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Authored by: Councilor ANTONIO R. ESPIRITU, Councilor ROVIN ANDREW M. FELICIANO,
Councilor CORAZON A. CORTEZ, Councilor HON. MARLON PAULO C. ALEJANDRINO,
Councilor JENNIFER PINGREE-ESPLANA, Councilor LORENA NATIVIDAD-BORJA,
Councilor LAILANIE P. NOLASCO, Councilor KIMBERLY ANN D.V. GALANG,
Councilor CRISSHA M. PINEDA and Councilor RAMON L. ENCARNACION

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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 power necessary, appropriate or incidental for its efficient and effective governance, and these 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 has evaluated several sites in which to locate the various government facilities and infrastructure and the best and suitable site evaluated consists of:

LOT OWNER	TITLE/AREA	LOCATION	MARKET VALUE PER TAX DECLARATION	PURPOSE
1. Elizabeth Tan married to Anson Tan	TCT NO. V-68164 523 square meters	MacArthur Highway, Dalandanan, Valenzuela City	C-015-04022 Industrial Lot @ P2,000/per square meter	Barangay Dalandanan Complex
2. Alma S. Villar-Legazpi, married Domingo Z. Legazpi and Amante S. Villar married to Dolores Yabut	TCT NO. 013-2013000673 3,000 square meters portion (Total Area 6,231 square meters)	Makipot Road, Barangay Malinta, Valenzuela City	C-016-13870 Residential Lot @ P400.00/square meters	Government Facilities

WHEREAS, the City Government of Valenzuela shall faithfully comply with the provision of our Constitution, applicable provisions of law and such other rules and regulations consistent with the observance and compliance with the due process requirements of the law by way of issuances of proper notice to the respective registered owners with offer to buy aforesaid 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, to wit:

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 fitting 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 following properties for various government facilities and infrastructures:

LOT OWNER	TITLE/AREA	LOCATION	MARKET VALUE PER TAX DECLARATION	PURPOSE
1. Elizabeth Tan married to Anson Tan	TCT NO. V-68164 523 square meters	MacArthur Highway, Dalandanan, Valenzuela City	C-015-04022 Industrial Lot @ P2,000/per square meter	Barangay Dalandanan Complex
2. Alma S. Villar-Legazpi, married Domingo Z. Legazpi and Amante S. Villar married to Dolores Yabut	TCT NO. 013-2013000673 3,000 square meters portion (Total Area 6,231 square meters)	Makipot Road, Barangay Malinta, Valenzuela City	C-016-13870 Residential Lot @ P400.00/square meters	Government Facilities

NOW THEREFORE, be it ORDAINED as it is hereby ORDAINED by the City Council of Valenzuela in session duly assembled that an ordinance be issued authorizing the purchase or expropriation of parcels of land as above stated and other related public use purpose 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 sign all documents related thereto and to perform any and all acts and deeds which are required, necessary and incidental to carry out me purpose or this Ordinance.

ENACTED.
DECEMBER 16, 2013.
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	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)
	ATTESTED:
	(Sgd.) FLAVIO C. DIAZ Secretary
CERTIFIED CORRECT:
(Sgd.) HON. ERIC M. MARTINEZ Presiding Officer City Vice Mayor
APPROVED:
(Sgd.) HON. REXLON T. GATCHALIAN City Mayor Date Signed: _______________________