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Acquisition of real property (Land)

Post by alpha1 on Thu Nov 11, 2010 1:13 pm

Good Afternoon to every one!!!

Our Municipality is planning to purchase land, would this activity falls under the "Procurement of Goods". I hope Iwould be enlighten the soonest possible time considering the time required in conducting a bidding. If this appropriated amount would not be utilized within this year, it would form part of our beginning balance for year 2012.

Thank you and God Bless :
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Re: Acquisition of real property (Land)

Post by engrjhez® on Thu Nov 11, 2010 7:47 pm

alpha1 wrote:Good Afternoon to every one!!!

Our Municipality is planning to purchase land, would this activity falls under the "Procurement of Goods". I hope Iwould be enlighten the soonest possible time considering the time required in conducting a bidding. If this appropriated amount would not be utilized within this year, it would form part of our beginning balance for year 2012.

Thank you and God Bless :

Nope. Acquisition of real property is NOT covered by RA 9184 but of RA 8974.
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Re: Acquisition of real property (Land)

Post by alpha1 on Fri Nov 12, 2010 8:24 am

thanks
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Re: Acquisition of real property (Land)

Post by alpha1 on Fri Nov 12, 2010 8:26 am

But Isn't it that RA 8974 only pertains to acquisition of Right of Way Site or location for National Government Infrastructure Projects?
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Re: Acquisition of real property (Land)

Post by engrjhez® on Fri Nov 12, 2010 9:45 am

alpha1 wrote:But Isn't it that RA 8974 only pertains to acquisition of Right of Way Site or location for National Government Infrastructure Projects?
...and your argument is "will it apply to LGUs?". Hmm. Frankly speaking, I need more readings to qualify any statement but since this law (RA 8974) is beyond the scope of RA 9184, I would suggest you inquire the DBM and/or COA regarding the applicability of it for LGUs. In our experience, most of the real property acquired by our LGU is either by "deed of donation" or by lease agreements only. Right now, I would presume that if the law says "national government ...projects" then maybe we could ask the National Government acquire for LGU. Smile
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Re: Acquisition of real property (Land)

Post by Mikel on Fri Nov 12, 2010 10:24 am

LGUs are endowed with corporate powers (Sec. 15 of RA 7160) and as such, LGUs can enter into contracts to acquire real properties such as lands and buildings. The applicability of RA8974, particularly Sec. 5 thereof, to LGUs in the exercise of this corporate power pertains only to the determination of the proper valuation of the property to be acquired.

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Re: Acquisition of real property (Land)

Post by engrjhez® on Fri Nov 12, 2010 10:39 am

Mikel wrote:LGUs are endowed with corporate powers (Sec. 15 of RA 7160) and as such, LGUs can enter into contracts to acquire real properties such as lands and buildings. The applicability of RA8974, particularly Sec. 5 thereof, to LGUs in the exercise of this corporate power pertains only to the determination of the proper valuation of the property to be acquired.
Thanks for that quick response Mikel. I knew you were there all the time.

Smile
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Re: Acquisition of real property (Land)

Post by riddler on Fri Dec 10, 2010 9:46 am

alpha1 wrote:Good Afternoon to every one!!!

Our Municipality is planning to purchase land, would this activity falls under the "Procurement of Goods". I hope Iwould be enlighten the soonest possible time considering the time required in conducting a bidding. If this appropriated amount would not be utilized within this year, it would form part of our beginning balance for year 2012.

Thank you and God Bless :

hi alpha..

Valuation and Appraisal of Property for Acquistion of the LGU’s (whether thru eminent domain or a simple Offer to buy/sell) is guided by Department Order 37-09 dated October 19, 2009, Department of Finance, “Prescribing the Philippine Valuation Standard” and adopting IVSC Valuation Standards under Philippine setting. This book I believed is one of the Bible of Local Assessors (LGU) in our country.

methinks that purchase or acquisition of land/lots for LGU’s is not covered by the RA 9184.

Also, kindly ask your co-Assessors if they have a copy of the latest “Manual on Real Property Appraisal & Assessment Operations” dated January 2006.


Under Chapter VIII, Miscellaneous Provisions of the Manual, (I wish you have a copy of this book)

Sec. 1. X x x x x xxx x

Whenever a private property is subject to acquisition by the government for public use, that property is referred to the Provincial/City Appraisal Committee for it to determine the market value.

A. Composition of the Appraisal Committee

1. Provincial/City Appraisal Committee
Provincial/City Assessor – Chairperson
Provincial/City Engineer- Member
Provincial/City Treasurer- Member

X xxx x x x x .




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Re: Acquisition of real property (Land)

Post by Jovinal on Tue Mar 27, 2012 8:52 pm

Sir Riddler can you tell us the documentations required in purchasing land in LGU. to support payment .
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Re: Acquisition of real property (Land)

Post by riddler on Fri Mar 30, 2012 10:41 am

Jovinal wrote:Sir Riddler can you tell us the documentations required in purchasing land in LGU. to support payment .

Very Happy Jov, i think this is how we do it.

1. Executive Order by the LCE designating the members of the Appraisal Committee and its technical arm such as the members of the TWG for such purpose.

2. Selection Commitee shall also be designated by the LCE to take care of the technical viability or setting parameters as to the area and location of the Lot (e.g. purchase of lot for Slaughterhouse, New Public Market site, etc. etc.). This committee may take care of posting notices to the public of the desire of the LGU to purchase a lot/s for a purpose. The Notice shall invite lot owners to make an Offer to Sell to the LGU.

3. The selected site shall be recommended by the Selection Committee to the LCE and forwarded to the Appraisal Committee for appraisal.

4. Appraisal shall conduct appraisal, recommend the appraisal value/cost of the lot and prepare appraisal report for submission to the LCE.

5. The LCE may adopt the recommendation of the Appraisal Committee for appropriation and approval of the Local Sanggunian.

6. LCE shall be authorized by the Local Sanggunian to negotiate the purchase of the selected lot/s. Very Happy

i hope i did not miss somethin. scratch scratch

PS.

Certificate of Title/s must first be transferred in the name of the LGU before payment is made ( i just don't remember the COA Circular scratch ). The burden of paying all taxes related to the transfer shall be borne out by the seller.

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Re: Acquisition of real property (Land)

Post by Jovinal on Fri Mar 30, 2012 10:57 pm

Thank You Sir Riddler.
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