING AN AREA OF 4,959 SQUARE METERS, TRANSFER CERTIFICATE OF TITLE NO. 086- CARP2019000002, EP NO. 008112136 SPECIFICALLY DESCRIBED AS LOT NO. 1293-C AND 1293-I, BSD-05-001438 (OLT) REGISTERED IN THE NAME OF THE HEIRS OF ANTONIO CAPUCOA COVERING AN AREA OF 13,017 SQUARE METERS, AND LOT NO. 1291 (PORTION) WITH TAX DECLARATION NO. 0802002102202 REGISTERED IN THE NAME OF THE HEIRS OF GREGORIO DE LA CRUZ COVERING AN AREA OF 4,140 SQUARE METERS, FOR THE PURPOSE OF UTILIZING THE SAME AS SITE OF THE PROPOSED STA. CRUZ NATIONAL HIGH SCHOOL, POLICE OUTPOST, CITY HEALTH OFFICE II AND SATELLITE MARKET, AND 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 OF APPROPRIATING THE AMOUNT OF EIGHT MILLION PESOS (P8,000,000.00) TO THE ACCOUNT “LAND” UNDER THE OFFICE OF THE CITY MAYOR, CHARGEABLE AGAINST THE 2018 SURPLUS, TO FUND THE INITIAL DEPOSIT AND RELATED EXPENSES REQUIRED FOR THE IMMEDIATE POSSESSION OF THE SUBJECT PROPERTIES BY THE CITY GOVERNMENT: –

Sponsor: Hon. Joselito S.A. del Rosario

Hon. Herminia A. Morada

City Senior Citizen Councilor

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

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 Sta. Cruz, Naga City, specifically described as follows:

OWNER	SURVEY LOT NO.	AREA (sq.m.)
1. Heirs of Felipe Isidro	Lot 1293-H	4,959
2. Heirs of Antonio Capucao	Lots 1293-C & 1293-I	13,017
3. Heirs of Gregorio de la Cruz	Lot 1291 (portion)	4,740

SECTION 2.  Purpose. – The power of eminent domain is
being exercised over the subject properties so that it may be used
as site of the proposed Sta. Cruz National High School, police
outpost, City Health Office II and Satellite Market which are
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 alternative 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 Sangguniang
Panlungsod.

SECTION 4. – The amount of Eight Million Pesos (P8,000,000.00) is hereby appropriated to the account “Land” under the Office of the City Mayor, chargeable against the 2018 Surplus to fund the initial deposit and related expenses required for the immediate possession of the subject properties by the City Government.

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 and deposited to the court.

WE HEREBY CERTIFY to the correctness of the foregoing ordinance.

GIL DE LA TORRE
Secretary to the Sangguniang Panlungsod

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

MERCY D. PANTE
City Senior Citizen Secretary to the Sangguniang Panlungsod

REBECCA J. BELLES
City Senior Citizen Vice Mayor & Presiding Officer

APPROVED:

EVANGELINE T. QUIÑONES
City Senior Citizen Mayor

NELSON S. LEGACION
City Mayor