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Republic of the Philippines

CITY OF DAVAO
Office of the City Council
_________________________________________________________________________________

SUB-COMMITTEE ON HOUSING AND SUBDIVISION DEVELOPMENT


UNDER BP 22,MEDIUM-END PROJECTS

COMMITTEE REPORT ON ITEM NO. 906


REQUEST OF MR. BENJIE JOSE DIMAUNAHAN, AUTHORIZED REPRESENTATIVE OF
DAVAO LIGHT AND POWER COMPANY, FOR THE PASSAGE OF SP RESOLUTION FOR
THE CANCELLATION OF ENCUMBRANCE ANNOTATED ON TRANSFER CERTIFICATE
OF TITLE NO. T-41824 REGISTERED IN THE NAME OF DONATO FABROS, FOR
APPROPRIATE ACTION OF THE BODY.

BACKGROUND

This pertains to the letter from Davao Light and Power Company requesting
the cancellation of encumbrance annotated on Transfer Certificate of Title No. T41824 covering a parcel of land, located at Barangay Ma-a, Talomo District, Davao
City, and containing an area of EIGHT HUNDRED THIRTY NINE (839) Square
Meters;

Annotated on the abovementioned title is the following encumbrance:

EXCEPT IN FAVOR OF THE GOVERNMENT OR ANY OF ITS BRANCHES, UNITS, OR


INSTITUTIONS, LAND ACQUIRED UNDER THE PROVISIONS OF THIS ACT OR ANY PERMANENT
IMPROVEMENT THEREON SHALL NOT BE SUBJECT TO ENCUMBRANCE OR ALIENATION
FROM THE DATE OF THE AWARD OF THE LAND AND/OR THE IMPROVEMENTS THEREON AND
FOR A TERM OF TEN YEARS FROM AND AFTER THE DATE OF ISSUANCE OF THE
CERTIFICATE OF TITLE, NOR SHALL THEY BECOME LIABLE TO THE SATISFACTION OF ANY
DEBT CONTRACTED PRIOR TO THE EXECUTION OF SUCH PERIOD.

HIGHLIGHTS
The subject property is registered in the name of Donato D. Fabros and the land title
was issued on November 26, 1973 with the aforementioned annotation.
The property was conveyed to Davao Light and Power Company by virtue of a Deed
of Absolute Sale executed by Donato D. Fabros, Sr. dated June 19, 2014 ratified
before the notary public of Atty. Sherwin Ma. V.C. Quilatan.
The applicant manifested that the ten (10) year prohibitory period had long been
expired.
RECOMMENDATIONS

The Committee recommends to grant the request of Mr. Benjie Jose


Dimaunahan, for the cancellation of the annotation contained in Transfer Certificate
of Title No. T-41824;
1 |Item 906/ Sub-Committee on Housing and Subdivision Development Under BP
220 (Medium-End)

RESPECTFULLY SUBMITTED this __ day of December 2014, Davao City,


Philippines.
SIGNED BY THE SUB-COMMITTEE MEMBERS:

Sub-Committee on Housing and Subdivision Development under B.P. 220


(Medium-End Projects)

HON. VICTORIO U. ADVINCULA, JR.


Chairperson, Sub-Committee on Housing and Subdivision Development
under BP 220 (Medium-End Projects)

HON. MARISSA P. SALVADOR-ABELLA

HON. ANTOINETTE G. PRINCIPE-CASTRODES

Vice-Chairperson

Member

HON. BERNARD E. AL-AG


Ex-Officio Member

CONCURRENCE:

Committee on Housing , Rural & Urban Development


(Main Committee)

HON. LEAH A. LIBRADO-YAP

Chairperson

HON. LOIUE JOHN J. BONGUYAN

HON. LEONARDO R. AVILA III

Vice-Chairperson

Member

HON. AL RYAN S. ALEJANDRE

HON. ANTOINETTE G. PRINCIPE-CASTRODES

Member

Member

HON. TOMAS J. MONTEVERDE IV


Ex-Officio Member

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220 (Medium-End)

