Ordinance No. 11 Series of 2013

Sangguniang Panlungsod, General Santos City Ordinance No. 11 Series of 2013

AN ORDINANCE ENACTING THE CODE OF ORDINANCES OF THE CITY OF GENERAL SANTOS – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Hon. Shirlyn L. Bañas-Nograles – Author Co-authors and & Principal Sponsors: Hon. Ronnel C. Rivera, Hon. Elizabeth B. Bagonoc, Hon. Vivencio E. Dinopol, Hon. Richard L. Atendido, Hon. Nepthale P. Natividad, Hon. Eduardo D. Leyson IV, Hon. Dante S. Vicente, Hon. Virginia T. Llido, Hon. Dominador S. Lagare III, Hon. Marius Orlando A. Oco, Hon. Margareth Rose N. Santos, Hon. Remus P. De Claro, Hon. Lourdes F. Casabuena, and Hon. Mac Alejandre M. Tablazon – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – TITLE 22 PUBLIC LAND AND PROPERTY

Chapter I Establishment of Structure at Sarangani Beach Area1

Section 1. It is unlawful for any person or persons or corporations to construct building or buildings along Sarangani Beach area of General Santos, declared as parks, to be bounded as follows:

MAGSAYSAY PARK

North – Pedro Acharon Boulevard East - City Engineer’s Office Site South - Sarangani Bay West - Creek near Matutum Hotel

MUNICIPAL PARK OF BULA

North - P. ACHARON Blvd. continuation and Barrio main street of Bula or Bula Subdivision East - Jorge Royeca Avenue South - Sarangani Bay West - Lagao-Bula road west of Bula Subdivision subdivided by LASEDECO.

Section 2. Existing buildings and properties or improvements erected or introduced prior to the enactment of this ordinance be removed, transferred or demolished within 60 days from the date of the effectivity of this ordinance, except, those properties covered with legal papers and further prohibiting additional improvements in any existing buildings, houses or shocks until the existing improvement shall have been removed.

Section 3. Any person or persons, association or corporation found violating this ordinance shall be fined of not less than P50.00 or not more than P200.00 and an imprisonment of not less than 6 months or both fine and imprisonment at the discretion of the Court.

Chapter II Limits on the Use of Public Land2

1Ordinance No. 11, Series of 1956, as amended by Ordinance No. 01, Series of 1958. 2Ordinance No. 07, Series of 1962.

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Section 1. The use of public places for peddling, hauling, hawking, storing or the like of any kind of merchandise or wares either by putting stalls and the like or displaying them are hereby prohibited, except during city festivities like Kalilangan Festival, Yaman Gensan, Tuna Festival, and Pasko Sa Gensan, and other similar occasion: Provided, that business permit and other requirements are secured and complied with, and authority from the Sangguniang Panlungsod when there is closure of street involved.

For purposes of this Ordinance, public places includes public roads, streets, lots, sidewalks, alleys, waiting sheds, depots and buildings.

Section 2. Any person found violating this ordinance shall be punished by a fine of Two Thousand Pesos (P2,000.00) for the first offense, Three Thousand Pesos (P3,000.00) for the second offense, Five Thousand Pesos (P5,000.00) and imprisonment of one (1) year for the third and succeeding offenses.

Chapter III Repeal of Resolutions Establishing Relocation Site in Barangay Fatima3

Section 1. Resolution No. 61 and 216, series of 1991, re: allocating 15 hectares of land out of the Annex Relocation Area at Barangay Fatima intended for the Muslim Village, is hereby repealed.4

Section 2. A status quo shall be maintained in the condition prior to June 1992 on Lot 3, pending immediate temporary formulation of a uniform guideline in disposition of all settlement sites in General Santos City.5

Section 3. Resolution No. 110, Series of 1992, re: approving the guidelines for the disposal of homelots at Lot 3, Barangay Fatima, is hereby repealed.6

Section 4. A status quo shall be maintained in the condition prior to June, 1992 on Lot 3, pending immediate temporary formulation of a uniform guideline in disposition of all settlement sites in General Santos City.7

Section 5. Resolution 59, Series of 1990, is hereby repealed.8

Section 6. The City Government shall hereinafter make provisions, as a statement of policy, for the establishment of a Government Employees Village for landless employees of the city and national government employees residents of the city.9

Chapter IV Comprehensive Policy Guidelines for the

3Ordinance No. 01, Series of 1992, Ordinance No. 02, Series of 1992, Ordinance No. 06, Series of 1992, and Ordinance No. 14, Series of 1992. 4Ordinance No. 01, Series of 1992. 5Ordinance No. 01, Series of 1992. 6Ordinance No. 02, Series of 1992. 7Ordinance No. 02, Series of 1992. 8Ordinance No. 06, Series of 1992. 9Ordinance No. 06, Series of 1992.

