ORDINANCE NO: 2021-480
Sponsored by the Committee of the Whole
"AN ORDINANCE TO EXPROPRIATE THE PARCEL OF LAND OWNED BY MS. CHARITY C. ULIDE, KNOWN AS LOT NO. B-3-A, COVERED BY TCT NO. 131-2019000767, CONTAINING AN AREA OF 15,000 SQUARE METERS, SITUATED AT BARANGAY BALINTAWAK, PAGADIAN CITY, ZAMBOANGA DEL SUR AND AUTHORIZING THE CITY MAYOR TO INITIATE EXPROPRIATION PROCEEDINGS OVER THE SAID PROPERTY AND APPROPRIATING THE NECESSARY FUNDS NEEDED THEREFORE AND FOR OTHER PURPOSES"
WHEREAS, in compliance with the directive and order of the National Government under the present administration reiterating the recognition of Pagadian City as the Regional Center for Western Mindanao, is thus pursuing in fast-tracking the acquisition and allocation of parcel of lands for the operation of different Regional Offices that will be transferred and situated at Barangay Balintawak, this City;
WHEREAS, to effectively pursue such priority development program, the acquisition of the parcel of land known as Lot No. B-3-A, covered by TCT No. 131-2019000767, containing an area of Fifteen Thousand (15,000) Square Meters, situated at Barangay Balintawak, this City owned by Ms. Charity C. Ulide became an important and imminent public necessity in order to meet enough required space for the Regional Offices for such purpose as well as to guarantee full public access thereat;
WHEREAS, pursuant to the provision of the Local Government Code of 1991, the City Government through the Honorable City Mayor had previously made a prior valid and definite offer/proposal to the land owner but said offer was rejected several times;
WHEREAS, through the exercise of the power of eminent domain, the affected private property 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: x x x 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 imminent 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 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 x x x;
NOW, THEREFORE, be it ordained by the Sanggunian Panlungsod (13th City Council) of Pagadian in session assembled that:
SECTION 1. Title. - This Ordinance shall be known as an Expropriation Ordinance of Pagadian City;"
SECTION 2. Purpose. - This Ordinance is enacted to expropriate the parcel of land containing an area of Fifteen Thousand (15,000) square meters known as Lot No. B-3-A, covered by TCT No. 131-2019000767 owned by certain Ms. Charity C. Ulide situated at Barangay Balintawak, Pagadian City, to pursue the development of the Regional Center and various regional offices located thereat;
SECTION 3. Authority. - The City Mayor of Pagadian is hereby authorized to initiate the expropriation proceedings for the above-referred parcel of land and undertake all such actions and comply with requisites necessary to support the legal processes;
SECTION 4. Allocation. - The total amount of Two Million Four Hundred Seventy-Five Thousand (P2,475,000.00) Pesos shall be allocated to cover the amount of the above-described lot belonging to Ms. Charity C. Ulide located at Barangay Balintawak, Pagadian City and shall be deposited by the City Government to appropriate depository offices/agency, based on the fair market value as herein computed;
Parcel of land containing an area of Fifteen Thousand (15,000) Square Meters at One Hundred Sixty-Five (P165.00) Pesos/Square Meter.
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 to be in full force and effect;
SECTION 6. Effectivity Clause. - This Ordinance shall take effect immediately Ten (10) Calendar Days after posting in the City Hall and in the Barangay Hall of Balintawak, Pagadian City, Philippines.
ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 89th Regular Session on 07 July 2021 at the SP Session Hall, 4th Floor City Commercial Center (C3), Santiago District, Pagadian City.