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  • 11th SB Ordinance No. 2016-09 - Expropriating An Area of 87 Square Meters of Lot No. 10688-B, Located at Sitio Dapdap, Catarman.

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    Dennis Padolina
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    The ordinance authorizes the municipal mayor of Liloan, Cebu, Philippines to initiate expropriation proceedings over 87 square meters of privately owned land belonging to Domingo Arita. The land is needed for a public access road connecting a day care center and neighboring estates. Expropriation is allowed under Philippine law for public use upon payment of just compensation. The ordinance allocates 78,300 pesos for the proceedings based on the land's fair market value tax declaration.

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    sample expropriation ordinance

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    11th SB Ordinance No. 2016-09 -- Expropriating an Area of 87 Square Meters of Lot No. 10688-B, Located at Sitio Dapdap, Catarman.

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    The ordinance authorizes the municipal mayor of Liloan, Cebu, Philippines to initiate expropriation proceedings over 87 square meters of privately owned land belonging to Domingo Arita. The land is needed for a public access road connecting a day care center and neighboring estates. Expropriation is allowed under Philippine law for public use upon payment of just compensation. The ordinance allocates 78,300 pesos for the proceedings based on the land's fair market value tax declaration.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    53 views2 pages

    11th SB Ordinance No. 2016-09 - Expropriating An Area of 87 Square Meters of Lot No. 10688-B, Located at Sitio Dapdap, Catarman.

    Uploaded by

    Dennis Padolina
    The ordinance authorizes the municipal mayor of Liloan, Cebu, Philippines to initiate expropriation proceedings over 87 square meters of privately owned land belonging to Domingo Arita. The land is needed for a public access road connecting a day care center and neighboring estates. Expropriation is allowed under Philippine law for public use upon payment of just compensation. The ordinance allocates 78,300 pesos for the proceedings based on the land's fair market value tax declaration.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 2

    Republic of the Philippines

    Province of Cebu
    Municipality of Lilo-an

    SANGGUNIANG BAYAN
    11th
    Sanggunian
    Telefax: 564-2085

    Excerpts From The Minutes Of The Regular Session, Held At The Legislative Session Hall On
    November 02, 2016.
    Present:

    Hon. Vincent Franco D. Frasco - - Vice Mayor/Presiding Officer


    Hon. Thelma L. Jordan - - Sangguniang Bayan Member
    Hon. Leo V. Pilapil - - Sangguniang Bayan Member
    Hon. Ferdinand C. Jumapao - - Sangguniang Bayan Member
    Hon. Edna M. Cala - - Sangguniang Bayan Member
    Hon. Cesar R. Cañete Jr. - - Sangguniang Bayan Member
    Hon. Leo P. Salundaguit - - Sangguniang Bayan Member
    On Leave of Absence:

    Hon. Nelly Bernardo L. Lopez - - Sangguniang Bayan Member


    Hon. Vidal C. Cañete - - Sangguniang Bayan Member
    Hon. Juanito C. Cantero - - Sangguniang Bayan Member

    ORDINANCE NO. 2016 – 09


    (Author: Hon. Thelma L. Jordan)

    AN ORDINANCE AUTHORIZING THE MUNICIPAL MAYOR TO INITIATE EXPROPRIATION PROCEEDINGS


    OVER THE 87 SQUARE METERS OF LOT NO. 10688-B, COVERED BY TCT NO. O-1650-(FP) DECLARED FOR
    TAXATION PURPOSES UNDER TAX DECLARATION NO. 24-0004-1213 IN THE NAME OF DOMINGO ARITA IN
    SITIO DAPDAP, BARANGAY CATARMAN, MUNICIPALITY OF LILOAN, CEBU.

