[ VALENZUELA CITY ORDINANCE NO. 160 Series of 2014, October 13, 2014 ]
SANGGUNIANG PANLUNGSOD
"Excerpts from the minutes of the 55th Regular Session of the 6th City Council of Valenzuela held on October 23, 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 LAND COVERED BY TRANSFER CERTIFICATES OF TITLE WITH NOS. V-67571, V-106140, V-106286, V-17949, 146149, 146151, 146152, V-29070, V-29071, V-29073, V-29074, V-29075, AND V-50506 LOCATED IN VALENZUELA CITY FOR THE CONSTRUCTION OF GOVERNMENT FACILITIES AND INFRASTRUCTURES AND OTHER PUBLIC PURPOSES AND APPROPRIATING FUNDS FOR JUST COMPENSATION THEREFOR.
Councilor CORAZON A. CORTEZ, Councilor MARLON PAULO C. ALEJANDRINO,
Councilor JENNIFER PINGREE-ESPLANA, Councilor LORENA NATIVIDAD-BORJA,
Councilor LAILANIE P. NOLASCO, Councilor KIMBERLY ANN DV. GALANG,
Councilor CRISSHA M. PINEDA, Councilor KRISTIAN ROME T. SY
And Councilor RAMON L. ENCARNACION
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. Danilo L. Conception (as Liquidator in trust of creditors) and/ or other persons claiming the same | TCT No. V-67571 (Lot 1) 10,000 square meters portion of 139,537 square meters |
Along Gen. Luis Street, Barangay Bagbaguin, Valenzuela City |
C-027-02565 Industrial Lot @P1,500.00 per square meter |
A. Mariano Elementary School Expansion |
| 2. Geospecialist Inc. and/or other persons claiming the same | TCT NO. V-106140 (Lot 376-A-1) 10,000 square meters TCT NO. V-106287 (Lot 416-A) 36,220 square meters |
Rubber Master Road, Barangay Lingunan, Valenzuela City | C-021 -06792 Industrial Lot @ P700.00 per square meter C-021-06941 Residential Lot @ P400.00 per square meter |
Government Facilities |
| 3. Carlos L. de Leon, married to Rosie F. de Leon, and/or other persons claiming the same. | TCT NO. V-17949 (Lot 1280-376- A-5) 2,071 square meters |
F. Bernardino St., Barangay Ugong, Valenzuela City | C-025-16412 Residential Lot @ P400.00 per square meter | Barangay Ugong High School |
| 4. SGV Properties, Inc. and/or other persons claiming the same. | TCT NO. V-146149 (Lot 2) 7,723 square meters portion of 8,626 square meters TCT NO. 146151 (Lot 610-B) 3,759 square meters portion of 6,573.50 square meters - Based on Tax Declaration (Title 6,585 square meters) TCT NO. 146152 (Lot 506) 1,712 square meter |
Along MacArthur Highway, Barangay Karuhatan, Valenzuela City | C-017-03516 Residential Lot @ P800.00 per square meter C-017-16842 Commercial Lot @ P2.000.00 per square meter C-017-03517 Residential Lot @ P600.00 per square meters |
Government Facilities |
| 5. Alfredo T. Ignacio, married to Teresita Mercado, Virginia I. Selpides, married to Ajerico Selpides, and Cristina I. Cardenas, married to Ernesto Cardenas, and/ or other persons claiming the same. | TCT NO. V-29070 (Lot 833-B-4-C-7) 2,350 square meters | Tongco Street, Barangay Maysan, Valenzuela City | C-019-03058 Residential Lot @ P400.00 per square meter | Pamantasan ng Lungsod ng Valenzuela Expansion |
| 6. Mauro S. Tongco, married to Eulalia Pineda, and/ or other persons claiming the same | TCT NO. V-29071 (Lot 833-B-4-C-8) 2,350 square meters | Tongco Street, Barangay Maysan, Valenzuela City | C-019-03053 Residential Lot @ P400.00 per square meter | Pamantasan ng Lungsod ng Valenzuela Expansion |
| 7. Angel S. Tongco, married to Josefina Bartolome, and/or other persons claiming the same | TCT NO. V-29073 (Lot 833-B-4-C-10) 2,514 square meters | Tongco Street, Barangay Maysan, Valenzuela City | C-019-03057 Residential Lot @ P400.00 per square meter | Pamantasan ng Lungsod ng Valenzuela Expansion |
| 8. Maxima S. Tongco, widow, and/or other persons claiming the same. | TCT NO. V-29074 (Lot 833-B-4-C-11) 2,477 square meters | Tongco Street, Barangay Maysan, Valenzuela City | C-019-03001 Residential Lot @ P400.00 per square meter | Pamantasan ng Lungsod ng Valenzuela Expansion |
| 9. Jose S. Tongco, married to Tranquilina Ocampo, Maxima S. Tongco, widow, Mauro S. Tongco, married to Eulalia Pineda, Angel S. Tongco, married to Josefina Bartolome, Alredo T. Ignacio, married to Teresita Mercado, Virginia I. Selpides, married to Ajerico Selpides and Cristina I. Cardenas, married to Ernesto Cardenas, and/ or other persons claiming the same | TCT NO. V-29075 (Lot 833-B-4-C-12) 915 square meters | Tongco Street, Barangay Maysan, Valenzuela City | C-019-08458 Residential Lot @ P400.00 per square meter | Pamantasan ng Lungsod ng Valenzuela Expansion |
