Republic of the Philippines

Province of Albay
Municipality of Guinobatan
OFFICE OF THE SANGGUNIANG BAYAN
EXCERPTS FROM THE MINUTES OF THE 27 th REGULAR SESSION OF THE
SANGGUNIANG BAYAN HELD ON JULY 11, 2011 AT 9:19 IN THE MORNING AT THE
SANGGUNIANG BAYAN SESSION HALL, GUINOBATAN, ALBAY.
Present:

Hon. Wilfredo O. Arevalo, Sr.Hon. Juris L. Villareal

Hon. Rolando P. Palabrica
Hon. Julio S. Tingzon
Hon. Reynaldo O. Namia
Hon. Maria Sofia O. Orpiada
Hon. Stephen O. Ocfemia
Hon. Robert M. Banaga
Hon. Carlomagno P. Flores
Hon. Paul N. Garcia
Hon. Patrick Polly C. Pintor

Absent:

None

Vice Mayor & Presiding Officer

Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor (ABC Pres.)
Councilor (SKF Pres.)

MUNICIPAL ORDINANCE NO. 012-2011

AN ORDINANCE APPROVING THE EXPROPRIATION OF TWO (2) HECTARES
PROPERTY, PORTION OF LOT 3104, LOCATED AT BARANGAY MASARAWAG,
THIS MUNICIPALITY, COVERED BY TCT NO. 17685, CO-OWNED BEFORE BY ION
ORPIADA AND CESAR O. LORIA, INTENDED FOR PUBLIC USE, PURPOSE OR
WELFARE BY THE MUNICIPAL GOVERNMENT OF GUINOBATAN MORE
PARTICULARLY FOR THE CONSTRUCTION OF WATER SUPPLY SYSTEM AND
CONTINOUS DEVELOPMENT OF THE AREA AS PROTECTED WATERSHED.
Principal Proponents/ Sponsors:

Councilors Robert M Baaga

and Julio S Tingzon IV

Co-Proponents/ Co-Sponsors:

All Other SB Members

WHEREAS, pursuant to a principle in law known as the Regalian Doctrine, all natural
wealth, be it agricultural, forest or timber and mineral lands of the public domain and all other
natural resources, such as water, belong to the State;
WHEREAS, the Local Government Code of 1991 (RA 7160), Chapter 2, Section 19,
provides that a Local Government Unit may, through its local chief executive,, acting pursuant to
an ordinance, exercise the power of Eminent Domain for public use purpose, or welfare, for the
benefit of the poor and the landless, upon payment of just compensation, pursuant to the
provision of the constitution and pertinent laws;
WHEREAS, in the interest of public welfare which every local government is mandated
to uphold and protect especially those concerning the provision of basic services and facilities
which include the sustenance of potable water, the Municipal Government of Guinobatan
authorized the Local Chief Executive Honorable Juan Mitre Garcia, by virtue of SB Resolution
No. 024-2004, to negotiate with the landowners of Lot No. 3104-portion, Cad.-201, Guinobatan
Cadastre, covered by TCT No. 17685, in the name of Purification Orpiada and Andrea Orpiada;

WHEREAS, by virtue of a Deed of Cession duly executed by Andrea Orpiada in favour

of Cesar O Loria, her nephew, the former ceded, transferred and conveyed unto the latter onehalf (1/2) portion of Lot 3104 under TCT-17685, among others, thus making Purification
Orpiada and Cesar O. Loria co-owners of said lot, containing an area of more less 7.4995
hectares;
WHEREAS, in view of the authority to negotiate embodied in said resolution, the Local
Chief Executive and one of the landowners of Lot No. 3104, Mr. Cesar O. Loria, entered into an
agreement entitled Offer to Sell on September 27, 2004, wherein the herein Mr. Cesar Loria
(Offeror) offered to sell to the Local Government Unit (LGU) of Guinobatan, Albay (Offeree)
one (1) to two (2) hectares of his share from property more particularly described as follows, to
wit:
A parcel of land (Lot No. 3104 of the Cadastral Survey of Guinobatan), with
the improvements thereon, situated in the Municipality of Guinobatan. Bounded on
the NW., by a creek and Lot 3187; on the NE., by Lot No. 3187 and 3188; on the
SE., by Lot No. 3109,XXX containing an area of SEVENTY FOUR THOUSAND
NINE HUINDRED NINETY-FIVE (74,995) square meters, more or less, registered in
the names of Purification Orpiada and Andrea Orpiada.
for the sum of Three Hundred Fifty Thousand Pesos (Php350,000.00), Philippine Currency, per
hectare with an absolute and unlimited option, right and privilege to purchase at any time the one
(1) hectare potion of the subject property. The Offeror has also an option to buy another hectare
at the same price;
WHEREAS, the Offer to sell agreement was resorted to because at the time of the
negotiation, a Contract of Sale cannot be had yet considering that the property remained
undivided making it not possible for Mr. Cesar Loria to convey and transfer instantly to the LGU
its ownership hence, in order to facilitate the processing of documents, i.e. procurement of the
documents of absolute ownership and the partition of the land, which are necessary for the
purchase by the Municipal Government of the subject property and its subsequent transfer to it,
an earnest money of One Hundred Thousand Pesos (Php100,000.00), Philippine Currency, had
been hand paid by the Offeree to the Offeror on the same date the Offer to Sell had been
executed, and was duly acknowledge by the Offeror;
WHEREAS, with this agreement, the LGU upon payment of the earnest money as partial
payment for the contract price and inclusion of the necessary funds in the LGUs budget for its
acquisition since 2004, immediately took possession of the property and introduced
improvements thereon such as but not limited to, construction of water reservoir/ intake tanks,
laying out of water pipelines and the yearly tree planting activities at the site;
WHEREAS, the LGU constantly reminds Mr. Cesar Loria of the existing agreement by
sending unto him notices and from time to time, inviting him in the office of the Mayor for a
meeting or conference regarding the pending transaction as the municipal government has not
yet acquired ownership over the subject property since the documents of absolute ownership,
among others, was not yet obtained by the Offeror or was not yet presented to the municipal
government, the latest of which was a letter dated January 11, 2011, where the municipal
government reiterated its unlimited option, right and privilege to purchase at any time one (1)
hectare portion of the subject property and its option to buy another hectare at the same price, as
contained and agreed upon in said Offer to Sell, but said Mr. Cesar Loria in a letter dated
February 22, 2011, notified the municipal government that he is no longer interested to sell the
subject property;
WHEREAS, in said property now lies various improvements and investments
constructed/ installed by the municipal government during a span of about seven (7) years in
which the municipal government was in actual, open and uninterrupted possession of the same of
which the municipal government is now bound to protect as the same is indispensable, necessary

