Bureau of Local Government Finance Opinion

May 5, 1999 BUREAU OF LOCAL GOVERNMENT FINANCE OPINION 2nd Indorsement Respectfully returned to the Regional Director for Local Government Finance, Department of Finance, Region VII, 3rd Floor, Cebu Kang-ha Foundation Building, Corner Lapu-Lapu and Juan Luna Streets, Cebu City, the within letter dated February 12, 1999 of the City Assessor, Cebu City, concerning the attached letter dated January 8, 1999 of the Project Manager II of the Metro Cebu Development Project (MCDP) II, requesting opinion on the appropriate assistance that could be given to owners of lands acquired under Commonwealth Act No. 141, as amended, for the area of portions of lands affected by the MCDP-Road Right-of-Way Project, in line with the second paragraph of Section 18 of Executive Order No. 1035, series of 1985, in relation to Section 112 of the said Act. The second paragraph of Section 18 of Executive Order No. 1035, and Section 112 of C.A. No. 141 are quoted hereunder: Section 18, E.O. No. 1035 : "SEC. 18. Financial Assistance to Displaced Tenants/Occupants . . . . "Financial assistance may also be given to owners of lands acquired under CA 141, as amended, for the area of portion subject to the reservation under Section 112 thereof, in such amounts as may be determined by the implementing agency/instrumentality concerned, in consultation with the Commission on Audit and the assessor's office concerned. Section 112, C.A. No. 141 : "Sec. 112. Said lands shall further be subject to a right of way not exceeding twenty meters in width for public highways, railroads, irrigation ditches, aqueducts, telegraph and telephone lines, and similar works as the Government or any public or quasi-public service or enterprise, including mining or forest concessionaires, may reasonably require for carrying on their business with damages for the improvements only." Accordingly, the assistance that could be given by the Office of the City Assessor to the MCDP is to provide information concerning the market values of lands and improvements that may be affected in undertaking their projects. It is important to mention hereon, however, that, for properties already taken over, the valuation of the same should be at the time of the taking, in line with the Supreme Court Decision in the case of Francisco vs. City of Davao, et al. , in G.R. No. L-20854. ITDHSE Be guided accordingly. (SGD.) ANGELINA M. MAGSINO Deputy Executive Director Officer-in-Charge