“A RESOLUTION AUTHORIZING HON. ALLAN L. RELLON, DPA, Ph.D., CITY MAYOR, TO ENTER INTO AND SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF TAGUM WITH THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT FIELD OFFICE XI REPRESENTED BY MS. MERCEDITA P. JABAGAT, REGIONAL DIRECTOR, A DEED OF USUFRUCT RELATIVE TO THE TEMPORARY SHELTER FACILITY FOR MALE VICTIMS OF HUMAN TRAFFICKING AND CHILDREN IN A SITUATION OF ARMED CONFLICT”.

 

Republic of the Philippines
Province of Davao del Norte
CITY OF TAGUM

BEFORE THE 7th CITY COUNCIL

 

EXCERPT FROM THE MINUTES OF THE 75th REGULAR SESSION OF THE 7th CITY COUNCIL OF TAGUM, PROVINCE OF DAVAO DEL NORTE HELD ON DECEMBER 13, 2017 AT THE SP SESSION HALL.

 

PRESENT:

Hon. GETERITO T. GEMENTIZA, MDMG,             City Vice Mayor (Presiding Officer)

Hon. EVA LORRAINE E. ESTABILLO,                   Member

Hon. AGRIPINO G. COQUILLA, JR., CE,           Member

Hon. MACARIO A. BERMUDEZ, II,                     Member

Hon. TRISTAN ROYCE R. AALA, MDMG,           Member

Hon. ESTER L. ANGOY,                                     Member

Hon. ROBERT L. SO,                                          Member

Hon. PROSPERO E. ESTABILLO, JR.,                   Member                       (ABC Representative)

ON OFFICIAL BUSINESS:

Hon. RONALD S. ELIOT,            RMP                            Member

Hon. JAN DMITRI S. SATOR,                              Member

Hon. REY CYRIL T. ALBA                                   Member

Hon. JOSE JOEDEL T. CAASI, MDMG,              Member

Hon. DAMIANO L. CIPRO,                               Member                       (IP Representative)

 

RESOLUTION NO. 827, s-2017

 

A RESOLUTION AUTHORIZING HON. ALLAN L. RELLON, DPA, Ph.D., CITY MAYOR, TO ENTER INTO AND SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF TAGUM WITH THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT FIELD OFFICE XI REPRESENTED BY MS. MERCEDITA P. JABAGAT, REGIONAL DIRECTOR, A DEED OF USUFRUCT RELATIVE TO THE TEMPORARY SHELTER FACILITY FOR MALE VICTIMS OF HUMAN TRAFFICKING AND CHILDREN IN A SITUATION OF ARMED CONFLICT”.

 

WHEREAS, in a letter dated December 05, 2017 addressed to the Honorable Members of the Sanggunian through Hon. Geterito T. Gementiza, MDMG, City Vice Mayor, and duly received by the Office of the Secretary to the Sanggunian on December 07, 2017, the City Mayor, Hon. Allan L. Rellon, DPA, PhD, forwarded the draft resolution authorizing Hon. Allan L. Rellon, DPA, Ph.D, City Mayor, to enter into and sign for and in behalf of the City Government of Tagum and the Department of Social Welfare and Development – Field Office XI, a Deed of Usufruct relative to the temporary shelter facility for male victims of human trafficking and children in a situation of armed conflict, accordingly reviewed by the City Legal Officer, for urgent action;

WHEREAS, the measure was referred to the Joint Committee on Gender Equality and Development, Children and Family Welfare and Social Services and Committee on Laws, Rules and Privileges and conducted a Joint Committee Meeting on December 12, 2017 at the SP Conference Room attended by invited guests, Ms. Nora H. Lupiba, RSW, City Social Welfare and Development Office Head, and the representatives from the DSWD Field Office XI headed by Ms. Raquel E. Nuñez, PSU Head;

WHEREAS, after due deliberations, the Committee agreed to the content of the Deed of Usufruct and recommended granting authority to the Local Chief Executive of Tagum City to sign the same;

NOW THEREFORE, BE IT RESOLVED by the 7th City Council to authorize Hon. Allan L. Rellon, DPA, PhD, City Mayor, to enter into and sign for and in behalf of the City Government of Tagum with the Department of Social Welfare and Development – Field Office XI represented by Ms. Mercedita P. Jabagat, Regional Director, a Deed of Usufruct relative to the temporary shelter facility for male victims of human trafficking and children in a situation of armed conflict.

