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Malaya (March 18, 2015)

[ MANILA CITY ORDINANCE NO. 8387, March 10, 2015 ]

REGULAR SESSION NO. 137
9th CITY COUNCIL

Begun and held in the City Council on Thursday, the eleventh day of December, Two Thousand Fourteen

AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO. 8175, BY INSERTING THEREIN THE PHRASE "THE REGISTERED MEMBERS OF THE HUWAG KANG BIBITIW, INCORPORATED SHALL BE EXTENDED PRIORITY THEREFOR"




SPONSORED BY:

HON. ERNESTO M. DIONISIO, JR.
Acting Majority Floor Leader


EXPLANATORY NOTE


The issue at hand is City Ordinance No. 8175, entitled: "AN ORDINANCE AUTHORIZING THE CITY MAYOR OF MANILA, HON. JOSE L. ATIENZA, JR., TO ACQUIRE EITHER THROUGH NEGOTIATION OR EXPROPRIATION THAT CERTAIN PARCEL OF LAND LOCATED AT HERBOSA-FRANCO-TIOCO STREETS IN TONDO, MANILA, COVERED BY TRANSFER CERTIFICATE OF TITLE NO. 106367 AND REGISTERED IN THE NAMES OF ENELEA SANTA MARIA NALUS, ET. AL, MEASURING THREE THOUSAND EIGHT HUNDRED THIRTY TWO SQUARE METERS AND NINETY DECIMETERS (3,832.90), MORE OR LESS, FOR RESALE AT COST OR NO INSTALLMENT BASIS TO QUALIFIED, ACTUAL AND BONA FIDE RESIDENTS/OCCUPANTS THEREAT, UNDER THE LAND-FOR-THE-LANDLESS PROGRAM OF THE CITY OF MANILA, AND APPROPRIATING FUNDS NECESSARY THEREFORE" which was passed by the City Council of Manila on June 12, 2007. In essence, the Ordinance authorized the City Mayor of Manila to acquire either through negotiation or expropriation of a parcel of land located at Herbosa-Pritil-Tioco Streets in Tondo, Manila covered by Transfer Certificate of Title No. 106367, in the Registry of Deeds for the City of Manila.

The officers and members of Wag Kang Bibitiw, Inc., a duly registered organization with the Securities and Exchange Commission and the intended beneficiary, driven by desire of owning a land really worked hard for the passage of the above-cited measure.

However, it was recently discovered that there are glaring discrepancies in the final wordings of the Ordinance, which excluded the intended beneficiaries, vis-a-avis the published version of the same.

Taking cognizance of the sensitivity of the discrepancy, the Body directed the City Council Secretariat to revisit the minutes of sessions when the measure was tackled. It was found out that in no way the draft ordinance was ever amended during its deliberation on second reading, and concluded that the discrepancies may have been a result of a simple inadvertence.

(Sgd.) HON. ERNESTO M. DIONISIO, JR.
Councilor, First District               

Be it ordained by the City Council of Manila, in session assembled, THAT:

SECTION 1. Section 3 of Ordinance No. 8175 is hereby amended, to read as follows:
"SEC. 3. The aforementioned parcel of land to be expropriated shall be resold at cost on installment basis to qualified, actual and bona fide residents/occupants thereat, under the Land-for-the-Landless Program of the City of Manila. The registered members of the district-based HUWAG KANG BIBITIW, INC., shall be extended priority therefor."
SEC. 2. The Office of the City Legal Officer, the Urban Settlements Office and other related offices of the City of Manila shall make the necessary actions/s in order to carry out the provisions of this amended ordinance.

SEC. 3. Effectivity Clause. - This Ordinance shall take effect upon its approval.

This Ordinance was finally enacted by the City Council of Manila on February 17, 2015.

PRESIDED BY:

(Sgd.) EDWARD V.P. MACEDA
President Pro-Tempore and    
Acting Presiding Officer     
City Council, Manila        

ATTESTED:

     (Sgd.) LUCH R. GEMPIS, JR.
City Government Department Head III
      (Secretary to the City Council)

APPROVED BY HIS HONOR, THE MAYOR, ON March 10, 2015.

(Sgd.) JOSEPH EJERCITO ESTRADA
Mayor                           
City of Manila                     

ATTESTED:

    (Sgd.) EDWARD S. SERAPIO
City Government Department Head III
          (Secretary to the Mayor)
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