DRAFT MUNICIPAL ORDINANCE NO.

2017-14
Sponsored by the Committee on Rules and Privileges, Laws and Ordinances
thru its Chairperson Hon. Juan A. Maralit, Jr.
Reference No. 2492

WHEREAS, constructing a new public transport terminal would decongest

the town’s business center and avert accidents that compromise the safety of our
pedestrians;

WHEREAS, the subject parcel of land is the identified location site of the
Public Transport Terminal as indicated in the Comprehensive Development Plan
(CDP);

WHEREAS, the intent of taking the private property is for public use and
purpose;

WHEREAS, to acquire the subject private property a valid and definite offer
has been previously made to the owners but such offer was not accepted;

WHEREAS, through the exercise of eminent domain, the subject private

property shall be acquired by the Local Government Unit of Lupon through
expropriation proceedings;

WHEREAS, Section 19 of the Local Government Code of 1991 provides:

“A local government unit may through its chief executive and acting pursuant
to an ordinance, exercise the power of eminent domain for public use, or purpose,
or welfare for the benefit of the poor and the landless, 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 exercised unless a
valid and definite offer has been previously made to the owner, and such offer was
not accepted: Provide, further, that the local government unit may immediately take
possession of the property upon the 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 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 the taking of the property;”

AN ORDINANCE AUTHORIZING THE HONORABLE ERLINDA D. LIM,

MUNICIPAL MAYOR OF LUPON, DAVAO ORIENTAL TO INITIATE THE
EXPROPRIATION PROCEEDINGS OVER THE TEN THOUSAND (10,000)
SQUARE METERS PARCEL OF LAND SITUATED IN POBLACION, LUPON,
DAVAO ORIENTAL BEING A PORTION OF LOT 2319, COVERED BY TITLE NO.
T-32402 CONTAINING AN AREA OF ONE HUNDRED TWENTY-EIGHT
THOUSAND SEVEN HUNDRED EIGHTY-NINE (128,789) SQUARE METERS,
MORE OR LESS, OWNED BY THE HEIRS OF LICUANAN AS THE SITE FOR
THE NEW LUPON PUBLIC TRANSPORT TERMINAL.

BE IT ORDAINED by the Sangguniang Bayan of Lupon, Davao Oriental in

session assembled that:

SECTION 1. Authority – Pursuant to Section 19 of the LGC, the Municipal Mayor

Erlinda D. Lim is hereby authorized to initiate expropriation proceedings over the
10,000 square meters parcel of land being a portion of Lot 2319, covered by
TCT Title No. T-32402.

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Draft Municipal Ordinance No. 2017-14
SECTION 2. Purpose – The expropriation proceedings over the 10,000 square
meters parcel of land is for public use and purpose, specifically as the location site
for the new public transport terminal of the herein municipality.

SECTION 3. Scope – The authority shall only cover the expropriation proceeding
over the 10,000 square meters parcel of land to be used as the location site for the
new public transport terminal of the herein municipality.

SECTION 4. Appropriation – The amount of Twelve Million (P 12,000,000.00)

Pesos has been appropriated under the CY 2018 Annual Investment Program (AIP)
of the herein local unit for the expropriation proceeding over the 10,000 square
meters parcel of land for public use and purpose.

SECTION 5. Effectivity – This Ordinance shall take effect immediately upon its
approval.

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Draft Municipal Ordinance No. 2017-14