Republika ng Pilipinas

SANGGUNIANG PANLUNGSOD
Lungsod ng Dabaw
_____________________________________________________________

RESOLUTION NO. __________

Series of 2022

RESOLUTION ENACTING AN ORDINANCE AUTHORIZING THE

CITY MAYOR TO ENTER INTO AND SIGN FOR AND IN BEHALF OF
THE CITY OF DAVAO, THE DEED OF DONATION BY AND BETWEEN
THE BUREAU OF CUSTOMS (BOC) AND THE CITY GOVERNMENT
OF DAVAO, RELATIVE TO THE DONATION OF VARIOUS FROZEN
TUNA TO THE CITY

WHEREAS, City Administrator Atty. Zuleika T. Lopez, by authority of the City

Mayor per Executive Order No. 18, dated July 19, 2019, certified the matter as urgent
to be passed under Suspended Rules during the May 24, 2022 Regular Session;

WHEREAS, after the conduct of abandonment proceedings, the shipment of 4x4

container consigned to Davao Pacific Marina Ventures Corp., said to contain one (1) lot
frozen fish frozen albacore tuna; 2,609 kg frozen Bigeye Tuna, 3,678 kg frozen Albacore
tuna, and 11,122 kg SLCAS, was officially declared forfeited in favor of the government;

WHEREAS, the Port of Davao recommended the donation of the subject

shipment to the City Government of Davao considering that it can be used in the City’s
nutrition and feeding program;

WHEREAS, the Office of the City Legal Officer, in its Legal Opinion No. 385,
Series of 2022, dated May 22, 2022, found no legal infirmity in the DOD and
recommended for its forwarding to the Sangguniang Panlungsod for the requisite
legislative authority, and eventually to the City Mayor for her signature;

RESOLVED, to enact an Ordinance authorizing the City Mayor to Enter Into and
Sign for and in Behalf of the City of Davao, the Deed of Donation by and between the
Bureau of Customs (BOC) and the City Government of Davao relative to the donation of
Various Frozen Tuna to the City.

RESOLVED FURTHER, that copies of this resolution be furnished to Bureau of

Customs (BOC), City Legal Office, City Administrator’s Office, City Mayor’s Office, City
Vice-Mayor’s Office, and all other offices or departments concerned, for their
information and guidance.

Done this______________, Davao City, Philippines.

ATTY. J. MELCHOR B. QUITAIN JR.

Majority Floor Leader
Davao City
 Republika ng Pilipinas
SANGGUNIANG PANLUNGSOD
Lungsod ng Dabaw

ORDINANCE NO. _______

Series of 2022

AN ORDINANCE AUTHORIZING THE CITY MAYOR TO ENTER INTO

AND SIGN FOR AND IN BEHALF OF THE CITY OF DAVAO, THE
DEED OF DONATION BY AND BETWEEN THE BUREAU OF
CUSTOMS (BOC) AND THE CITY GOVERNMENT OF DAVAO,
RELATIVE TO THE DONATION OF VARIOUS FROZEN TUNA TO THE
CITY

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

AUTHORIZING THE CITY MAYOR TO ENTER INTO AND SIGN FOR AND IN BEHALF OF
THE CITY OF DAVAO, THE DEED OF DONATION BY AND BETWEEN THE BUREAU OF
CUSTOMS (BOC) AND THE CITY GOVERNMENT OF DAVAO, RELATIVE TO THE
DONATION OF VARIOUS FROZEN TUNA TO THE CITY”

SECTION 2. DECLARATION OF POLICY - Section 22 (a) (5) and (c) and

Section 455 (b) (1) (vi) of the Local Government Code of 1991 or RA 7160 provides
that:
Section 22. Corporate Powers. –
(a) Every local government unit, as a corporation,
shall have the following powers:
(5) To enter into contracts; and
(c) Unless otherwise provided in this Code, no
contract may be entered into by the local chief executive in
behalf of the local government unit without prior
authorization by the sanggunian concerned. A legible copy of
such contract shall be posted at a conspicuous place in the
provincial capitol or the city, municipal or barangay hall.

Section 455. Chief Executive; Powers, Duties and

Compensation.
(b) 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:

(1) Exercise general supervision and control over all

programs, projects, services, and activities of the city
government. and in this connection, shall:

(vi) 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. AUTHORITY – The City Mayor is hereby granted legislative

authority to enter into and sign the Deed of Donation by and between the Bureau of
Customs (BOC) and the City Government of Davao relative to the donation of Various
Frozen Tuna to the City..

SECTION 4. 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 5. EFFECTIVITY CLAUSE – This Ordinance shall take effect

immediately upon approval.

ENACTED, ___________, by a majority vote of all the Members of the

Sanggunian present.

ATTY. J. MELCHOR B. QUITAIN JR.

Majority Floor Leader
Davao City