RESOLVED FURTHER, that a copy of this resolution be furnished to all offices concerned for their information and reference.

RESOLVED FURTHERMORE, that the full text of DEED OF USUFRUCT shall be read as follows:

 

DEED OF USUFRUCT

 

KNOW ALL MEN BY THESE PRESENTS:

This DEED is made and executed by and between:

THE CITY GOVERNMENT OF TAGUM, a local government unit duly established under the laws of the Philippines, with principal address at JV Ayala Avenue, Apokon, Tagum City, Davao del Norte, Philippines, represented herein by the City Mayor, Hon. ALLAN L. RELLON, DPA, Ph.D., of legal age, Filipino, hereinafter referred to as the “LANDOWNER”;

    -and-

DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT, FIELD OFFICE XI, DAVAO CITY, a national government agency with business address at Magsaysay St. corner D. Suazo St., Davao City, represented by its Regional Director, MERCEDITA P. JABAGAT, hereinafter referred to as the “USUFRUCTUARY”.

 

WITNESSETH THAT:

WHEREAS, the LANDOWNER is the registered owner of a parcel of land containing an area of Ten Thousand (10,000) square meters, particularly described as Lot 240-C-1 of the subdivision plan (LRC) PSD-55182, situated in Barangay East, City of Tagum, Province of Davao del Norte, Philippines covered and embraced by Transfer Certificate of Title No. 142-2010005559;

WHEREAS, the USUFRUCTUARY is the lead agency that is established to care, protect and rehabilitate individuals who are disadvantaged and have the least in life in terms of social welfare assistance and development interventions so that they could become more productive members of society and thereby participate in regional and national development;

WHEREAS, the LANDOWNER has allocated the above described parcel of land as site for a temporary shelter for Victims of Human Trafficking and Children in Situation of Armed Conflict recruited as Child Warrior / Child Combatant;

WHEREAS, the LANDOWNER is willing to enter into a usufruct agreement with the USUFRUCTUARY over the said project subject to the terms and conditions herein.

NOW THEREFORE, for and in consideration of the foregoing premises, the parties mutually agree on the following:

1.       DEFINITION OF TERMS

 

a.      Child Warrior / Child Combatant – a branded name for male children in a situation of armed conflict with an age range of 15 years old and below who are alleged to have committed an offense under Philippine Laws;

b.      Site – property/place subject of the usufruct where temporary shelter/settlement will be constructed;

c.      Temporary Shelter – a structure built on the site used temporarily as dwelling of the victims of human trafficking and children in situation of armed conflict recruited and rescued as Child Warrior / Child Combatant;

d.      Victims of Human Trafficking – a minor or adult male victim-survivors of trafficking referred for a temporary care and shelter while undergoing psychosocial intervention, court hearing/litigation and other support services for rehabilitation prior to his return to the family and community.

 

2.       OWNERSHIP – While the usufruct and/or beneficial use of the site is transferred to USUFRUCTUARY, the ownership and title of the site remains with and continues to be in the name of the LANDOWNER. Upon the expiration or non-renewal of the contract, improvements introduced on the site shall accrue to the LANDOWNER.+

3.       TERM – the term of the usufruct shall be a period of five (5) years from the signing hereof unless the parties pre-terminate the same on the following grounds:

 

a.      The USUFRUCTARY violates any of the conditions stated herein;

b.      The USUFRUCTUARY violates the provisions of the site development and building construction loan agreements which shall be subsequently entered into by the USUFRUCTUARY.

 

4.       PURPOSE OF THE USUFRUCT – the USUFRUCT shall be used exclusively for the temporary shelter of the victims of human trafficking and children recruited and rescued as child warrior / child combatant and for carrying out other services like educational, medical assistance and psychological counseling.

