CEBU, Philippines - The Talisay City council committee on laws has authorized Mayor Socrates Fernandez to expropriate a private lot in barangay San Roque in order to build a drainage system.
In a three-page report, Councilor and chairman of the committee on laws Richard Francis Aznar said there are legal basis for the city to institute expropriation proceedings on the 60-square meter lot for a drainage system.
Mayor Socrates Fernandez has agreed to acquire the property owned by a certain Sotero Abapo.
But the Abapo heirs have rejected the mayor’s offer.
Councilor and majority floor Leader Rodolfo “Rodi†Cabigas, who is the proponent of the ordinance, said the mayor has made an offer to buy the land from the owners at P2,000 per square meter as fixed by the city appraisal committee.
But Aznar pointed out that the local government can properly exercise its power of Eminent Domain in accordance with its delegated legislative powers.
“The enactment of the ordinance authorizing the city mayor to institute the expropriation proceedings against the lot in issue is valid in accordance with law,†Aznar said.
The Gaisano Capital SRP Mall and the heirs of Sotero Abapo had met to discuss the drainage system.
The series of negotiations initiated by the barangay of San Roque failed to reach a win-win solution.
Aznar said the expropriation proceedings would make it easier for the local government to buy the lot from the owners.
He said the ordinance is based on Republic Act 7160, which gives the local government authority to buy lands needed for government projects. (FREEMAN)