QuestionsQuestions (Republic Act No. 8763)
The ordinance cites Section 16 of the Local Government Code of 1991 (general power of LGUs, including powers necessarily implied and those essential for the general welfare) and Section 19 on Eminent Domain (authority to exercise eminent domain for public use/purpose/welfare, subject to constitutional and legal requirements).
A local government unit may exercise eminent domain for public use/purpose/welfare, upon payment of just compensation, but only after a valid and definite offer is previously made to the owner and the offer was not accepted.
The ordinance text reiterates that the LGU may immediately take possession upon the filing of expropriation proceedings and upon making a deposit with the proper court of at least 15% of the fair market value of the property based on the current tax declaration.
The ordinance authorizes the Honorable City Mayor to represent the City, sign all documents, and perform acts required, necessary, and incidental to carry out the ordinance.
The City may acquire the parcels either by purchase or by expropriation (eminent domain).
Just compensation, determined by the proper court based on the fair market value at the time of taking, is the governing standard.
It states the deposit should be based on the fair market value of the property based on the current tax declaration.
The text emphasizes proper notice to the registered owners and a valid and definite offer to purchase before eminent domain can be exercised.
The properties are intended for public facilities—in particular, the construction/establishment of Paso de Blas High School (residential/commercial lots for school use).
It identifies TCT Nos. V-45962 (Lot 1073-B-3-A) and T-33685 (Lot 107-B-2), with stated areas and barangay locations. Title and lot information are legally significant because the expropriation or purchase must precisely describe the property subject to transfer or taking.
It states that the amount appropriated for taking shall be based on the assessed value of the properties for payment of just compensation.
It signals that the City must comply with constitutional eminent domain requirements (just compensation, lawful procedure) and statutory requirements (valid offer, deposit, filing in court). For validity, students assess whether these conditions are met before and during expropriation.
It implies: (1) issuance of an ordinance authorizing acquisition; (2) issuance of notices and a valid definite offer to the owners; (3) if not accepted, filing expropriation proceedings; (4) depositing at least 15% of fair market value; and (5) court determination of the final amount based on fair market value at the time of taking.
While it appropriates funds based on assessed value for taking, the ordinance text (quoting Section 19) indicates the amount to be paid for expropriated property shall be determined by the proper court based on fair market value at the time of taking.
Based on Section 19 as cited, eminent domain may not be exercised unless such an offer was previously made and not accepted; failure would be a defect in the statutory condition precedent, potentially rendering the expropriation procedurally infirm.