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Implementation of Presidential Proclamation No. 88710

Article I TITLE, POLICY & DEFINITION OF TERMS

Section 1. TITLE – This ordinance shall be known as the Policy Guidelines for Proclamation No. 887, otherwise known as “Further Amending Proclamation No. 2029, dated November 11, 1980, as Amended by Proclamation No. 2162, dated February 12, 1982, which Established the Mindanao State University-General Santos Unit Civil Reservation and the Human Settlement Sites for Landless Families Located in General Santos City”.

Section 2. DECLARATION OF POLICY – It shall be the policy of the City to undertake, in cooperation with the private sector whenever feasible and possible, a program, a comprehensive and continuing program which shall:

A) Uplift the conditions of the underprivileged and homeless citizens in the City of General Santos by making available to them decent home-lots at affordable cost and basic services;

B) Provide for the rational and optimum use in the development of the land under Proclamation No. 887 in order to bring about the following:

1. Equitable access to home-lots by the underprivileged and landless citizens of the City paying particular attention to the place and length of residence in the area; 2. Reduction in the urban dysfunction, particularly those that adversely affect public interest, health, safety and ecology.

Section 3. DEFINITION OF TERMS – For the purpose of this ordinance:

A) Affordable price refers to the most reasonable price of the land based on the needs and financial capacity of the Program Beneficiaries, appropriate financing schemes and development costs.

B) Professional squatters refer to individuals or groups who occupy lands without the express consent of the landowner and who have sufficient income for legitimate housing. The term shall also apply to persons who have previously applied for any land in any public or private land and/or housing program project and/or have been previously awarded home-lots or housing units by any government or private program but have sold, leased, or transferred the same or their right to the same to settle illegally in the same place or another place. Further, it shall also refer to non-bonafide occupants and intruders of lands reserved for socialized housing and/or resettlement. This term, however, will not refer to those persons who simply rent or lease land and/or housing from professional squatters or squatting syndicates.

C) Bonafide resident refers to a person who has established residence in the city for at least one (1) year.

10Ordinance No. 07, Series of 1994, as amended by Ordinance No. 36, Series of 2002, Ordinance No. 02, Series of 2004, and Ordinance No. 2, Series of 2010.

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D) Underprivileged and/or landless citizens refer to individuals or families residing in the City whose average monthly income or combined household income is not more than Sixteen Thousand pesos (P16,000.00).11

ARTICLE II COVERAGE

Section 4. COVERAGE – The program shall cover Lots 1 and 3 as defined and delineated in Proclamation No. 887 that is reserved for the landless citizens of the City.

ARTICLE III INVENTORY, LAND USE AND DISPOSITION

Section 5. INVENTORY OF OCCUPANTS – The inventory of occupants that was accomplished in 1992 shall be submitted by the Land Technical Committee to be concurred by the Sangguniang Panlungsod and shall be used as a basis for and in complying with the prioritization in Section 9 of this ordinance.

Section 6. SUBDIVISION PLAN – A subdivision plan shall be duly accomplished taking into consideration the findings in Section 5 hereof and following strictly the policies enumerated in Section 2 hereof, all of which must conform to the existing national laws on Urban Development and Housing Act (RA 7279), giving special attention and concern for areas reserved for basic services, provided that no homelots shall exceed one hundred eighty (180) square meters; provided, further, that the vested rights of persons over homelots legally awarded to them by the City Government prior to the effectivity of this Ordinance shall not be impaired regardless of its sizes and dimensions. The subdivision plan shall set aside an area in each lot (Lots 1 and 3) to be utilized as playground for the children and churches for the residents therein. The Subdivision plan shall be approved by the Sangguniang Panlungsod.12

Section 7. DISPOSITION OF LAND – The land shall be disposed or allocated within the provisions of this ordinance.

Section 8. LIMITS OF DISPOSITION – All lands covered under this Ordinance shall be covered and annotated in the conveyance and/or title with the following conditions:

(A) No land including improvements or rights thereon can be sold, alienated, conveyed, encumbered or leased by the beneficiary except in favor of another person who is qualified as beneficiary under this Ordinance as determined by the City Mayor or by duly authorized office/committee as approved by the City Mayor.

Should the beneficiary sell, transfer or otherwise dispose of his/her lot or any improvement or right thereon to any person who is not qualified to be a beneficiary under this Ordinance, the transaction shall be null and void. He/she shall also lose his/her right to the land,

11Section 1 of Ordinance No. 36, Series of 2002, as further amended by Section 1 of Ordinance No. 02, Series of 2010. 12Section 2 of Ordinance No. 36, Series of 2002.

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forfeit the total amortization paid thereon, and shall be barred from the benefits under this Ordinance for a period of ten (10) years from the date of violation.

