Republic of the Philippines

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

COMMITTEE REPORT ON ITEM NO. 770

DEED OF DONATION EXECUTED BY SPOUSES LORETO G. NICOLAS AND
LOLITA S. NICOLAS, IN FAVOR OF THE CITY GOVERNMENT OF DAVAO,
INVOLVING A PARCEL OF LAND TO BE USED FOR ROAD PURPOSES
SITUATED IN BARANGAY BACACA, THIS CITY, COVERED BY TCT NO. T146-2013009007.
Background
1. This pertains to the Deed of Donation Executed by Spouses Loreto G. Nicolas and
Lolita S. Nicolas in favor of the City Government of Davao, involving a parcel of
land containing an area of 3,174 square meters, more or less, for barangay road
purposes;
Highlights
2.

Mr. Loreto G. Nicolas is an incumbent Punong Barangay of Barangay Bacaca,

Davao City and who is herein referred to as the Donor of the subject property.

3.

During the committee hearing to which Mr. Loreto G. Nicolas attended, it was
established that the subject property is situated at Barangay Bacaca 19-B,
containing an area 3,174 square meters more or less. The said property was
particularly described as vacant and uninhabited.

4.

The Donor is the absolute owner of the parcel of land embraced by TCT No. T146-2013009007 of the Registry of Deeds of Davao City which includes the
donated land itself.

5.

It was affirmed during the committee hearing that the aforementioned donated
land is still part of the mother tile covered by TCT No. T-146-2013009007 and
currently in the stage of waiting to be segregated.

5.

During the committee hearing, Punong Barangay Loreto G. Nicolas stated that
there is already an existing road on the portion of land to be donated. There is
also an allocated budget of Fifteen Million Pesos (PhP 15,000,000.00) for the road
construction. However such funds of road concreting cannot be released without
the title being transferred to the name of the City Government of Davao.

7. It is then important that this item be approved.

Recommendation
In lieu of the aforementioned facts, this Committee recommends the passage of a
resolution entitled A Resolution To Enact An Ordinance Granting Legislative
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 Spouses
Loreto G. Nicolas And Lolita S. Nicolas In Favor Of The City Government Of Davao
Relative To A Parcel Of Land In Barangay Bacaca, This City, to be used for road
purposes.

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

SIGNED BY THE SUB-COMMITTEE MEMBERS:

Item 770/Committee on Rules, Privileges, Laws And Ordinances

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
Member

17th Legislative Body

____ Regular Session
Series of 2015

Item 770/Committee on Rules, Privileges, Laws And Ordinances

HON. AL RYAN
Member

HON. LEAH A.
Member

Republika ng Pilipinas
SANGGUNIANG PANLUNGSOD
Lungsod ng Dabaw

_____________________________________________________________________________________

RESOLUTION NO. __________

A RESOLUTION TO ENACT AN ORDINANCE GRANTING LEGISLATIVE
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 SPOUSES LORETO G.
NICOLAS AND LOLITA S. NICOLAS IN FAVOR OF THE CITY
GOVERNMENT OF DAVAO RELATIVE TO A PARCEL OF LAND IN
BARANGAY BACACA, THIS CITY, TO BE USED FOR ROAD PURPOSES.
WHEREAS, this pertains to the resolution to enact an ordinance granting
legislative authority to the City Mayor to accept and sign for and in behalf of
the City Government of Davao the Deed of Donation to be executed by
Spouses Loreto G. Nicolas and Lolita S. Nicolas in favor of the City
Government of Davao in relation to a parcel of land situated in Barangay
Bacaca, This City, and covered by TCT No. T-146-2013009007 to be used as a
road.
WHEREAS, Mr. Loreto G. Nicolas is an incumbent Punong Barangay of
Barangay Bacaca, Davao City and who is referred to as the Donor of the
subject property;
WHEREAS, Donor is the absolute owner of the parcel of land embraced by
TCT No. T-146-2013009007 of the Registry of Deeds of Davao City which
includes the donated land itself;
WHEREAS, the aforementioned donated land is still part of the mother title
covered by TCT No. T-146-2013009007 and is yet to be segregated;
WHEREAS, the subject property is situated at Barangay Bacaca 19-B,
containing an area 3,174 square meters more or less. The said property was
particularly described as vacant and uninhabited;
WHEREAS, there is already an existing road on the donated portion of land
and allocated budget of Fifteen Million Pesos (PhP 15,000,000.00) for its road
concreting;
WHEREAS, the funds on road concreting shall be released after the title
being transferred in the name of City Government of Davao;

