Republic of the Philippines

Province of Albay
Municipality of Guinobatan
OFFICE OF THE SANGGUNIANG BAYAN
EXCERPTS FROM THE MINUTES OF THE 7 th REGULAR SESSION OF THE
SANGGUNIANG BAYAN HELD ON February 14, 2011 AT 9:20 IN THE MORNING AT THE
SANGGUNIANG BAYAN SESSION HALL, GUINOBATAN, ALBAY.
Present:

Absent:

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

Vice Mayor & Presiding Officer

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

Hon. Patrick Polly C. Pintor

Councilor (SKF Pres.)

MUNICIPAL ORDINANCE NO. 03-2011

AN ORDINANCE APPROVING THE EXPROPRIATION OF 173.25 SQUARE METERS
PROPERTY UNDER TCT NO. T-12490 SITUATED AT IRAYA, GUINOBATAN, ALBAY
IN THE NAME OF MRS. MARLYN PALENZUELA-LIM BUT BEING CLAIMED ALSO
BY MR. JESUS OROBIO, INTENDED FOR PUBLIC USE BY THE MUNICIPAL
GOVERNMENT.
Proponent/ Sponsor:

Councilor Robert M. Baaga

WHEREAS, the Local Government Code of 1991 (RA 7160), Chapter 2, Section 19, a
Local Government Unit may, through its local chief executive acting pursuant to an ordinance
exercise the power of Eminent Domain for public use or purpose, 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, the Municipal Government of Guinobatan by virtue of Resolution No. 012,
S. 2010 had authorized the Municipal Mayor to negotiate for and in behalf of the Municipal
Government with Ms. Marlyn Palenzuela-Lim and Jesus Orobio for the purchase of land with a
total area of 173.25 square meters;
WHEREAS, the Local Chief Executive made an offer price of One Million
(Php1,000,000.00) pesos but while Marlyn Palenzuela-Lim accepted the offer, Mr. Jesus Orobio
rejected the offer alleging that such property belongs to him;
WHEREAS, this property to be expropriated by the Municipal Government of
Guinobatan is intended for Public use as a necessary, indispensable and beneficial expansion of
the Municipal Shrine of our National Hero, General Simeon A. Ola and as Center for Tourism,
Culture, History and the Arts;
WHEREAS, the property to be expropriated is the appropriate and convenient site as
part of the preservation of historical sites and in furtherance of the cultural and beautification
program of the Municipal Government envisioned to redound to the general welfare and benefit
of the Guinobateos and its growing visitors;
WHEREAS, there is an urgent need for the acquisition of the subject property where a
building (museum type) that will cater for the preservation of our history, culture, arts and

tourism will be constructed for the public consumption of todays generation and the generations
to come.
WHEREFORE, premises considered, on motion of Councilor Robert M. Baaga and
unanimously seconded by body;
Be it obtained 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 by the Municipal Government as the site for the construction of the
building to be used as the necessary, indispensable and beneficial expansion of its Municipal of
Shrine of our National Hero, General Simeon A. Ola and as Center for Tourism, Culture, History
and the Arts.
SECTION 2. AUTHORITY OF THE MUNICIPOAL 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 the property under TCT No. T-12490 intended for public use situated at
Barangay Iraya, Guinobatan, Albay.
SECTION 3. DUTY OF THE MUNICIPAL TREASURER TO DEPOSIT THE
OFFERED PRICE WITH THE PROPER COURT. The Municipal Treasureris mandated to
make a deposit with the Proper Court the amount of ONE MILLION PESOS
(Php1,000,000.00) as the offered purchase price for the purpose of this expropriation which shall
be drawn from the current appropriation of the LGU earmarked for the purpose. Further, that the
amount of Php 1,000,000.00 is the aggregate purchase price offered to Lot. No. 56-A with
173.25 sq.m. and Lot No. 56-B with 57.75 sq.m. or a total area of 231 sq. m.;
SECTION 4. EFFECTIVITY: This Ordinance shall take effect immediately upon its
approval.
DATE ENACTED: FEBRUARY 14, 2011.
Voting in Ordinance:

In Favor:

All in Favor

Not in Favor: None

x

We hereby certify as to the correctness of the foregoing ordinance duly approved on

third and final reading on February 14, 2011 during the SB regular session.

ROBERT BAAGA

CHRISTOPHER O. PALEVINO

Proponent/ Sponsor

Secretary to the SB

ATTESTED:
WILFREDO O. AREVALO, SR.
Vice Mayor & Presiding Officer
APPROVED: February 14, 2011
JUAN MIGUEL M. GARCIA
Municipal Mayor