A buyer, lessee or transferee who is not qualified as beneficiary under this Ordinance acquires no right whatsoever over the land or any improvement thereon.

In the event the beneficiary dies before full ownership of the land is vested on him/her, transfer to his/her heirs shall take place only upon their assumption of his/her outstanding obligations. In case of failure by the heirs to assume such obligations, the land shall revert to the government of the City of General Santos for disposition in accordance with this Ordinance.13

(B) No person except those authorized and their duly authorized representative under this ordinance may be involved directly and/or indirectly in the disposition of the land.

(C) Certificates of Title to the land shall be issued to the beneficiaries or their heirs, as the case may be, upon the full payment and compliance of the requirements of this Ordinance subject to the conditions as provided for in this Article to be annotated in said certificates of title.14

(D) Initial proof of ownership over lot awarded by the City Government prior to the effectivity of this Ordinance shall be the Certificate of Award issued by the City Mayor or by duly authorized Office/Committee as approved by the City Mayor. After the effectivity of this Ordinance, the initial proof of ownership over lot that may be awarded by the City Government shall be the Certificate of Award that may be issued by the Land Allocation Committee. This Certificate of Award is one of the bases for tax assessment purposes.15

ARTICLE IV PRIORITY, ELIGIBILITY CRITERIA AND REQUIREMENTS

Section 9. SETTING OF PRIORITY, ELIGIBILITY CRITERIA AND REQUIREMENTS. – In order that the objectives of the Proclamation and this ordinance is achieved in the disposition of lands of the program beneficiaries, the priority, eligibility criteria and requirements for the awarding of such home-lots shall be as follows:

(A) Priority

1. Actual occupants of Lots 1 and 3 who are qualified under the eligibility criteria and have been residents of the area on or before March 28, 1992; 2. Persons occupying danger areas such as esteros, creeks, riverbanks, shorelines, waterways, garbage dumpsites and other public places including but not limited to parks, sidewalks, playgrounds and roads right of ways; 3. Numbers of years of residency in the city:

(a) first priority – over ten (10) years; (b) second priority – over five (5) years;

13Section 1 of Ordinance No. 02, Series of 2004. 14Section 1 of Ordinance No. 02, Series of 2004. 15Section 3 of Ordinance No. 36, Series of 2002.

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Provided, however, that residents under priority A-2 shall be given the highest preference regardless of the number of years of residency in the city; Provided, further, that these residents comply with the other requirements of this Ordinance.16

(B) Eligibility

1. must be a Filipino citizen and of legal age; 2. must be married or single but head of the family; 3. must be a resident of the city for at least one (1) year; 4. must be underprivileged and landless citizen; 5. must not own any land whether in urban or rural area; and 6. must not be a professional squatter nor a member of a professional squatting syndicate.

It is understood that the eligibilities found in Ordinance No. 07, but which are not included in the above enumeration are deemed deleted.17

(1) Certificate from the City Assessor’s Office and Register of Deeds that the applicant has no land declared or registered, as the case may be, in his name; (2) Voter’s registration papers or his child’s school registration to vouch his residency in the city; (3) Income Tax Return or Affidavit of Income; (4) Community Tax Certificate of the present year; (5) Marriage Contract, if married; (6) Certificate from the Punong Barangay to attest to his residency in the barangay; (7) Lot beneficiary should reside in and occupy the awarded lot within six (6) months from date of award.18

ARTICLE V LAND ALLOCATION COMMITTEE

Section 10. COMPOSITION. – In order to achieve the objectives of this Ordinance in the soonest time possible, a Land Allocation Committee shall be constituted by the City Mayor. The Committee shall be composed of the following:

Chairperson – The City Mayor who may designate his/her representative in the meeting of the committee.

Vice-Chairperson – City Housing and Land Management Officer

16Section 4 of Ordinance No. 36, Series of 2002. 17Section 5 of Ordinance No. 36, Series of 2002. 18Section 6 of Ordinance No. 36, Series of 2002.

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Members:

1. SP Committee on Housing, Subdivision, Building and Real Estate; 2. SP Committee Chairman on Barangay Affairs; 3. SP Committee Chairman on Social Services; 4. City Social Welfare and Development Officer; 5. Register of Deeds; 6. City Assessor; 7. City Environment and Natural Resources Officer; 8. Representative of the accredited non-government organization (NGO) of urban poor, if there is any, or representative of the city urban poor association, in the absence of accredited urban poor NGO; and 9. Punong Barangay of Barangay Fatima, General Santos City.19

Section 11. POWER OF THE COMMITTEE – The committee shall be the sole authority for the screening of the beneficiaries, allocating and awarding of the homelot in the implementation of this Ordinance;

Section 12. MONITORING – The Committee on land allocation has the right to monitor all beneficiaries of land allocated by the city in case as determined by the Land Allocation Committee upon due investigation, such beneficiary is found to have committed a misrepresentation in his/her application as to cancel his/her true qualifications and/or who violates the conditions of the Award and/or provisions, the same shall be a ground to invalidate the Award/Title. Provided further, in such event the beneficiary shall not be eligible to other or future land allocation/award of the City.

