Expropriation proceedings a delicate matter, says councilor
Peñaredondo
The expropriation proceedings being eyed by residents of Simon Ledesma and Ma. Cristina in Jaro district in order to purchase 6,264 square meters lot they are presently occupying is the first of its kind in Western Visayas. The expropriation proceedings they asked is an aftermath of the owners' decision to eject the occupants and sell the property.
Councilor Eduardo Peñaredondo, majority floor leader of the Sangguniang Panlungsod said the expropriation proceedings sought by residents of Simon Ledesma is the first of its kind in the region. He said the call of the affected residents for expropriation proceedings is valid and is in accordance with the law on public domain but there are some details they missed out.
The first expropriation proceedings ever recorded in the Philippine Court was in Barangay Duyan-duyan, Manuel Perez in Central Luzon. However, the said barangay lost in the court battle after they failed to satisfy the court in the technical aspect in the expropriation proceedings.
Peñaredondo made his comment in last Wednesday's regular session of the Sangguniang Panlungsod when the barangay councils of Simon Ledesma and Ma. Cristina, all in Jaro sought for the favorable endorsement and approval of a barangay resolution which will authorize Barangay Captain Jonas Belosillo of Simon Ledesma and Ma. Cristina Barangay Capt. Guillermo dela Cruz to initiate negotiation on the purchase of the property owned by Gustilo Brothers Agricultural Corporation.
The council eventually approved a resolution authorizing the barangay captain to make a deal with the Gustilo brothers. The Gustilo Brothers Corporation owns the lot where the houses of 105 families stand. The property is covered by two land titles is located at Barangay Simon Ledesma and Barangay Ma. Cristina in Jaro.
One of the land titles covers an area of 1,374 square meters while the other land title covers the area of 4,890 square meters. A court order was already issued by the Branch 3 of the Iloilo Regional Trial Court evicting the occupants.
In the initial talk between the corporation and the affected families, the corporation sells the property to the present occupants to P6,000 per square meter. The selling price is like those offered in big subdivisions in the city. The zonal valuation of the property is reportedly P1,200.
However, Peñaredondo said there are things that residents should take a look into. The matter is very technical and delicate. The action of the residents needs the services of the lawyer. The barangay should also have enough funds as mandated in the exercise of the expropriation proceedings.
In the expropriation proceeding, the barangay should have a standing bank deposit equivalent of the total market value of the property at the time they are asking for an expropriation proceedings.
Before, the law only requires that they should deposit in the bank the amount equivalent to 15 percent of market value. The money should also come from the government funds and not from private individuals.
Under the law, the expropriation proceedings can be initiated in properties which are for deemed necessary for public purpose and not for private use. The residents wants to purchase the property through an expropriation proceedings in order to stay and own the lot they are occupying.
The approval of the resolution for the respective barangay captains to negotiate with the owners is not a guarantee to ensure that expropriation proceedings be made on the Gustilo's property.