 

5.       RIGHTS AND OBLIGATIONS OF THE USUFRUCTUARY

 

a.      The USUFRUCTUARY shall not sell, dispose, mortgage, encumber, transfer, assign, tolerate the use by a third party, or to use as collateral for their economic venture the property subject of the usufruct or any position thereof during the lifetime of the Agreement, unless with the written consent of the LANDOWNER;

b.      The USUFRUCTUARY shall voluntarily surrender possession and return or vacate the usufruct site to the LANDOWNER without need of demand upon expiration of the Agreement unless the parties hereto agree, in writing, to extend the same;

c.      The USUFRUCTUARY shall not alienate or transfer its usufructuary rights, or alter the form and substance of the site, or do anything thereon which may be prejudicial to the rights of the LANDOWNER;

d.      The USUFRUCTUARY shall be obliged to notify the LANDOWNER of any act of a third person, of which it may have knowledge, that may be prejudicial to the rights of ownership or possession therein;

e.      The USUFRUCTUARY shall download funds in favor of LANDOWNER to be utilized in the construction of above mentioned temporary shelter, provide, introduce and/or maintain proper infrastructures, facilitates and improvements, and shall be responsible to pay all utility charges, e.g. electricity, telephone and water.

f.        The USUFRUCTUARY shall be responsible for maintaining the cleanliness and peace and order in the site.

 

6.       RIGHTS AND OBLIGATIONS OF THE LANDOWNER

 

a.      Authorize the USUFRUCTUARY to apply, sign, obtain, secure and submit documents for securing the necessary permits, including but not limited to building and development permits;

b.      Exercise the right of ownership over the property under usufruct;

c.      Remove hazardous or harmful structures at the expense of the USUFRUCTUARY.

 

7.       OTHER TERMS AND CONDITIONS

 

a.      This Agreement shall be binding upon the parties and their successor-in-interest.

b.      In case of breach of any terms of the Agreement, dispute and/or litigation arising from this agreement, the venue of actions shall be filed in the proper courts of Tagum City, to the exclusion of all other courts.

c.      No modification of any part of this agreement shall be made unless agreed upon by both parties and shall be written in a separate/supplemental Memorandum of Agreement.

d.      Any violation of the provisions of this Agreement shall give the other party the right to extrajudicially demand the rescission of this agreement with the effect of its immediate termination upon receipt of the demand letter by the guilty party.

 

This agreement may be terminated by either party giving written notice to the other party at least 60 days in advance of the stated termination date. Termination of this agreement shall not affect activities in progress pursuant to specific activity agreements, which shall continue until concluded by the parties in accordance with their terms or as otherwise agreed to by the parties in writing.

IN WITNESS WHEREOF, the parties hereto have affixed their respective signature this ________________ 2017 in Tagum City, Davao del Norte, Philippines.

 

CITY GOVERNMENT OF TAGUM                             DSWD, FIELD OFFICE XI, DAVAO CITY
Landowner                                                                        Usufructuary

Represented by:                                                                       Represented by:

 

ALLAN L. RELLON, DPA,PHD                                  MERCEDITA P. JABAGAT

City Mayor                                                                                Regional Director

SIGNED IN THE PRESENCE OF:

 

NORA H. LUPIBA, RSW                                          RAQUEL E. NUÑEZ

CSWDO-Tagum City                                                  SWO-PSU Chief

 

ATTY. EVA LORRAINE E. ESTABILLO

Sangguniang Panlungsod Committee Chairperson

Gender Equality and Development, Children and Family Welfare and Social Services

ACKNOWLEDGMENT

 

Republic of the Philippines. .   )

Province of Davao del Norte  ) s.s.

City of Tagum . . . . . . . . . .      )

x . . . . . . . . . . . . . . . . . . . . . . . . . x

 

BEFORE ME this ________________at the City of Tagum, personally appeared:

NAME Evidence of Identity Date and Place Issued
ALLAN L. RELLON
MERCEDITA P. JABAGAT

 

Known to me to be the same persons who executed the foregoing instrument, and they acknowledged to me that the same is their free and voluntary act and deed.

This Deed of Usufruct consists of __ page/s including this page in which this acknowledgement is written, signed by the parties in their instrumental witnesses each and every page thereof.

 

WITNESS MY HAND AND NOTARIAL SEAL, on the date and the place first written above.

Doc. No.  ______

Page No. ______

Book No. ______

Series of 2017.

 

CARRIED AND APPROVED.

I HEREBY CERTIFY to the correctness of the foregoing.
 

     REY A. BUHION            

Secretary to the Sanggunian

 

ATTESTED AND CERTIFIED
TO BE DULY ADOPTED:

 

 

GETERITO T. GEMENTIZA, MDMG
City Vice Mayor
(Presiding Officer)