Section 13. APPEALS – Any person aggrieved by the decision of the Land Allocation Committee may appeal to the City Mayor in writing stating why they should be allocated. Such appeal shall be taken with a reasonable time but not exceeding 10 days from the receipt of the notice of decision or action. The decision of the City Mayor shall be final and executory.

ARTICLE VI MISCELLANEOUS PROVISIONS

Section 14. SECRETARIAT – The City Housing and Land Management Office shall act as the secretariat in the implementation of this Ordinance.20

Section 15. FUNDING – The Chief Executive is hereby authorized to fund the expenditures needed in the implementation of this ordinance from any surplus and/or savings of the city.

Section 16. IMPLEMENTING RULES AND REGULATIONS – Upon the approval of this ordinance, the Land Allocation Committee shall convene for the sole purpose of formulating and issuing, upon the approval of the City Mayor, the appropriate rules and regulations necessary for the efficient and effective implementation of any and all provisions of this Ordinance.

Chapter V

19Section 7 of Ordinance No. 36, Series of 2002. 20Section 9 of Ordinance No. 36, Series of 2002.

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Establishment of Agricultural Supply Station Within City Government Complex21

Section 1. The establishment of an Agricultural Supply Station/Room within the City Government Complex, specifically at the back of the Office on Muslim Affairs building, with an area of 66 square meters, is hereby authorized.

Section 2. The operation and maintenance of the aforesaid Agricultural Supply Station shall be the responsibility of the Office of the City Agriculturist, this city.

Chapter VI Establishment of Police Outpost and Consumer Welfare Assistance Office at Public Market22

Section 1. The 79.76 square meters within Phase B of Central Public Market, more particularly situated along the southern portion of the access road shall be earmarked as the permanent outpost of the Philippine National Police and as Consumer Welfare Assistance Office of the Department of Trade and Industry.

Section 2. The city government shall allocate funds for the improvement of the building, including the provision of the furniture and fixtures thereon.

Chapter VII Prohibition on the Use of Lion’s Beach as Area for Manufacture or Repair of Sea Vessels23

Section 1. The crafting, manufacturing, or repair of sea vessel of any make, kind or weight within the premises of Lions’ Beach is hereby prohibited.

Any person, natural or juridical, is conclusively presumed to be crafting, manufacturing, or repairing a sea vessel within the premises of Lions’ Beach if he/she shall create, make, construct, or assemble a sea vessel therein, or docks or cause the docking of an impoverished or broken down sea vessel in the aforesaid premises in order to fix, refurbish, or renovate. Likewise, any person is said to be repairing a sea vessel in Lions’ Beach if he/she shall dock or cause the docking of a sea vessel therein for any given period for reason only known to him/her.

Section 2. Any person found guilty violating this Ordinance shall suffer an imprisonment of one (1) month and one (1) day to six (6) months or a fine of not less than Five Thousand Pesos (P5,000.00), or both such imprisonment and fine at the discretion of the Court: Provided, That in case of partnership, association or corporation, the officers who ordered the crafting, manufacturing or repair of sea vessel in Lions’ Beach shall be held liable.

Chapter VIII Site for Legislative Building24

21Ordinance No. 02, Series of 2002. 22Ordinance No. 02, Series of 2003. 23Ordinance No. 07, Series of 2003. 24Ordinance No. 18, Series of 2003.

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Section 1. Lot 2 under the Development Plan of Lot No. 7009 (Government Center), particularly under Cadastral Lot No. 5758 of TS-217, having an area of 1,654 square meters, is hereby allocated as the site of the proposed legislative building of the City of General Santos.

Section 2. Any contract, agreement, usufruct, deed, ordinance, resolution, memorandum, order, allocation, or assessment, if there is any, vesting a color of authority upon the occupancy of the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAG-ASA) is hereby revoked and declared to be of no legal force and effect.

Chapter IX Guidelines in the Acceptance of Donation of Road-Right-of-Way within Subdivision25

Section 1. There shall be established the following guidelines in the acceptance of donation of roads right-of-way within subdivision projects in the City of General Santos, to wit:

(a) The road to be accepted is presently utilized as an alternate road of the community or openly utilized by public utility vehicles (PUVs); (b) The road to be accepted is connected to a city or national road; (c) The road right-of-way to be accepted must have a width of at least ten (10) meters to accommodate future establishment of drainage, should there be no existing drainage thereon; (d) In case the road right-of-way to be accepted is a road within a series of simple subdivisions approved by the Bureau of Lands prior to 1992, the same road right-of- way must have a width of at least eight (8) meters; (e) The road to be accepted must at least be a compacted aggregate base course; (f) If the road to be accepted is other than that specified, the same may be accepted depending on the need or its impact in the development of the City; and26 (g) The road right-of-way to be accepted must bear a title and is free from any lien and encumbrances. Additionally, the real property tax thereon is paid by the developer as of the year when the donation and acceptance is made.

