USUFRUCT AGREEMENT

This USUFRUCT AGREEMENT, hereinafter referred to as the “Usufruct”, is made and executed
by and between:
LOCAL GOVERNMENT UNIT (LGU) OF CAPOOCAN, LEYTE, represented by its Municipal
Mayor, Hon. FE CLAIRE P. CAROLINO-PARAGATOS, hereinafter referred to as USUFRUCTUARY;
and
LEONIL PILAPIL-MADERAZO, heir of Leonardo Pilapil, of legal age, married and a resident of
Brgy. Balud, Capoocan, Leyte, hereinafter referred to as the LANDOWNER.

WITNESSETH
WHEREAS, the LANDOWNER owns a parcel of inherited land consisting an area of 11.0819
hectares covered by Tax Declaration No. 081000300274 in the name of LEONARDO PILAPIL located at
Sitio Anahat, Brgy. Balucanad, Capoocan, Leyte, copy of which is hereto attached and made an integral part
of this Usufruct;
WHEREAS, the USUFRUCTUARY is a Local Government Unit of Capoocan, Leyte represented
by its Municipal Mayor, Hon. FE CLAIRE P. CAROLINO-PARAGATOS, mandated by Republic Act
7160, otherwise known as Local Government Code of 1991, to deliver basic services for the welfare and
development of the constituents;
WHEREAS, the USUFRUCTUARY has to construct an Intake Tank to develop the water spring
located in the real property as described above to implement the water system project of the municipality as
part of its mandated functions to provide the basic needs of the Capoocan constituency;
WHEREAS, the LANDOWNER is willing to enter into a usufruct agreement with the
USUFRUCTUARY over the said project subject to the terms and conditions provided herein;
NOW, THEREFORE, for and in consideration of the foregoing premises and of the mutual
covenants hereinafter contained, the parties hereby agree as follows:
1. TERM. The term of the usufruct shall be in effect while the facility is still in use for the benefit of
the public;
2. PURPOSE OF THE USUFRUCT. The USUFRUCT shall be used exclusively for the Provision
of Potable Water Supply;
3. LAND OWNERSHIP. The ownership of the lot remains with and continues to be in the name of
the LANDOWNER;
4. RIGHTS AND OBLIGATIONS OF THE USUFRUCTUARY
a. The USUFRUCTUARY shall develop the source of water spring located in the property as
described above and construct an Intake Tank with an area requirement of nine (9) square
meters;
b. The USUFRUCTUARY shall provide maintenance of the project to include the provision of
perimeter fence in the covered area;
c. The USUFRUCTUARY shall make the potable water system project available for the use of the
herein landowner; and
c. The USUFRUCTUARY shall voluntarily surrender possession of the nine (9) square meters area
and vacate or return the same to the LANDOWNER in the event said area shall no longer be
utilized for the purpose as herein described.
 5. RIGHTS AND OBLIGATIONS OF THE LAND OWNER
a. Allow the USUFRUCTUARY to utilize a portion of land measuring an area of nine (9) square
meters from the total land area as described above to be used for the Construction of Intake
Tank as part of its Potable Water System Project;
b. Allow the USUFRUCTUARY to utilize a portion of land for the pipeline traversing from the
water source to the distribution tank in the barangay proper;
c. Recover the property (lot) under usufruct if the built structure shall no longer be used for public
purpose as herein defined; and
c. Maintain the right of ownership over the property under usufruct.

IN WITNESS WHEREOF, the herein parties have set their hands this _______ day of
_________________, 2019 at Capoocan, Leyte, Philippines.
LGU-CAPOOCAN, LEYTE
LANDOWNER: USUFRUCTUARY
Represented by:
LEONIL PILAPIL-MADERAZO FE CLAIRE P. CAROLINO-PARAGATOS
Gov’t issued ID No. _____________ Municipal Mayor
______________________________ Gov’t issued ID No. ____________
_____________________________

Signed in the presence of:

_______________________ _________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )

_____________________________ ) S.S.

BEFORE ME, a Notary Public, for and in the above jurisdiction this day of ____________________
_______________ personally appeared:

Name Government Valid Place and Date of Issue Expiration Date

ID
LEONIL PILAPIL-
MADERAZO
FE CLAIRE P. CAROLINO-
PARAGATOS
known to me to be the same persons who executed the foregoing instrument, consisting of two (2) pages,
including this page wherein this acknowledgement is written, signed by parties and their instrumental
witnesses and sealed with my notarial seal. This agreement refers to as the USUFRUCT AGREEMENT
and acknowledged to me that the same are their own free voluntary acts and deeds.

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

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 20___.