WHEREAS, there is a need that a Resolution be passed enacting an

Ordinance authorizing the City Mayor to sign for and in behalf of the City
Government of Davao, the Deed of Donation entered into by and between
Spouses Loreto G. Nicolas And Lolita S. Nicolas and City Government of
Davao, Involving A Parcel Of Land To Be Used For Road Purposes Situated In
Barangay Bacaca, This City, Covered by TCT No. T-146-2013009007.;
NOW THEREFORE, be it resolved as it is hereby resolved to enact an
ordinance granting legislative authority to the City Mayor Rodrigo R. Duterte
3

Item 770/Committee on Rules, Privileges, Laws And Ordinances

to sign for and in behalf of the City Government of Davao the Deed of
Donation to be executed by Spouses Loreto G. Nicolas and Lolita S. Nicolas in
favor of the City Government of Davao in relation to a parcel of land situated
in Barangay Bacaca, This City, covered by TCT No. T-146-2013009007, to be
used as a road;
RESOLVED FURTHER, that copies of these resolutions to be enacted be
furnished to the Office of the Secretary to the Sangguniang Panlungsod, City
Mayors Office, and all other offices/departments concerned, for their
information and guidance.
Done this______________, Davao City, Philippines.

DR. BERNARD E. AL-AG

Floor Leader, 17th Council
Sangguniang Panlungsod
Davao City

17th Legislative Body

____ Regular Session
Series of 2015

Republika ng Pilipinas
4

Item 770/Committee on Rules, Privileges, Laws And Ordinances

SANGGUNIANG PANLUNGSOD
Lungsod ng Dabaw
ORDINANCE NO. _______
Series of 2015
AN ORDINANCE GRANTING LEGISLATIVE AUTHORITY TO THE CITY MAYOR
RODRIGO R. DUTERTE TO SIGN FOR AND IN BEHALF OF THE CITY
GOVERNMENT OF DAVAO THE DEED OF DONATION TO BE EXECUTED BY
SPOUSES LORETO G. NICOLAS AND LOLITA S. NICOLAS IN FAVOR OF THE
CITY GOVERNMENT OF DAVAO IN RELATION TO A PARCEL OF LAND
SITUATED IN BARANGAY BACACA, THIS CITY, COVERED BY TCT NO. T-1462013009007, TO BE USED AS A ROAD.
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 LEGISLATIVE AUTHORITY TO CITY MAYOR RODRIGO R. DUTERTE TO SIGN
FOR AND IN BEHALF OF THE CITY GOVERNMENT OF DAVAO THE DEED OF DONATION
TO BE EXECUTED BY SPOUSES LORETO G. NICOLAS AND LOLITA S. NICOLAS IN
FAVOR OF THE CITY GOVERNMENT OF DAVAO IN RELATION TO A PARCEL OF LAND
SITUATED IN BARANGAY BACACA, THIS CITY, COVERED BY TCT NO. T-1462013009007, TO BE USED AS A ROAD. ;
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 Spouses Loreto G. Nicolas and Lolita S. Nicolas in favor of the City Government of
Davao. It involves a parcel of land containing an area of 3,174 square meters, more
or less. This portion of land is intended 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 Spouses Loreto G.
Nicolas and Lolita S. Nicolas in favor of the City Government of Davao involving a
parcel of land in Barangay Bacaca, this City, and covered by TCT NO. T-1462013009007.
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 770/Committee on Rules, Privileges, Laws And Ordinances