Section 2. Requirements & Administrative Procedures. – (a) The letter of intent to donate a subdivision road right-of-way must be filed with the Office of the City Mayor, specifying thereon the technical description and location of the property, and must be accompanied by latest certified photocopy of title duly issued by the Register of Deeds and the tax clearance issued by the City Treasurer’s Office.

(b) Within five (5) days from receipt of said letter intent, the Office of the City Mayor shall endorse the same to the City Planning and Development Office and the City Engineer’s Office for verification and inspection of realty subject of donation, which must be done within ten (10) days from receipt of endorsement thereof.

(c) The City Engineer’s Office shall provide services in the review of the technical description of the property to be donated.

25Ordinance No. 09, Series of 2005, as amended by Ordinance No. 09, Series of 2006. 26Section 1 of Ordinance No. 09, Series of 2006.

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(d) Upon completion of such verification and inspection jointly made by aforesaid Offices, the corresponding report and recommendation, together with the Deed of Donation and relevant documents pertaining thereto, shall be immediately transmitted back to the Office of the City Mayor.

(e) Upon the receipt of report of verification and inspection, the Office of the City Mayor shall immediately communicate with the Office of Sangguniang Panlungsod for the passage of appropriate measure on the proposed donation.

Chapter X Turn-Over of Ownership of Lagao Public Market27

Section 1. The ownership of Lagao Public Market building, including its operation and management, are hereby turned-over and transferred to Barangay Lagao, General Santos City.

Section 2. The Sangguniang Barangay of Lagao shall enact its own ordinance to govern the management and operation of Lagao Public Market. The current operation and management by the Office of the City Administrator of Lagao Public Market shall continue until such time that the said appropriate ordinance shall have been enacted and taken into effect, and after due execution of a deed for the gratuitous conveyance thereof as hereinafter provided.

Section 3. To effect the proper transfer of ownership of Lagao Public Market from the City Government of General Santos to Barangay Lagao, the City Government shall execute a Deed of Donation over the said property in favor of Barangay Lagao after the latter has complied the required rules.

Chapter XI Rules in the Disposition of City Lands28

Article I DISPOSITION OF CITY LANDS

Section 1. Disposition of City Lands. - City lands that have been declared alienable and disposable pursuant to the Public Land Act shall be disposed only by sale or lease.

Section 2. Definition of Terms.-

1. City lands - refer to all lands within the territorial jurisdiction of the City of General Santos that have not been validly declared by competent authority as ancestral lands or ancestral domains or have not been validly acquired from the Government by purchase or grant. 2. City-disposable lands - are City lands that have been declared alienable and disposable pursuant to the Public Land Act and have not been identified or earmarked for some project, program or development plan of the City. 3. Floor price - is the value of the land as determined by the Committee on Appraisal.

27Ordinance No. 04, Series of 2008. 28Ordinance No. 08, Series of 2012.

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4. Purchase price - is the highest complying bid. 5. Preferred actual occupant - is one who is in actual possession and occupation of the area for a period of not less than five (5) years. 6. Floor annual rental - is an amount equivalent to three per centum (3%) of the value of the floor price. 7. Indigenous Cultural Communities/Indigenous Peoples - refer to a group of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and cultures, became historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains. 8. Ancestral Domains - refer to all areas generally belonging to Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals/corporations, and which are necessary to ensure their economic, social and cultural welfare. It shall include ancestral lands, forests, pasture, residential, agricultural, and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators. 9. Ancestral lands - refer to lands occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership, continuously, to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden (kaingin) farms and tree lots. 10. Certificate of Ancestral Domain Title - refers to a title formally recognizing the rights of possession and ownership of ICCs/IPs over their ancestral domains identified and delineated in accordance with R.A. 8371. 11. Certificate of Ancestral Lands Title - refers to a title formally recognizing the rights of ICCs/IPs over their ancestral lands.

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Article II SALE

Section 3. Qualifications; area.-

1. Any Filipino citizen of legal age, or head of a family, who do not own any parcel of land, or whose total landholdings do not exceed five (5) hectares, may apply to purchase any City land declared by the Sangguniang Panlungsod as city-disposable not to exceed five (5) hectares or such number of hectares as to make his/her total landholdings to five (5) hectares.

