The city of Iligan filed a complaint for expropriation against Xander Ford to acquire 100 square meters of his land located in Brgy. San Miguel, Iligan City. The land is needed to construct a public playground pursuant to city resolutions and ordinances. Iligan City offered to purchase the land from Ford but he rejected the offer. The complaint requests that the court provisionally value the land at 5 million pesos and award possession to Iligan City after payment, ordering the title transfer.
The city of Iligan filed a complaint for expropriation against Xander Ford to acquire 100 square meters of his land located in Brgy. San Miguel, Iligan City. The land is needed to construct a public playground pursuant to city resolutions and ordinances. Iligan City offered to purchase the land from Ford but he rejected the offer. The complaint requests that the court provisionally value the land at 5 million pesos and award possession to Iligan City after payment, ordering the title transfer.
The city of Iligan filed a complaint for expropriation against Xander Ford to acquire 100 square meters of his land located in Brgy. San Miguel, Iligan City. The land is needed to construct a public playground pursuant to city resolutions and ordinances. Iligan City offered to purchase the land from Ford but he rejected the offer. The complaint requests that the court provisionally value the land at 5 million pesos and award possession to Iligan City after payment, ordering the title transfer.
The city of Iligan filed a complaint for expropriation against Xander Ford to acquire 100 square meters of his land located in Brgy. San Miguel, Iligan City. The land is needed to construct a public playground pursuant to city resolutions and ordinances. Iligan City offered to purchase the land from Ford but he rejected the offer. The complaint requests that the court provisionally value the land at 5 million pesos and award possession to Iligan City after payment, ordering the title transfer.
PLAINTIFF, by counsel and to this Honorable Court, respectfully
alleges:
1. That plaintiff is a municipal corporation created by the
laws of the Republic of the Philippines, duly vested with the power to condemn and expropriate private property for public use.
2. That defendant MR. XANDER FORD, is of legal age,
Filipino citizen, with postal address at White Plains St., Brgy. San Miguel, Iligan City, where he may be served with summons and other legal processes by this Honorable Court.
3. That for purpose of promoting the physical, moral and
spiritual well-being of the youth in the city, the city council of Iligan City passed a resolution, to wit: Resolution No. 143, providing for the construction of a public playground in the open area of White Plains and other adjacent areas.
4. That for the purpose of the city project, resolution
2015-110 and ordinance 06-4950 were issued.
5. That for the purpose of the said construction and public
improvement, it is necessary for plaintiff corporation to acquire the certain parcel of land situated in Brgy. San Miguel , City of Iligan, Philippines, and described as follows:
“A parcel of land (Lot 23, Block 3 of the subdivision plan,
Psd-045647-056708, being a portion of Lot 1166, Cad-140 Iligan City, Cadastre LRC Record No.) situated in the #3 White Plains, Brgy. San Miguel, Iligan City. Bounded on the NE, along line 1-2 by Lot 22, Blk. 3, on the SE, along line 2-3 by Road Lot 8; on the SW, along line 3-4 by Lot 24, Blk. 3, on the NW., along line 4-1 by Legal Eastment 1 all of the subdivision plan Beginning at a point marked “1” on plan being N. 60 deg. 01W.,415.66 m. from MBM No. 53, Cad-140 Iligan City Cadastre, thence S 45 deg. 2__E10.00 m to point 2, thence S44 deg 39W,10.00 to point of beginning containing an area of ONE HUNDRED SQUARE METERS, more of less. All points referred to are indicated on the plan and marked on the ground by P.S. cyl. Conc. Mons. 15 x 60 cm, bearing true, date of original survey, May 1918 – July 1953, and that of the subdivision survey. May 24-27, 1992 and was approved in August 14, 1992.
6. That the owner of said parcel of land is defendant
Mr. Xander Ford.
7. That plaintiff has previously made a valid and definite offer
to defendant to purchase the property sought to be expropriated but he rejected the offer.
8. That the assessed value of said property is FIVE MILLION
PESOS (P5,000,000.00).
WHEREFORE, it is respectfully prays for judgment:
1. Provisionally adjudging the value of said property in
an amount equal to the assessed value of the same. 2. After said provisional sum is deposited by plaintiff with the National Treasurer, awarding forthwith the possession of the land to plaintiff.
3. After payment by plaintiff of the whole value adjudged
by this court, ordering the transfer to plaintiff of the title of said property and prays for such further reliefs and remedies as may be just and equitable in the premises.
October 29, 2015 at Iligan City.
ATTY. SITTIE AIYNEE M. BANGON
Counsel for Plaintiff Until December 31, 2017 PTR NO. 6788675/04-03-00/Iligan City IBP NO. 9874561/06-02-00/Iligan City Roll No. 478090
VERIFICATION AND CERTIFICATION
AGAINST NON- FORUM SHOPPING
I, MARLENE YOUNG-MANGORSI, representing Iligan City,
of legal age, single, after being duly sworn to in accordance with law, depose and says: 1. That I am the duly authorized representative of the plaintiff of the above-entitled case. 2. That I have caused the preparation by my counsel of foregoing complaint. 3. That I have read the allegations therein contained, and that the same are true and correct of my personal knowledge. 4. That I have not therefore commenced any action or filed any claim involving the same issues in any court, tribunal, or quasi-judicial agency and to the best of my knowledge, n such other action or claim is pending therein; and if I should thereafter learn hat the same or similar action or claim has been filed or is pending, I shall report that fact within five (5) days therefrom to the court wherein the aforesaid complaint has been filed.
Witness my hand this 29th day of October 2015 at Iligan City.
MARLENE YOUNG-MANGORSI (Representative of Iligan City)
SUBSCRIBED AND SWORN to before me this 29th day of
October 2015, at Iligan City, affiant exhibited to me her Community Tax Certificate No. 998654 issued on January 5, 2017, at Iligan City.
ATTY. SITTIE AIYNEE M. BANGON
NOTARY PUBLIC Until December 31, 2017 PTR NO. 6788675/04-03-00/Iligan City IBP NO. 9874561/06-02-00/Iligan City Roll No. 478090
