DEED OF USUFRUCT

KNOW ALL MEN BY THESE PRESENTS:

This DEED is made and executed by and between:

The PROVINCIAL GOVERNMENT OF ISABELA, a government entity duly organized and

existing under the laws of the Republic of the Philippines, represented by HON. GOV. FAUSTINO
G. DY III, Provincial Governor with an office address at the Provincial Capitol Ilagan Isabela,
herein after referred to as the “FIRST PARTY”;

And

DEPARTMENT OF EDUCATION (DepEd) Division Office, with office address at Barangay

Alibagu, Ilagan City, Isabela, represented herein by MR. JESSIE L. AMIN, Ph.D., OIC-Schools
Division Superintendent, referred to as the “SECOND PARTY”;

WITNESSETH:

WHEREAS, the Department of Education intends to establish a stand-alone Sports

Senior High School in the Province of Isabela;

WHEREAS, in support of the aspiration of the Department of Education, the Provincial

Government of Isabela, thru its Sangguniang Panlalawigan, passed Resolution No. 245, Series of
2015, granting its Provincial Governor, Hon. Faustino G. Dy III, authority to enter into an
Agreement with the Department of Education-Division of Isabela for the purpose of
establishing a Sports Senior High School;

WHEREAS, the Provincial Government of Isabela is willing to grant the Department of

Education-Division of Isabela usufructuary rights over a certain parcel of land, registered under
the name of the former, to accomplish the above purpose;

WHEREAS, the facilities, structures and buildings to be constructed shall serve as the
instructional rooms and workshop areas of the enrollees and authorized visitors of the Sports
Senior High School;

NOW THEREFORE, in its desire to contribute for a cause of education, and as an act of
liberality and generosity, the First Party hereby voluntarily and freely transfers and conveys, by
way of USUFRUCT to the Second Party, which the Second Party hereby accepts and has taken
legal possession of the property and hereby expresses his appreciation and gratefulness for the
kindness and generosity of the First Party, for and in consideration foregoing premises and of
the mutual covenants hereinafter contained, the parties hereby agree to the following terms
and conditions:

1. IDENTITY OF PROPERTY – this Agreement covers the parcel of land, registered under
the name of the FIRST PARTY, located at Capitol Compound, Alibagu, City of Ilagan,
 Isabela, particularly at the rear side of the Isabela Sports Complex, containing an area of
TWENTY ONE THOUSAND FOUR HUNDRED (21,400) square meters, more or less.

2. TERM – The FIRST PARTY grants the SECOND PARTY usufructuary rights over the subject
parcel of land for a period of twenty five (25) years extendible upon agreement of the
parties.

3. OWNERSHIP – while the usufruct and/or the beneficial use of the land is transferred to
the Second Party, the ownership and title remains with and continues to be in the name
of the FIRST PARTY;

4. OTHER TERMS AND CONDITIONS:

a. The property shall be used solely and exclusively by the Second Party for the
purpose of constructing structures, facilities and buildings and the introduction of
other improvements necessary for the proper and effective provision of education
to the enrollees of the Sports Senior High School;

b. In no case shall the FIRST PARTY be liable for any loss, damage or injury that may
arise by reason of the use and enjoyment of the property by the SECOND PARTY;

c. The SECOND PARTY shall not lease any part or portion of the constructed premises
or the whole thereof without the express consent of the FIRST PARTY;

d. The FIRST PARTY covenants to the SECOND PARTY the peaceful use and possession
of the subject property;

e. The FIRST PARTY has the right to immediately recover possession of the subject
property, including all permanent structures and improvements introduced thereon,
without obligation to reimburse the SECOND PARTY, and terminate the usufruct
should the SECOND PARTY violate any of the provisions of this Deed or fail to comply
with its obligations as a usufructuary as provided in the New Civil Code of the
Philippines, the applicable provisions of which are incorporated herein and deemed
part of the provisions of this Deed.

IN WITNESS WHEREOF, the herein parties have set their hands this ______ day of
_________________________ 2017 at City of Ilagan, Isabela.

Provincial Government of Isabela Department of Education – Division of Isabela

By: By:

HON. FAUSTINO G. DY III MR. JESSIE L. AMIN, Ph.D.

Provincial Governor OIC-Schools Division Superintendent

Signed in the Presence of:

_______________________________ ___________________________________
 ACKNOWLEDGMENT

Republic of the Philippines )

Province of Isabela ) s.s.
City of Ilagan )

BEFORE ME, this ______ day of ___________________ 2017, at Ilagan City, Isabela,
personally appeared the following persons, to wit:

NAME ID No. Issuing Agency

HON. FAUSTINO G. DY III
DR. JESSIE L. AMIN

Known to me to be the same persons who executed the foregoing Deed and who
acknowledged to me that the same is their free and voluntary act and deed of the entities that
they represent in this instance.

This deed, consisting of _____ pages, including the page on which this Acknowledgment
is written, signed by the Parties and their instrumental witnesses, refers to a Deed of Usufruct
of a parcel of land.

WITNESS MY HAND AND SEAL at the place and on the date written in this
Acknowledgment.

Doc. No. _______

Page No. _______
Book No. _______
Series of 2017.