Republic of the 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 DAPDAP, 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 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