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Republic of the Philippines PROVINCE OF LEYTE Tacloban City ip . a | gy | PROVINCIAL LEGAL OFFICE J 261 Indorsement . July 31, 2017 Respectfully returned to the Secretary Sanggunaing Panlalawi to Leyte, the attached Ordinance No. 2017-055, of the SB of Carigara, Leyte, recommending, for the declaration of their validity pursuant to Section 56 (c) of R.A 7160, the same being, to the opinion of the Provincial Legal Office (PLO), an exercise of the power authorized under Section 20 of the Code. Provided, that, the CERTIFICATION as to the UNSOUNDNESS for agricultural purposes must be issued by the Department of Agriculture thru. the Municipal Agricultural Officer (MAO), as mandated under Section 20 (1) of the Code, and not by the Assessor or the Municipal Planning Officer. Provided, also, that being PRIVATELY owned, an application for reclassification must have been filed by the owner of the land. ATTPA RA Acting Asst. Proj Republic of the Philippines gh Ply Province of Leyte s © % City of Tacloban & 3 zs ag é 2nd Indorsement 25 July 2017 The Provincial Legal Office is respectfully requested to review and submit recommendaticns, on the indorsed and enclosed, ORDINANCE NO. 2017-055, entitled: “AN ORDINANCE RECLASSIFYING LOT OWNED BY ELAINE REYES WITH TD NO. 08-11039- 00249, PROPERTY IDENTIFICATION NO. 044-11-039-022, SURVET NO. 4032, FROM AGRICULTURAL TO RESIDENTIAL CLASS SITUATED AT BARANGAY SAGKAHAN, CARIGARA, \ LEYTE AS PERMANENT RESETTLEMENT PROJECT OF NHA FOR YOLANDA VICTIMS”. ‘ ATTY. MARI ED. TATARANY Secretaryo-4fie Sangguniat Vice-Governor O=x= 7 VecPL 17.048 C0018 A Republic of the Philippines Province of Leyte MUNICIPALITY OF CARIGARA -000- Office of the Sangguniang Bayan 1" Indorsement July 25, 2017 Respecifully forwarded to the Honorable Members of the Sangguniang Panlalawigan of Leyte, thru the Provincial Board Secretary, Atty. Marni Rose D. Zatarain, the herein Ordinance No. 2017-085 —“An ordinance reclassifving the lot owned by Elaine Reyes with Tax Declaration No. 08-11039-00249, Property Identification No. 044-11-039-022, Survey No. 4032, from agricultural to residential class situated at Brgy. Sagkahan, Carigara, Leyte as permanent resettlement project of NHA for Yolanda victims”. For your perusal and appropriate action. ME! Vit iN SB S€retary Republic of the Philippines PROVINCE OF LEYTE MUNICIPALITY OF CARIGARA En OFFICE OF THE SANGGUNIANG BAY} Fed, President ORDINANCE NO. 2017-055 AN ORDINANCE RECLASSIFYING THE LOT OWNED BY ELAINE REYES WITH TD NO. 08-11039-00249, PROPERTY IDENTIFICATION NO. 044-11-039-022, SURVEY NO.4032, FROM AGRICULTURAL TO RESIDENTIAL CLASS SITUATED B AT BRGY. SAGKAHAN, CARIGARA, LEYTE AS PERMANENT RESETTLEMENT PROJECT OF NHA FOR YOLANDA VICTIMS. {OP NIVERA Re Be it ordained by the Sangguniang Bayan, Carigara, Leyte in session assembled: Y WHEREAS, the Sangguniang Bayan after consultation with the Municipal Assessor and the Municipal Planning and Development Office found the above-mentioned lot to have substantially greater economic value for residential than for agricultural purposes; WHEREAS, the party applicant has complied with the substantial requirement from land reclassification from agricultural to residential class; NOW, THEREFORE, be it ordained by the Sangguniang Bayan of Carigara, Leyte> in session assembled that: a ARTICLE I - The lot owned by Elaine Reyes with TD No. 08-11039-00249, Property Identification No. 044-11-039-022, Survey No.4032, situated at Brgy. Sagkahan, Carigara, Leyte is hereby reclassified from agricultural to residential class, for permanent resettlement project of NHA for Yolanda victims. jember ARTICLE 2. Effectivity — The ordinance shall take effect immediately upon approval. APPROVED, June 13, 2017. THEREBY CERTIFY to the correctness of the foregoing excerpt. 