2. An applicant may purchase not more than twelve (12) hectares provided he/she has occupied, developed, improved or cultivated the land for at least five (5) years prior to the date of application; Provided, That the applicant has not employed or used, in case of agricultural land, share tenants in whatever form in the cultivation of the land. Any violation hereof shall constitute a ground for the denial of the application or cancellation of the award. Any person who has already made one purchase is disqualified to make another.

Section 4. Abandonment. - If at any time after the date of the award of the land and before the issuance of patent, it is proved, after due notice to the purchaser in an investigation called for the purpose, that the purchaser has voluntarily abandoned the land for more than one year at any one time, or has otherwise failed to comply with the requirements of the law, then the land shall revert to the City, and all prior payments made by the purchaser shall be deemed rental for the use of the land and all improvements introduced thereon shall be forfeited.

Section 5. Prohibition. - The purchaser of City Lands shall not, within a period of ten (10) years from the issuance of the patent, convey, encumber or dispose of the land or rights thereon to any person. Any sale and encumbrance made in violation hereof shall be null and void and shall produce the effect of annulling the acquisition and reverting the property and all rights thereto to the City, and all payments on the purchase price theretofore made to the City shall be forfeited.

Section 6. Procedure in sale of City lands.-

a) Application. – Any person qualified to buy a tract of City-disposable land shall file an application for sales patent with the DENR. Within five (5) working days from receipt of the application, the DENR shall transmit the application to the Office of the City Mayor.

b) Referral to Committee on Appraisal. – Upon the determination that the land applied for is city-disposable, the City Mayor shall refer the application to the Committee on Appraisal constituted under the Local Government Code for the appraisal of the land, otherwise, the City Mayor shall advise the DENR that the land applied for is City-non-disposable.

c) Notice of Sale. – The City Treasurer’s Office shall cause the publication of the Notice of Sale once a week for six (6) consecutive weeks in a newspaper of general circulation in the city and the posting of the same for a period of not less than thirty (30) days in at least three conspicuous places in the City, two of which shall be at the bulletin boards at the City Hall and at the barangay hall where the land is situated. The notice of sale shall indicate the floor price

www.spgensantos.ph (083) 552-9692 Sangguniang Panlungsod, General Santos City Ordinance No. 11 Series of 2013 and shall fix the date of sale, which shall not be earlier than sixty (60) days after the date of the notice.

d) Public bidding

d-1 ) City-disposable lands which do not have preferred actual occupants.-

1. All persons who are qualified to acquire City lands shall submit their bids to the City Treasurer.

2. All bids must be sealed and must have enclosed therewith a certified or cashier’s check, treasury warrant, or post-office money order payable to the order of the Office of the City Treasurer for ten per centum (10%) of the amount of the bid as deposit, which amount shall be retained in case the bid is accepted as part payment of the purchase price: Provided, That no bid shall be considered if the amount of the bid is less than the floor price of the land. No bids shall be accepted after the City Treasurer has announced that the submission of bids has closed. All deposits of non-winning bidders shall be returned to them.

3. The City Treasurer shall determine the highest bidder. If there are two or more equal bids which are higher than the others, the same shall be rebidded. In case the City land subject of bidding has an occupant who does not qualify as a preferred actual occupant but has introduced improvements, the winning bidder shall, on top of the amount of his/her bid, pay the said occupant the value of the improvements on the land in an amount to be determined by the Committee on Appraisal. No bid received at such public auction shall be finally accepted until the bidder shall have deposited ten per centum of his/her bid.

4. Upon recommendation of the City Treasurer, the City Mayor shall issue the Certificate of Award to the winning bidder.

d-2) City–disposable lands occupied by preferred actual occupants

1. Preferred actual occupants shall be given preferred right to purchase based on the floor price.

2. In case the preferred actual occupant does not exercise his/her right, the same shall be offered through public bidding under the procedure provided in Section 6 (d-1) (2) hereof. The winning bidder shall, on top of the amount of his/her bid, pay the actual occupant the value of the improvements on the land in an amount to be determined by the Committee on Appraisal.

Section 7. Mode of payment of purchase price. - The purchase price shall be paid as follows:

After deducting the amount deposited at the bidding, balance may be paid in lump sum or in not more than nine (9) annual installments with an interest rate of six (6%) percent P.A. for

www.spgensantos.ph (083) 552-9692 Sangguniang Panlungsod, General Santos City Ordinance No. 11 Series of 2013

any amount due and payable. All payments shall be made to the City Treasurer’s Office. Upon full payment, the City Treasurer shall issue a Certificate of Full Payment.

Section 8. Issuance of patent. – Within five (5) working days from the date of Certificate of Award, all records of the transaction shall be transmitted to the DENR for the issuance of the patent. No patent shall be issued unless the purchaser has fully paid the purchase price as certified to by the City Treasurer, and has cultivated not less than one-fifth of the land within five years after the date of the award.

