Republic of the Philippines

CITY OF DAVAO
Office of the City Council
COMMITTEE ON RULES, PRIVILEGES, LAWS AND ORDINANCES

COMMITTEE REPORT ON ITEM NO. 1625

REQUEST OF ATTY. MARTIN B. DELGRA III, COUNSEL FOR LOURDES A.
CASTILLO, OWNER OF A PARCEL OF LAND (LOT NO. 145-B OF PSD256435) EMBRACED IN CERTIFICATE OF TITLE NO. 146-T-55183,
LOCATED IN BARANGAY BAYABAS, TORIL, THIS CITY, TO INITIATE THE
NECESSARY PROCEEDINGS FOR THE CITY TO ACCEPT THE DONATION
OF TWO PORTIONS OF SAID PROPERTY USED AS BARANGAY ROAD,
AND AS A PRIMARY SCHOOL
Background
1.
This pertains to the Deed of Donation to be executed by Lourdes AfableCastillo in favor of the City Government of Davao, involving a parcel of land in
Barangay Eden, Toril. It is identified as Lot No. 145-B of PSD256435 embraced in
Certificate of Title No. 146-T-55183. A portion of the land to be donated shall be
used as a road and another portion of it shall be used as a school.
Highlights
2. The Donor is the absolute owner of the parcel of land embraced by TCT No. 146T-55183 of the Registry of Deeds of Davao City. The title includes the land to be
donated.
3. As early as 1969, the subject parcels of land has already been used as a school
(Lot 145-B-2) and another portion has been used as a road (Lot 145-B-4).
Lourdes Afable-Castillo seeks to donate both lots to the city.
4. Despite the fact that the public has been using the property for free for a long
time now, the landowner is still the one who pays realty taxes for the entire lot
because the properties have not been titled separately.
5. It was affirmed during the committee hearing that both lots to be donated still
form part of the mother title (Transfer Certificate of Title No. 146-T-55183.)
6. During the hearing, it was established that it would be more beneficial if the lot
used for the school will be donated to the Department of Education instead of the
City. The road lot will be the one that will be donated to the City.

Recommendation
In view of the aforementioned, this Committee recommends the passage of a
resolution entitled A Resolution To Enact An Ordinance Granting Authority To City
Mayor Rodrigo R. Duterte To Accept And Sign For And In Behalf Of The City
Government Of Davao The Deed Of Donation To Be Executed By Lourdes AfableCastillo In Favor Of The City Government Of Davao Relative To Lot 145-B-4, a road
lot in Barangay Eden, Toril, Which is covered by Transfer Certificate of Title No. 146T-55183.

RESPECTFULLY SUBMITTED this _________ in the City of Davao, Philippines.

Item 1625/Committee on Rules, Privileges, Laws And Ordinances

SIGNED BY THE SUB-COMMITTEE MEMBERS:

COMMITTEE ON RULES, PRIVILEGES, LAWS AND ORDINANCES

HON. BERNARD E. AL-AG

Chairperson

HON. BONIFACIO E. MILITAR

S. ALEJANDRE
Vice Chairperson

HON. KARLO S. BELLO

LIBRADO-YAP
Member

17th Legislative Body

Item 1625/Committee on Rules, Privileges, Laws And Ordinances

HON. AL RYAN
Member

HON. LEAH A.
Member

____ Regular Session

Series of 2015

Republika ng Pilipinas
SANGGUNIANG PANLUNGSOD
Lungsod ng Dabaw
RESOLUTION NO. __________