100 M. NEGADO 3B Member ROMEO M. WGIAN SB Secr “4 Attested by: eset, Roo i Municipal Vice Mayor — Presiding Officer Municipal Mayor B LORNAA. MARPA ‘OTHELLO MfcRISOSTOMO. $8 ember Republic of the Philippines Province of Leyte MUNICIPALITY OF CARIGARA -000- Office of the Sangguniang Bayan CERTIFICATION THIS IS TO CERTIFY that after due determination by the Sangguniang Bayan, Lot No. 4032, under Tax Declaration No. 08-11039-00249 in the name of Elaine Reyes, located at Brgy. Sagkahan, Carigara, Leyte with a total area of 6.4791 hectares will have more economic value once reclassified from agricultural to residential class. ISSUED this 26" day of June, 2017. ROMEO M1) VIOJAN SB Seeretary Attested by: OTHELLO M/CRISOSTOMO. Chairman, Comm. On Land Use SaaaaannnaEnERRREEARIEEREmEEEEEmemeemme eel LUR FORM No. 3C Series of 2011 CERTIFICATE OF ELIGIBILITY FOR RECLASSIFICATION OF AGRICULTURAL LANDS ‘THIS 1S TO CERTIFY that One (1) parcel of agricultural land situated in Barangay Sagkahan Municipality of CarigaraProvince of Leyte covering the area of 6. 479thectares, specifically identified as follows: ‘Registered Owner © Lot No. OCT/TCT/TDNo. AreaPer Area Applied for ‘Title (ha) Reclassification (ha) 6.4791 Has. 4.919.86 Has. TOTAL 4,919.86 Has. 1. Elaine Reyes 4032 was evaluated pursuant to DA A.O. No. 04 s. 2015 providing therefor the Special Rules on ‘the Issuance of Certificate of Eligibility for Reclassification of Agricultural Lands for Socialized Housing & Resettlement Projects in Yolanda-Affected Areas in conjunction with A.O. No. 4s. 2014 issued by the Office of the President, and the DA A.O. No. 25 s. 2012 amending the Introduction; Sections I, I, ll-2, 2, 3, 4, 5, 7, 11; IV-1, 2, 3, 4, 5; V-L, 2, 3: VIL, IX, X, and XI, with the inclusion of Food Security Provision in Sec. ll; Definitions of Project Areas; Land Use; Socialized Housing; Zoning and Zoning Ordinance in Sec. il; Priority Development Areas and Projects in Sec. IV; The Committee on the Rehabilitation of Agricultural Lands (CRAL) in Sec. V; Changing the Term Notice of Disapproval to Certificate of Non-Eligibility of A.O. No. 02 s. 2011, the pertinent provisions of R.A. 8435 and R.A. 8048 and its implementing Rules and Regulations. Based on the evaluation, it was found out that the subject land is: (2) Not within the NPAAAD/SAFOZ; (2) Not irigable and not covered by NIA Irrigation Project with firm funding commitment per NIA certification; (3) Without existing irrigation within the property or adjacent/nearby farmlands. (4) Not within the area for implementation of PCA programs, as certified by the PCA {5) No pre-mature development. Therefore based on the above conditions, the subject land is Eligible for Reclassification. This Certification shall not be construed as a Conversion Order which is to be issued by the DAR. 'ssued this 31" day of May 2017 to PhintecStar,regarding their application for land use reclassification. Given this 1"day of June 2017. a AIC-Revinnal Fvacutive Niraeraeh Republic of the Philippines Province of Leyte MUNICIPALITY OF CARIGARA -000- Office of the Sangguniang Bayan CERTIFICATION THIS IS TO CERTIFY that MUNICIPAL ORDINANCE NO. 2017- 055, Series of 2017- “An Ordinance Re-classifying The Lot Owned by Elaine Reyes with Tax Declaration No. 08-11039-00249, Property Identification No. 044-11-039-022, Survey No. 4032, From Agricutural To Residential Class Situated at Brgy. Sagkahan, Carigara, Leyte as Permanent Resettlement Project of NHA for Yolanda Victims”, has been posted last June 27, 2017 in accordance with R.A. 7160 otherwise known as the Local Government Code of 1991. ISSUED this 19" day of July, 2017. notion SB Secretary Republic of the Philippines Province of