Question & AnswerQ&A (VALENZUELA CITY ORDICE NO. 116 Series of 2013)
The Local Government Code of 1991 empowers local government units to exercise powers expressly granted, necessarily implied, or incidental for governance, including the power of eminent domain to acquire private property for public use upon payment of just compensation.
The ordinance authorizes the City Mayor to acquire by purchase or expropriation certain parcels of land within Valenzuela City for public use such as government facilities and infrastructures, and appropriates funds for just compensation.
Two parcels of land covered by Transfer Certificates of Title Nos. T-45962 and T-33685, located in Barangay Paso de Blas, Valenzuela City, with landowners Renato Pascual and or other claimants, and Teodula Pascual, Concepcion Pascual, and Loreto Pascual and/or other claimants respectively.
Section 19 of the Local Government Code of 1991 provides that a local government unit may exercise eminent domain through its chief executive and pursuant to an ordinance, for public use upon payment of just compensation and compliance with due process.
A valid and definite offer must be made to the owner which was not accepted; the government may take possession after initiating expropriation proceedings and depositing at least 15% of the property's fair market value with the court; and the just compensation is to be determined by the court based on the fair market value at the time of taking.
The assessed market value per tax declaration serves as the basis for appropriating funds and payment of just compensation to the landowners in the acquisition process.
The Honorable City Mayor is authorized to represent the City, sign all related documents, and perform acts necessary to carry out the ordinance's purposes.
The ordinance cites the constitution, due process requirements, the power of eminent domain, and pertinent laws and regulations to ensure lawful acquisition and payment of just compensation.
The parcels are intended for use as public facilities, specifically for the Paso de Blas High School and other government infrastructure within Valenzuela City.
Section 16 grants local governments the powers necessary for efficient governance and promotion of the general welfare, including the preservation of comfort and convenience of inhabitants which supports acquisition for public use.