| 10. Uy Han Huy, married to Felina Young, and/or other persons claiming the same | TCT NO. V-50506 (Lot 833-B-4-C-9) 2,380 square meters | Tongco Street, Barangay Maysan, Valenzuela City | C-019-04200 Residential Lot @ P400.00 per square meter | Pamantasan ng Lungsod ng Valenzuela Expansion |
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. Danilo L. Conception (as Liquidator in trust of creditors) and/ or other persons claiming the same | TCT No. V-67571 (Lot 1) 10,000 square meters portion of 139,537 square meters |
Along Gen. Luis Street, Barangay Bagbaguin, Valenzuela City |
C-027-02565 Industrial Lot @P1,500.00 per square meter |
A. Mariano Elementary School Expansion |
| 2. Geospecialist Inc. and/or other persons claiming the same | TCT NO. V-106140 (Lot 376-A-1) 10,000 square meters TCT NO. V-106287 (Lot 416-A) 36,220 square meters |
Rubber Master Road, Barangay Lingunan, Valenzuela City | C-021 -06792 Industrial Lot @ P700.00 per square meter C-021-06941 Residential Lot @ P400.00 per square meter |
Government Facilities |
| 3. Carlos L. de Leon, married to Rosie F. de Leon, and/or other persons claiming the same. | TCT NO. V-17949 (Lot 1280-376- A-5) 2,071 square meters |
F. Bernardino St., Barangay Ugong, Valenzuela City | C-025-16412 Residential Lot @ P400.00 per square meter | Barangay Ugong High School |
| 4. SGV Properties, Inc. and/or other persons claiming the same. | TCT NO. V-146149 (Lot 2) 7,723 square meters portion of 8,626 square meters TCT NO. 146151 (Lot 610-B) 3,759 square meters portion of 6,573.50 square meters - Based on Tax Declaration (Title 6,585 square meters) TCT NO. 146152 (Lot 506) 1,712 square meter |
Along MacArthur Highway, Barangay Karuhatan, Valenzuela City | C-017-03516 Residential Lot @ P800.00 per square meter C-017-16842 Commercial Lot @ P2.000.00 per square meter C-017-03517 Residential Lot @ P600.00 per square meters |
Government Facilities |
| 5. Alfredo T. Ignacio, married to Teresita Mercado, Virginia I. Selpides, married to Ajerico Selpides, and Cristina I. Cardenas, married to Ernesto Cardenas, and/ or other persons claiming the same. | TCT NO. V-29070 (Lot 833-B-4-C-7) 2,350 square meters | Tongco Street, Barangay Maysan, Valenzuela City | C-019-03058 Residential Lot @ P400.00 per square meter | Pamantasan ng Lungsod ng Valenzuela Expansion |
| 6. Mauro S. Tongco, married to Eulalia Pineda, and/ or other persons claiming the same | TCT NO. V-29071 (Lot 833-B-4-C-8) 2,350 square meters | Tongco Street, Barangay Maysan, Valenzuela City | C-019-03053 Residential Lot @ P400.00 per square meter | Pamantasan ng Lungsod ng Valenzuela Expansion |
| 7. Angel S. Tongco, married to Josefina Bartolome, and/or other persons claiming the same | TCT NO. V-29073 (Lot 833-B-4-C-10) 2,514 square meters | Tongco Street, Barangay Maysan, Valenzuela City | C-019-03057 Residential Lot @ P400.00 per square meter | Pamantasan ng Lungsod ng Valenzuela Expansion |
| 8. Maxima S. Tongco, widow, and/or other persons claiming the same. | TCT NO. V-29074 (Lot 833-B-4-C-11) 2,477 square meters | Tongco Street, Barangay Maysan, Valenzuela City | C-019-03001 Residential Lot @ P400.00 per square meter | Pamantasan ng Lungsod ng Valenzuela Expansion |
| 9. Jose S. Tongco, married to Tranquilina Ocampo, Maxima S. Tongco, widow, Mauro S. Tongco, married to Eulalia Pineda, Angel S. Tongco, married to Josefina Bartolome, Alredo T. Ignacio, married to Teresita Mercado, Virginia I. Selpides, married to Ajerico Selpides and Cristina I. Cardenas, married to Ernesto Cardenas, and/ or other persons claiming the same | TCT NO. V-29075 (Lot 833-B-4-C-12) 915 square meters | Tongco Street, Barangay Maysan, Valenzuela City | C-019-08458 Residential Lot @ P400.00 per square meter | Pamantasan ng Lungsod ng Valenzuela Expansion |
| 10. Uy Han Huy, married to Felina Young, and/or other persons claiming the same | TCT NO. V-50506 (Lot 833-B-4-C-9) 2,380 square meters | Tongco Street, Barangay Maysan, Valenzuela City | C-019-04200 Residential Lot @ P400.00 per square meter | Pamantasan ng Lungsod ng Valenzuela Expansion |
NOW, THEREFORE, be it ORDAINED as it is hereby ORDAINED by 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) |
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| ATTESTED: | |
| (Sgd.) FLAVIO C. DIAZ Secretary |
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| CERTIFIED CORRECT: | |
| (Sgd.) HON. ERIC M. MARTINEZ Presiding Officer City Vice Mayor |
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| APPROVED: | |
| (Sgd.) HON. REXLON T. GATCHALIAN City Mayor Date Signed: _______________________ |
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