Leyte MUNICIPALITY OF CARIGARA -000- Office of the Sangguniang Bayan CERTIFICATION THIS IS TO CERTIFY that a public hearing was conducted last April 30, 2017 at 1:20 in the afternoon at the Brgy. Basketball Court, Sagkahan, Carigara, Leyte for the deliberation of the proposed re-classification of Lot No. 4032, covered by Tax Declaration No. 08-11039-00249 with a total area of 6.4791 hectares located at Brgy. Sagkahan, Carigara, Leyte, from agricultural to residential use as Permanent Resettlement Project of the National Housing Authority for the Yolanda Victims. Republic of the Philippines Province of Leyte MUNICIPALITY OF CARIGARA Barangay SAGKAHAN MINUTES OF PUBLIC HEARING OF PERMANENT RELOCATION SITE THRU PHINTECSTAR CONSTRUCTION INC. UNDER NHA (NATIONAL HOUSING AUTHORITY) HELD ON APRIL 30, 2017 AT BARANGAY BASKETBALL COURT, SAGKAHAN, CARIGARA, LEYTE. Started at 1:20 in the afternoon by Barangay Chairman, Honorable FRANCISCO B, ACERDEN, for opening message. He stated regarding another Housing Project at our barangay to be situated at sitio Banaao. Though, informing to residents on the next succeeding years that our barangay will be encumbered of different categories of people. Reminding to everyone an adjustment of attitude. Attendance is on separate sheet. Seconded by SB Member, Honorable OTHELLO CRISOSTOMO, conveyed about A LAND: SITE FOR A PERMANENT RESETTLEMENT PROJECT FOR YOLANDA VICTIMS which is to be developed by PhintecStar Construction Incorporation and to be called as ECOVILLE 2. An additional explanation imparted by Madam VILLA D. NACHOR, liaison officer of PhintecStar that this is a PUBLIC HEARING on the approval of people residing here in this barangay for the housing project. Said land sit. privately owned by MISS ELAINE REYES with @ total area of 64,791 square meter. And acquired by the National Housing Authority. This is the time where Assembly Members can ask questions or any query for the implementation of ‘said project under NHA or National Housing. Authority. This is also a call for re-classification of land from agricultural converted into residential. The housing project is six hundred eighty (680) units thru the developer, PHINTECSTAR CONSTRUCTION INC. A certain resident named JAIME B. REYES have asked pertaining to the housing project developed by said PHINTECSTAR presently located at sitio Dao, here in this barangay, that flooding still exist. Abruptly answered by Ma‘am Nachor that elevation of existing bridge will be their own fund and have a riprap at the sides of existing river. And the existing gate of irrigation canal at the river shall be widened. Because of land site that all heavy equipment may passing by at the mentioned bridge, they'll promise to undergo Feconstruction. Though, the mitigation on flooding be implemented. With all the cooperation of the concerned agencies together with the residents, the desire to elevate the said bridge and have a riprap may be possible and flooding may be avoided on the site. PHINTECSTAR having a voluntary allocation on it. Questicns raised on who were qualified to ‘occupy housing unit, and if those qualified can they be retained at their houses without being destroyed? Additional information by Engineer NICOLAS JAVINES, a Municipal Planning & Development Council Officer, make it clear that those who will be relocated to housing units must vacate and destroy their own houses for safety purposes. Because of the so-called DANGERED AREA during flood hazard that itis the responsibility of the government. But most of the residents who'll be relocated with having a semi-concrete house, claiming not to destroy their own house because according to them that they continue for means of living & flooding is not all the time. ‘The criteria shall be monitored