Section 9. Transmittal of Patent to the City. - Within five (5) working days from the issuance of the patent, the DENR shall transmit the patent and all other records of the case to the Office of the City Mayor for review. If the City Mayor finds the issuance of the patent proper, he or she shall transmit within five (5) working days from its finding all the records of the case to the Sangguniang Panlungsod for its concurrence with the issuance of the patent.

Section 10. Concurrence by the Sangguniang Panlungsod. - The issuance of the patent shall be concurred in by two-thirds (2/3) vote of all the members of the Sangguniang Panlungsod. Within fifteen (15) working days from its concurrence, the Sangguniang Panlungsod shall transmit all records of the case to the Office of the City Mayor which shall refer the same to the Office of the City Assessor for the issuance of a tax declaration, if none has yet been issued. Within five (5) working days from receipt of the records of the case from the City Assessor’s Office, the City Mayor shall transmit a certified true copy of the patent to the Office of the Register of Deeds for the registration.

Article III LEASE

Section 11. Qualifications; area; term. - Any Filipino citizen, of legal age, or any corporation or partnership of which at least sixty per centum of the capital stock and which is organized and constituted under the laws of the Philippines, may lease any tract of City land not to exceed one thousand (1,000) hectares for a term of not more than twenty-five (25) years. No member, stockholder, officer, representative, attorney, agent, employee or bondholder of any corporation or partnership any other juridical persons association holding or controlling any City land shall apply, directly or indirectly, for lease of any tract of City land.

Section 12. Essential condition. - It shall be an inherent and essential condition of the lease that the lessee of an agricultural City land shall have cultivated not less than one-third (1/3) of the land within the first two (2) years of the term of the lease after the date of the approval of the lease: Provided, however, that in case the land leased is to be devoted to pasture, it shall be sufficient compliance with this condition if the lessee shall graze on the land as many heads of cattle as will occupy at least one-half of the entire area at the rate of one head per hectare.

Section 13. Prohibition. - The lessee shall not assign, encumber, or sublet his/her rights without the consent of the City Government: Provided, That assignment, encumbrance, or subletting for purposes of speculation shall not be permitted in any case: Provided, further, That nothing contained in this section shall be understood or construed to permit the assignment, encumbrance, or subletting of lands leased under this Ordinance, or under any previous ordinance, to persons, corporations, or partnership which, under this Ordinance, are not authorized to lease City lands.

www.spgensantos.ph (083) 552-9692 Sangguniang Panlungsod, General Santos City Ordinance No. 11 Series of 2013

Section 14. Limitations. – The lease of any City land shall not confer the right to remove or dispose of, any valuable timber or to remove or dispose of stone, oil, coal, salts or other minerals, or medicinal mineral waters existing upon the leased property, except as provided in the regulations of the Department of Environment and Natural Resources (DENR).

Section 15. Additional lease. – After having paid the rent for at least the first two years of the lease, and having complied with the requirements prescribed in Section 11 hereof, the lessee of City land with an area less than the maximum allowed by this Ordinance, may successively lease additional City land adjacent to or near the land originally leased until the total area of such leases shall reach the maximum established hereof: Provided, That in making such additional lease, the same conditions shall be complied with as prescribed by this Ordinance for the first lease.

Section 16. Expiration. – Upon the final expiration of the lease, all buildings and other permanent improvements made by the lessee, his/her heirs, executors, administrators, successors, or assigns shall become the property of the City Government, the lessee without any right of reimbursement for said improvements.

Section 17. Renewal. – The lease may be renewed by the City Government for the same period to cover the whole land or a part thereof subject to the condition that the City Government may, at any time after the date of renewal, terminate the lease when extreme and urgent necessity so demands as may be determined by the City Mayor and duly concurred by two-thirds (2/3) vote of the members of the Sangguniang Panlungsod: Provided, That the City Government shall give the other party a period of not less than one (1) year to vacate the land covered by the renewed lease agreement.

Section 18. Procedure in lease of City lands.-

a) Application. – Any person qualified to lease a tract of City disposable land declared by the Sangguniang Panlungsod to be available for lease shall file an application for lease with the DENR. Within five (5) working days from receipt of the application, the DENR shall transmit the application to the Office of the City Mayor for review of the terms and conditions of the lease.

b) Referral to Committee on Appraisal. – After the review is made, the City Mayor shall refer the application to the Committee on Appraisal for determination of the floor annual rental of the land.

c) Public bidding. – The City Treasurer shall cause the publication of the Notice of Lease once a week for six consecutive weeks in a newspaper of general circulation in the city and the posting of the same for a period of not less than thirty (30) days in at least three conspicuous places in the city, two of which shall be at the bulletin boards at the City Hall and at the barangay hall where the land is situated. The Notice of Lease shall fix the date of the bidding which shall not be earlier than sixty days after the date of the notice.

