ORDINANCE NO: 2017-382
(Co-Sponsors: Committee on Finance and Appropriation; and
Committee on Ways and Means)
"AN ORDINANCE AUTHORIZING THE CITY MAYOR TO INITIATE EXPROPRIATION PROCEEDINGS OVER THE 2, 570 SQUARE METERS OF LOT 22-A-6, COVERED BY TCT NO. T-14,030 DECLARED FOR TAXATION PURPOSES UNDER TAX DECLARATION NO. 2009-001193 AND 823 SQUARE METERS OF LOT 21-C-2-A, COVERED BY TCT NO. T-14,193 DECLARED FOR TAXATION PURPOSES UNDER TAX DECLARATION NO. 2009-001214 BOTH IN THE NAME OF SAMUEL BULANG LOCATED IN BARANGAY DAO, PAGADIAN CITY, ZAMBOANGA DEL SUR AND APPROPRIATING THE NECESSARY FUNDS NEEDED THEREFOR AND FOR OTHER PURPOSES"
WHEREAS, the further development and improvement of ROTUNDA park into a better eco-tourism spot is needed to attract tourists, generate tourism related activities, and provide an additional recreational facility to the public;
WHEREAS, the 2,570 sq. m. of Lot 22-A-6, covered by TCT No. T-14, 030 declared for taxation purposes under tax declaration No. 2009-001193 and 823 sq. m. of Lot 21-C-2-A, covered by TCT T-14, 193 declared for taxation purposes under tax declaration No. 2009-001214, both registered in the name of Samuel Bulang, from ROTONDA park and have been occupied and possessed by the City of Pagadian for more several years now;
WHEREAS, if the above-mentioned portions of parcels of land continue to be privately owned, it will not guarantee full public access and use of ROTUNDA park;
WHEREAS, to effectively provide a solution to the above-stated and in the interest of upholding the general welfare, the acquisition of the afore-stated portions of parcels of land registered under the name of Samuel Bulang in BRGY. Dao, Pagadian City has become an important and imminent public necessity;
WHEREAS, a prior valid and definite offer had been previously made to Samuel Bulang by the City Government of Pagadian, but said offer was rejected;
WHEREAS, through the exercise of the power of eminent domain, the affected private properties may be acquired by the local government unit of Pagadian City through expropriation proceedings;
WHEREAS, Section 19 of the Local Government Code of 1991 provides:
xxx a local government may, through its chief executive and acting pursuant to an ordinance, exercise the power of eminent domain for public use, or purpose 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 may immediately take possession of the property upon filing of the 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 taking of the property xxx;
Be it ordained by the Sangguniang Panlungsod (12th City Council) of Pagadian City in session assembled that:
Section 1. Title. - This Ordinance shall be known as an "Expropriation Ordinance of Pagadian City."
Section 5. Separability Clause. - if for any reason, any portion or provision of this Ordinance is declared unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby, shall continue in full force and effect.
Section 6. Effectivity Clause. - This Ordinance shall take effect immediately ten (10) days after posting in the City Hall and in the Barangay Hall of Barangay Dao, Pagadian City, Philippines.
ENACTED AND APPROVED by the 12th City Council of Pagadian City during its 43rd Regular Session held on 28 June 2017 at the Sangguniang Panlungsod Session Hall, Pagadian City.