    WHEREAS, the expansion, development and creation of road networks and the public’s
    unhampered access thereto in the Municipality of Liloan is a vital infrastructure needed for sustained
    growth and development and for the upliftment of the general welfare;

    WHEREAS, for several years now, a private road in Sitio Dapdap, Barangay Catarman constituting 87
    sq. m. of cadastral Lot No. 10688-B covered by TCT No. O-1650-(FP) declared for taxation purposes under Tax
    Declaration No. 24-0004-1213 in the name of Domingo Arita, has been used as an access road for public use
    from the Barangay Road in Sitio Dapdap, connecting to the Day Care Center & neighboring estates in
    Mahayahay 2, Catarman, Liloan, Cebu (“the Private Access Road”);

    WHEREAS, the Private Access Road, if it continues to be privately owned, does not guarantee
    continued access to the public;

    WHEREAS, to effectively provide a solution to the above-mentioned for the convenience and
    comfort of commuters and residents and in the interest of upholding the general welfare, the acquisition of
    the private Access Road in Sitio Dapdap, Barangay Catarman has become an imperative and imminent
    necessity;

    WHEREAS, the private Access Road constitute the privately-owned lot by Domingo Arita in Sitio
    Dapdap, Barangay Catarman, Cebu covered by TCT No. O-1650-(FP) declared for taxation purposes
    under Tax Declaration No. 24-0004-1213 in the name of Domingo Arita;

    WHEREAS, the taking of above-described private property is an imminent and necessary measure
    that has to be undertaken by the local government unit of Liloan for public use and a public purpose;

    WHEREAS, pursuant to efforts to acquire the above-mentioned private access road in Sitio Dapdap,
    Barangay Catarman, a valid and definite offer had been previously made to Domingo Arita by the local
    government unit of Liloan, but such offer was rejected;

    Page 1 of 2 Pages of Ordinance No. 2016 – 09


    WHEREAS, through the exercise of the power of eminent domain, the affected private property
    may be acquired by the local government unit of Liloan 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 to 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 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;

    PURSUANT TO THE POWER AND AUTHORITY OF THE LOCAL GOVERNMENT OF LILOAN, BE IT


    ORDAINED, AS IT IS HEREBY ORDAINED, to authorize the Municipal Mayor of Liloan to initiate
    expropriation proceedings over the 87 square meters of Lot no. 10688-b in Sitio Dapdap, Barangay
    Catarman, Liloan the parcel of land of which is owned By Domingo Arita covered by TCT No. O-1650-(FP)
    declared for taxation purposes under Tax Declaration No. 24-0004-1213 in the name of Domingo Arita;

    Section 1. Title – Authorizing The Municipal Mayor To Initiate The Expropriation Proceedings
    Over The 87 Square Meters Of Lot No. 10688-B in Sitio Dapdap, Barangay Catarman, Liloan, the parcel of
    land of which is owned By Domingo Arita;
    Section 2. Purpose. This Ordinance is for the public purpose of providing an access road for
    public use from the Barangay Road in Sitio Dapdap, connecting to the Day Care Center & neighboring
    estates in Mahayahay 2, Catarman, Liloan, Cebu;
    Section 3. Subject. The subject of this Ordinance is a privately owned-lot covered by TCT No. O-
    1650-(FP), which constitutes 87 square meters of Cadastral lot No. 10688-B, located at Sitio Dapdap,
    Barangay Catarman, Liloan, Cebu, declared for taxation purposes under Tax Declaration No. 24-0004-
    12130 in the name of Domingo Arita;
    Section 4. The Amount of Php 78, 300.00 (87 sq.m. x Php 900.00 as per fair market value) shall
    be allocated for the expropriation proceedings over the privately-owned land belonging to Domingo
    Arita In Sitio Dapdap, Barangay Catarman, Municipality Of Liloan, Cebu.
    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 days after
    posting in the Municipal Hall and in the Barangay Hall of Barangay Catarman, Liloan, Cebu.
    ENACTED: November 02, 2016.
    -oOo-

    CERTIFIED TO BE DULY ENACTED:

    HON. VINCENT FRANCO D. FRASCO


    ATTESTED: Presiding Officer

    JOSE P. CRISOLOGO
    Secretary to the Sanggunian
    APPROVED: _November 14, 2016.

    HON. MA. ESPERANZA CHRISTINA C. FRASCO


    Municipal Mayor
    Page 2 of 2 Pages of Ordinance No. 2016 – 09

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