Legal basis and referenced law
- The ordinance invokes Section 16 of the Local Government Code of 1991, which empowers local government units, including Valenzuela City, to exercise powers expressly granted, necessarily implied, and those essential to the promotion of the general welfare, including preservation of comfort and convenience.
- The ordinance relies on the Local Government Code of 1991 granting local government units the power of eminent domain and the right to purchase and expropriate private property for public use.
- The ordinance expressly cites Section 19 of the Local Government Code, governing eminent domain, including conditions on valid offers, immediate taking upon deposit, and court-determined just compensation.
Policy and purpose
- The ordinance is enacted to enable Valenzuela City to secure land sites for government facilities and infrastructure.
- The acquisition is for public use and/or other public purposes within Valenzuela City.
- The ordinance requires compliance with constitutional and legal due process requirements through proper notice to registered owners and an offer to buy the properties.
Scope: properties, owners, and locations
The ordinance authorizes acquisition of the following parcels, identified by title, area, location, and purpose:
- TCT No. V-45962, Lot 1073-B-3-A), 1,470 square meters, located in Barangay Paso de Blas, Valenzuela City, for Paso de Blas High School, with a market value per tax declaration of C-023-00819 Residential Lot @ P800.00/ per square meter.
- TCT No. T-33685, Lot 107-B-2), 2,000 square meters, located in Barangay Paso de Blas, Valenzuela City, for Pasao de Blas High School, with a market value per tax declaration of C-023-00820 Commercial Lot @ P1,500.00/ square meters.
The ordinance recognizes the listed owners and/or “other persons claiming the same” as the relevant owners/claimants connected to the titles.
Core eminent domain authority and just compensation
- The ordinance authorizes acquisition of the specified parcels by purchase or expropriation for the stated public purposes.
- Just compensation must be paid for the expropriated property and is governed by Section 19 of the Local Government Code, including court determination of the amount based on fair market value at the time of taking.
- The ordinance directs that the funds appropriated for the taking shall be necessary for acquisition and that the acquisition amount shall be based on the assessed value of the properties for payment of just compensation.
- The ordinance incorporates the Section 19 conditions for eminent domain exercise, including:
- a valid and definite offer previously made to the owner and non-acceptance before expropriation; and
- the ability of the local government unit to immediately take possession upon fitting of expropriation proceedings and upon making a deposit with the proper court of at least 15% of the fair market value based on the current tax declaration.
Procedural authority and mayor’s powers
- The ordinance authorizes the City Mayor to represent the City in the acquisition of the described properties.
- The City Mayor must be empowered to sign all documents related to the acquisition.
- The ordinance authorizes the City Mayor to perform any and all acts and deeds required, necessary, and incidental to carry out the ordinance’s purpose.
Appropriations
- The ordinance appropriates funds for the acquisition and just compensation, specifically for “the amount necessary for the taking.”
- The funds for taking are tied to valuation principles used for payment of just compensation, including reliance on the ordinance’s stated assessed value basis for the acquisition amount.
Implementation: due process requirement
- The ordinance requires observance of due process requirements by issuing proper notice to the respective registered owners and making an offer to buy the properties before resorting to expropriation.