by the MSWD or Municipal Social Welfare & Development of Carigara with the approval/consent from NHA (National Housing Authority). Because said agency has the records for those People who'll deserve. Last one, that both residents and the Council interpose @ no-oblection for the implementation of housing resettlement project. Republic of the Philippines Province of Leyte MUNICIPALITY OF CARIGARA ‘Barangay Sagkahan ~-000— EXCERPT FROM THE MINUTES OF THE (ANTE DATE) REGULAR SESSION OF SAGKAHAN COUNCIL MEMBERS HELD AT THE BARANGAY HALL, SAGKAHAN, CARIGARA, LEYTE ON MAY 8, 2017, Present: Hon. FRANCISCO B. ACERDEN = Punong Barangay Hon. MARIASALVE V. —-BABAGAY. ‘Sangguniang Barangay Member Hon. MARK Cc — CANEGA - Sangguniang Barangay Member Hon. LICILA N. wisTo - Sangguniang Barangay Member Hon. AMADOR B. LAGERA - iang Barangay Member Hon. ANDY C AGUILON = Sangguniang Barangay Member Hon. FLOMENA ‘A. NARIDO 2 ‘Sangguniang Barangay Member 4 Hon. ROSITA M. GOBATAO - ‘Sangguniang Barangay Member wa None RESOLUTION No.025 Series of 2017 ‘A RESOLUTION INTERPOSING NO OBJECTION TO RE-CLASSIFY OWNED LOT OF ELAINE REYES WITH TD 4# 08-11039-00249, PROPERTY IDENTIFICATION NUMBER 044-11-039-06-022, SURVEY # 4032, FROM AGRICULTURAL TO RESIDENTIAL USE SITUATED AT BARANGAY SAGKAHAN, CARIGARA, LEYTE FOR THE PERMANENT RESETTLEMENT PROJECT UNDER NATIONAL HOUSING AUTHORITY (NHA) INTENDED FOR ‘THE SURVIVOR OF SUPER-TYPHOON YOLANDA. WHEREAS, based on the perusal of supporting documents that survey/lot number 4032__located at this barangay is owned by a certain ELAINE REYES which has suitable site for the permanent housing project under NHA intended for the victims of super-typhoon Yolanda hit last November 8, 2013. WHEREFORE, on motion of Kagawad Chairman Comm. on Sanitation, Hon. Rosita M. Gobatao duly seconded by all present, be it. RESOLVED, AS IT IS HEREBY RESOLVED by the Sagkahan Council interposing no objection to re- Classify the lot/survey number 4032 from agricultural to residential to be developed by PHINTECSTAR Construction, Incorporation owned lot of ELAINE REYES located at Barangay Sagkahan, Carigara, Leyte for the permanent resettlement project under NHA. | RESOLVED FURTHER, to submit acopy of this resolution to office of Sangguniang Bayan of Carigara, + to office of the developer of said lot, to office of DILG Carigara and to any office concerned for their information & guidance. APPROVED UNANIMOUSLY. I HEREBY CERTIFY to the correctness of the foregoing excerpt. aries Newrra | Pc eaNieca Barangay Secretary Republic of the Philippines Province of Leyte Municipality of Crigara BARANGAY SAGKAHAN -000~ APRIL 30, 2017 ATTENDANCE SHEET ome Desigation/sectar sienaure 1 Meggan Mma faa Lbs 990, 2 SiMe, felg ua P¥eLG cea a Hew | &apan HONG @ uw 2 uel Paee viel gusg s. Melisa Darkeyi Th! as « Cormeliin Odeara » ‘ : Py 1. 2. 2 3 Lem AAA fF se, ee Cowan at 1 ARbucues Pe Hgvultye as. Turon Mivie OA vogom Nese tudully Regd 7 no Tes dek eek d oo Nelelac 2 Menthe A Wein Wy 2 222K 60 Bheg ete un We 4 Crom ae! _ Nudexea- 2. vg BEM) 7 ‘OG. FRaNciseO. KCERDEN Punone Barangay Republic of the Philippines Province of Leyte Municipafity of Carigora BARANGAY SAGKAHAN =000— APRIL 30, 2017 aereunaune CHeEF name Designation/sector signature 1 Richard WM. Drenee Pe 2 Pulm elain fee Dob . Aad Beenie Qdachra « Viline RES 5 Polando C. thtordal “A ] Cee 6 eres ae « LK 9. Uowle Baciusa ca _Dacaca a, Leobn aa. Boswbley Teton dt Vrgtricn 9M Dad ct. _ Yb 3s Tle frock 7 “ TRibatin oegulfy ______ eae 20. “MgB tng _ mn Erlinda B Droog IT a. Tra D- Do cor __ Edacara wn ful a iB Lom a _CMLG, Abetyo : 0 exon’ apbatao | jegtaae snes ion An. | BARANGAY SAGKAHAN | | APRIL 30, 2017 ATTENDANCE SHEET rarre/ Desigation/sector . 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