and beneficial in carrying out its purpose of catering the needs of the general public with respect
to the provision of efficient and effective delivery of potable water;
WHEREAS, in the above-stated letter dated January 11, 2011, the municipal government
has finally made its valid and definite offer to the owner to buy the same, but such was not
accepted, thus, can now rightfully exercise its power of eminent domain having had complied
with such condition precedent and likewise, to put closure to other claims being advanced also
by other heirs like Mrs. Jesusa L. Aguilar over the said property;
WHEREFORE, premises considered, on joint motions of the Committee Chairmen on
Laws and Environment and unanimously seconded by the body;
Be it ordained by the Sangguniang Bayan of Guinobatan, Albay in session
assembled, that:
SECTION 1. PURPOSE OF EXPROPRIATION. The property sought to be
expropriated shall be used for public purpose by the Municipal Government specifically by way
of developing a potable water supply system and continuous development of the site as protected
watershed area in line with its mandate of providing the present and future generation with
potable water.
SECTION 2. AUTHORITY OF THE MUNICIPAL MAYOR TO FILE
EXPROPRIATION PROCEEDING. The Municipal Mayor is hereby authorized for and in
behalf of the Municipal Government to file expropriation proceeding and all pertinent documents
for the acquisition of two (2) hectares of the property under TCT No. 17685 intended for public
use situated at Barangay Masarawag, Guinobatan, Albay.
SECTION 3. DUTY OF THE MUNICIPAL TREASURER TO DEPOSIT THE
OFFERED PRICE WITH THE PROPER COURT. The Municipal Treasurer is mandated to
make a deposit with the Proper Court the amount of SIX HUNDRED THOUSAND PESOS
(Php600,000.00) representing the balance of the offered purchase price for the purpose of this
expropriation which shall be drawn from the existing appropriation of the LGU earmarked for
the purpose or such amount that the court may rightfully determine and decree. Further, that the
amount of Php600,000.00 is the remaining balance of the purchase price offered for the transfer
of ownership of two (2) hectares of Lot No. 3104.
SECTION 4. EFFECTIVITY: This Ordinance shall take effect immediately upon its
approval.
DATE ENACTED: July 11, 2011
Voting on the Ordinance:

In Favor:

All Members Present

Not in Favor: None

WE HEREBY CERTIFY as to the correctness of the foregoing ordinance duly

approved on third and final reading on July 11, 2011 during the SB regular session.

ROBERT M. BAAGA

JULIO S. TINGZON IV

Principal Proponent/ Sponsor

Principal Proponent/ Sponsor

JURIS L. VILLAREAL

ROLANDO P. PALABRICA

Co-Proponent/ Co-Sponsor

Co-Proponent/ Co-Sponsor

REYNALDO O. NAMIA

MARIA SOFIA O. ORPIADA

Co-Proponent/ Co-Sponsor

Co-Proponent/ Co-Sponsor

STEPHEN O. OCFEMIA

CARLOMAGNO P. FLORES

Co-Proponent/ Co-Sponsor

Co-Proponent/ Co-Sponsor

PAUL N. GARCIA

PATRICK

Co-Proponent/ Co-Sponsor

Co-Proponent/ Co-Sponsor

WILFREDO O. AREVALO, SR.

Vice Mayor & Presiding Officer

ATTESTED:
CHRISTOPHER O. PALEVINO
Secretary to the Sangguniang Bayan
APPROVED: July 20, 2011

JUAN MIGUEL M. GARCIA

Municipal Mayor

POLY C.

PINTOR