d) Submission of bids. - All bids must be sealed and addressed to the City Treasurer and must have enclosed therewith a certified or cashier’s check, treasury warrant, or post- office money order payable to the order of the City Treasurer for a sum equivalent to the rental for at least the first three months of the lease: Provided, That no bid shall be considered in

www.spgensantos.ph (083) 552-9692 Sangguniang Panlungsod, General Santos City Ordinance No. 11 Series of 2013 which the proposed annual rental is less than the floor annual rental. No bids shall be accepted after the City Treasurer has announced that the submission of bids has closed.

e) Award to highest bidder. – The City Treasurer shall award the right to lease to the highest bidder. If there are two or more equal bids which are higher than the others, the City Treasurer shall at once submit the lease rights for public bidding, and to the person making the highest bid on such public auction the land shall be awarded the rights. No bid received at such public auction shall be finally accepted until the bidder shall have deposited a sum equivalent to the rental for at least the first three months of the lease as required in Section 18-d hereof.

Section 19. Issuance of lease agreement. – Within five (5) working days from the award, all records of the transaction shall be transmitted to the DENR for the issuance of the lease agreement. The agreement shall contain the conditions provided in Section 16 hereof.

Section 20. Transmittal of the lease agreement to the City. - Within five (5) working days from the issuance of the lease, the DENR shall transmit the lease agreement and all other records of the case to the Office of the City Mayor for review. If the City Mayor finds the issuance of the lease agreement proper, he or she shall transmit the same to the Sangguniang Panlungsod for its concurrence.

Section 21. Concurrence by the Sangguniang Panlungsod. - The issuance of the lease agreement shall be concurred in by two-thirds (2/3) vote of all the members of the Sangguniang Panlungsod.

Article IV CITY LANDS COVERED BY EXISTING AND FUTURE LEASE, MANAGEMENT, CONCESSION AND OTHER AGREEMENTS

Section 22. Upon the expiration of the lease, concession, management and other agreements over City lands, the City Government may not renew the agreement, or it may renew said agreement to cover the whole land or a part thereof, subject to the condition that the City Government may, at any time after the date of renewal, terminate the agreement when extreme and urgent necessity so demands as may be determined by the City Mayor and duly concurred in by two-thirds (2/3) vote of the members of the Sangguniang Panlungsod; Provided, That the City Government shall give the other party a period of not less than one (1) year to vacate the land covered by the terminated agreement.

Article V ANCESTRAL DOMAINS AND ANCESTRAL LANDS

Section 23. Transmittal of Certificate of Ancestral Domain Title or Certificate of Ancestral Lands Title to the Office of the City Mayor. – Within five (5) working days from the issuance by the National Commission on the Indigenous Cultural Communities/Indigenous Peoples (NCIP) of a Certificate of Ancestral Domain Title or a Certificate of Ancestral Lands Title, the NCIP shall transmit the certificate and all other records of the case to the Office of the City Mayor for review. If the City Mayor finds the issuance of the certificate proper, he or she shall within five (5) working days from its finding transmit all the records of the case to the Sangguniang Panlungsod for its concurrence, otherwise the City Mayor shall return it to the NCIP with the statement of findings.

www.spgensantos.ph (083) 552-9692 Sangguniang Panlungsod, General Santos City Ordinance No. 11 Series of 2013

Section 24. Concurrence by the Sangguniang Panlungsod. - The issuance of the Certificate of the Ancestral Land/Domain Title (CADT/CALT) shall be concurred in by two-thirds (2/3) vote of all the members of the Sangguniang Panlungsod. Within fifteen (15) working days from its concurrence, the Sangguniang Panlungsod shall transmit all records of the case to the Office of the City Mayor which shall refer the same to the Office of the City Assessor for the issuance of a tax declaration, if none has yet been issued. Within five (5) working days from receipt of the records of the case from the City Assessor’s Office, the City Mayor shall transmit the CADT/CALT to the Office of the Register of Deeds for its registration. If the Sangguniang Panlungsod does not concur, it shall return the certificate to the Office of the City Mayor with an explanatory resolution. Section 25. Conveyance of ancestral lands or rights to non-members of the ICC/IP. - An ancestral land or any right thereon conveyed by a member of an ICC/IP to a non-member that is not subject to the exercise by the member of his/her right of redemption, pursuant to Section 8 (b) of Republic Act 8371, may be applied for titling by the buyer or transferee thereof pursuant to, and subject to the limitations contained in Article 2 hereof.

Article VI LANDS ADMINISTERED BY THE PRIVATIZATION MANAGEMENT OFFICE (LASEDECO)

Section 26. This Ordinance shall not apply to lands administered by the Board of Liquidators PRIVATIZATION MANAGEMENT OFFICE.