A RESOLUTION TO ENACT AN ORDINANCE GRANTING AUTHORITY TO CITY

MAYOR RODRIGO R. DUTERTE TO ACCEPT AND SIGN FOR AND IN BEHALF
OF THE CITY GOVERNMENT OF DAVAO THE DEED OF DONATION TO BE
EXECUTED BY LOURDES AFABLE-CASTILLO IN FAVOR OF THE CITY
GOVERNMENT OF DAVAO RELATIVE TO LOT 145-B-4, A ROAD LOT IN
BARANGAY EDEN, TORIL, WHICH IS COVERED BY TRANSFER CERTIFICATE
OF TITLE NO. 146-T-55183.
WHEREAS, this pertains to the Deed of Donation to be executed by Lourdes AfableCastillo in favor of the City Government of Davao, involving a parcel of land in
Barangay Eden, Toril. It is identified as Lot No. 145-B-4 embraced in Transfer
Certificate of Title No. 146-T-55183. This parcel of land is being used already as a
road;
WHEREAS, the Donor is the absolute owner of the parcel of land embraced by TCT
No. 146-T-55183 of the Registry of Deeds of Davao City. The said title includes the
land to be donated;
WHEREAS, the aforementioned donated land is still part of the mother title covered
by TCT No. 146-T-55183;
WHEREAS, the subject property is situated at Barangay Eden, Toril District,
containing an area of 1,791 square meters more or less;
NOW THEREFORE, be it resolved as it is hereby resolved to enact an ordinance
granting authority to the City Mayor Rodrigo R. Duterte to accept and sign for and in
behalf of the City Government Of Davao the Deed of Donation to be executed by
Lourdes Afable-Castillo in favor of the City Government of Davao relative to Lot 145B-4, a road lot in Barangay Eden, Toril, Which is covered by Transfer Certificate of
Title No. 146-T-55183;
RESOLVED FURTHER, that copies of this resolution to be enacted be furnished to
the Office of the Secretary to the Sangguniang Panlungsod, City Mayors Office,
Lourdes Afable Castillo and all other offices/departments concerned, for their
information and guidance.

Done this______________, Davao City, Philippines.

DR. BERNARD E. AL-AG

Chairperson, Committee on Rules, Privileges, Laws, and Ordinances
Sangguniang Panlungsod ng Dabaw

17th Legislative Body

____ Regular Session
Series of 2015

Item 1625/Committee on Rules, Privileges, Laws And Ordinances

Republika ng Pilipinas
SANGGUNIANG PANLUNGSOD
Lungsod ng Dabaw
ORDINANCE NO. _______
Series of 2015

AN ORDINANCE GRANTING AUTHORITY TO CITY MAYOR RODRIGO R.

DUTERTE TO ACCEPT AND SIGN FOR AND IN BEHALF OF THE CITY
GOVERNMENT OF DAVAO THE DEED OF DONATION TO BE EXECUTED BY
LOURDES AFABLE-CASTILLO IN FAVOR OF THE CITY GOVERNMENT OF
DAVAO RELATIVE TO LOT 145-B-4, A ROAD LOT IN BARANGAY EDEN, TORIL,
WHICH IS COVERED BY TRANSFER CERTIFICATE OF TITLE NO. 146-T-55183.
Be it ordained by the Sangguniang Panlungsod of Davao City in session
assembled that:
SECTION 1. TITLE This ordinance shall be known as AN ORDINANCE
GRANTING AUTHORITY TO CITY MAYOR RODRIGO R. DUTERTE TO ACCEPT AND SIGN
FOR AND IN BEHALF OF THE CITY GOVERNMENT OF DAVAO THE DEED OF DONATION
TO BE EXECUTED BY LOURDES AFABLE-CASTILLO IN FAVOR OF THE CITY
GOVERNMENT OF DAVAO RELATIVE TO LOT 145-B-4, A ROAD LOT IN BARANGAY
EDEN, TORIL, WHICH IS COVERED BY TRANSFER CERTIFICATE OF TITLE NO. 146-T55183.
SECTION 2. DECLARATION OF POLICY - Section 455, (b) (1) (vi) of the
Local Government Code provides, to wit:
For efficient, effective and economical governance the purpose of
which
is the general welfare of the city and its inhabitants pursuant to Section 16 of this
Code, the city mayor shall represent the city in all its
business
transactions
and sign in its behalf all bonds, contracts, and
obligations, and such other
documents upon authority of the
Sangguniang Panlungsod or pursuant to law
or ordinance;
SECTION 3. DEED OF DONATION The Deed of Donation will be executed
by Lourdes Afable-Castillo in favor of the City Government of Davao. It involves a
parcel of land containing an area of 1,791 square meters, more or less. It shall
continue to be used as a road.
SECTION 4. AUTHORITY The City Mayor Rodrigo R. Duterte is hereby
granted legislative authority to accept and sign, for and in behalf of the City
Government of Davao, the Deed of Donation to be executed by Lourdes AfableCastillo in favor of the City Government of Davao involving Lot 145-B-4, a road lot in
Barangay Eden, Toril, and covered by TCT No. 146-T-55183.
SECTION 5. SEPARABILITY CLAUSE If for any reason, any section or
provision of this ordinance is declared unconstitutional or invalid, other sections or
provisions hereof not affected by such declaration shall continue to be in full force
and effect.
SECTION 6. EFFECTIVITY CLAUSE This Ordinance shall take effect
immediately upon approval.
ENACTED, ___________, by a majority vote of all the Members of the
Sanggunian present.

Item 1625/Committee on Rules, Privileges, Laws And Ordinances