17th Legislative Body


___ Regular Session
Series of 2014
Republika ng Pilipinas
LUNGSOD NG DABAW
Sangguniang Panlungsod
RESOLUTION NO. _________
Series of 2014
A RESOLUTION GRANTING THE REQUEST FOR THE CANCELLATION OF THE
ANNOTATION CONTAINED ON TRANSFER CERTIFICATE OF TITLE NO. T-41824
REGISTERED IN THE NAME OF DONATO FABROS, WHICH STATES, EXCEPT
IN FAVOR OF THE GOVERNMENT OR ANY OF ITS BRANCHES, UNITS, OR
INSTITUTIONS, LAND ACQUIRED UNDER THE PROVISIONS OF THIS ACT OR
ANY PERMANENT IMPROVEMENT THEREON SHALL NOT BE SUBJECT TO
ENCUMBRANCE OR ALIENATION FROM THE DATE OF THE AWARD OF THE
LAND AND/OR THE IMPROVEMENTS THEREON AND FOR A TERM OF TEN
YEARS FROM AND AFTER THE DATE OF ISSUANCE OF THE CERTIFICATE OF
TITLE, NOR SHALL THEY BECOME LIABLE TO THE SATISFACTION OF ANY
DEBT CONTRACTED PRIOR TO THE EXECUTION OF SUCH PERIOD AS
REQUESTED BY DAVAO LIGHT AND POWER COMPANY, THROUGH ITS
AUTHORIZED REPRESENTATIVE, MR. BENJIE JOSE DIMAUNAHAN.
WHEREAS, this pertains to the letter-request of Mr. Benjie Jose Dimaunahan, a
representative of Davao Light and Power Company as evidenced by an Authorization
dated June 30, 2014 executed by its EVP and COO, Mr. Arturo M. Milan, requesting
the City Council to approve the cancellation of the annotation contained in Transfer
Certificate of Title No. T-41824 covering an area of 839 square meters located in
Ma-a, Talomo District, Davao City.
WHEREAS, annotated on the above mentioned title are the following encumbrances:
Except in favor of the Government or any of its branches, units, or institutions, land
acquired under the provisions of this Act or any permanent improvement thereon
shall not be subject to encumbrance or alienation from the date of the award of the
land and/or the improvements thereon and for a term of ten years from and after the
date of issuance of the certificate of title, nor shall they become liable to the
satisfaction of any debt contracted prior to the execution of such period.
WHEREAS, the subject property was transferred by virtue of a Deed of Absolute Sale
executed by Donato Fabros Sr. in favor of Davao Light and Power Company dated
June 19, 2014;
WHEREAS, the applicant manifested that the ten (10) year prohibitory period had
long been expired;
WHEREAS, this Committee recommends the granting of the request for cancellation
of annotation contained in Transfer Certificate of Title No. 41824;
NOW THEREFORE, be it resolved as it is hereby resolved that the City Council of
Davao grants the request for the cancellation of annotation contained in Transfer
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220 (Medium-End)

Certificate of Title No. 41824, which reads as Except in favor of the Government or
any of its branches, units, or institutions, land acquired under the provisions of this
Act or any permanent improvement thereon shall not be subject to encumbrance or
alienation from the date of the award of the land and/or the improvements thereon
and for a term of ten years from and after the date of issuance of the certificate of
title, nor shall they become liable to the satisfaction of any debt contracted prior to
the execution of such period.
RESOLVED FINALLY, that copies of this Resolution be furnished to the Office of the
Secretary of the Sangguniang Panlungsod, City Planning and Development Office,
City Legal Office, City Mayors Office, and all other offices/departments concerned,
for their information and guidance.
Done this _________________, Davao City, Philippines.

Hon. Victorio U. Advincula, Jr.


Chairperson, Sub-Committee on Housing and Subdivision Development
under BP 220 (Medium-End Projects)

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220 (Medium-End)