Republic of the Philippines

CITY OF DAVAO
Office of the City Council

COMMITTEE ON RULES, PRIVILEGES, LAWS AND ORDINANCES

COMMITTEE REPORT ON ITEM NO. 313

DEED OF DONATION EXECUTED BY SHELTER DEVELOPMENT
COOPERATIVE IN FAVOR OF THE CITY GOVERNMENT OF DAVAO,
INVOLVING PARCELS OF LAND DESIGNATED AS ROAD LOTS,
OPEN SPACES AND COMMUNITY FACILITIES OF CENTENNIAL
VILLAGE II, LOCATED AT BARANGAY ULA, TUGBOK DISTRICT,
THIS CITY, CONTAINING AN AREA OF 4,156 SQUARE METERS,
MORE OR LESS.
Background
1. This pertains to the Deed of Donation Executed by Shelter Development
Cooperative in favor of the City Government of Davao, involving parcels of land
designated as road lots, open spaces and community facilities of Centennial
Village II, located at Barangay Ula, Tugbok District, this City, containing an area
of 4,156 square meters, more or less;
Highlights
2. Shelter Development Cooperative is a cooperative duly organized and existing
under the laws of the Philippines with business address at Davao City, herein
represented by its Chairman, Norman A. Sison, Filipino, of Legal Age, Married,
and a resident of Rolling Hills Subdivision, Bacaca, Davao City, hereinafter called
the Donor in favor of the City Government of Davao, herein represented by the
City Mayor, Rodrigo Roa Duterte;
3. The City Legal Office duly reviewed the Item 313 and issued Legal Opinion No. 76
Series of 2012, wherein, recommending for the passage of ordinance authorizing
the City Mayor to accept donation for and in behalf of the City;
4. The Donor had secured Certificate of Completion from Housing and land use
Regulatory Board. The said Certificate is a requisite for the execution of the Deed
of Donation in favor of the City of Davao pursuant to Section 31 of PD 957 as
amended by PD 1216, the pertinent portion of which reads as follows:
Section 31. Roads, Alleys, Sidewalks and Open Spaces Upon their
completion as certified to by the Authority, the roads, alleys, sidewalk
and playgrounds shall be donated by the owner or developer to the city of
municipality and it shall be mandatory to the local governments to
accept, provided, however that the open space and playgrounds may
be donated to the Homeowners Associations of the project with the
consent of the city or municipality concerned. No portion of the parks
and playgrounds donated thereafter shall be converted to any other
purpose or purposes.;

5.

Prior to the execution of the Deed of Acceptance, the City Mayor needs
legislative authority to accept the donation for and in behalf of the City of Davao
1

Item 313/Committee on Rules, Privileges, Laws And Ordinances

pursuant to Section 455 (b) (vi) of RA 7160, otherwise known as the Local
Government Code, to quote:
Section 455. Chief Executive, Powers, Duties and Compensation;
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.;
6. The named representative to sign for and in behalf of the City Government of
Davao is Rodrigo R. Duterte, the City Mayor;
Recommendation
7. This Committee recommends that a resolution with its corresponding Ordinance
be passed granting the herein request. Such Resolution shall be entitled A
RESOLUTION TO ENACT AN ORDINANCE GRANTING LEGISLATIVE
AUTHORITY TO THE CITY MAYOR RODRIGO ROA DUTERTE TO SIGN FOR
AND IN BEHALF OF THE CITY GOVERNMENT OF DAVAO (CGD), THE DEED
OF DONATION EXECUTED BY SHELTER DEVELOPMENT COOPERATIVE IN
FAVOR OF THE CITY GOVERNMENT OF DAVAO, INVOLVING PARCELS OF
LAND DESIGNATED AS ROAD LOTS, OPEN SPACES AND COMMUNITY
FACILITIES OF CENTENNIAL VILLAGE II, LOCATED AT BARANGAY ULA,
TUGBOK DISTRICT, THIS CITY, CONTAINING AN AREA OF 4,156 SQUARE
METERS, MORE OR LESS.

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

SIGNED BY THE SUB-COMMITTEE MEMBERS:

2

Item 313/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

Item 313/Committee on Rules, Privileges, Laws And Ordinances

HON. AL RYAN
Member

HON. LEAH A.
Member

Series of 2014

Republika ng Pilipinas
SANGGUNIANG PANLUNGSOD
Lungsod ng Dabaw
_____________________________________________________________________________________
RESOLUTION NO. __________
Series of 2014
A RESOLUTION TO ENACT AN ORDINANCE GRANTING LEGISLATIVE
AUTHORITY TO THE CITY MAYOR RODRIGO ROA DUTERTE TO SIGN FOR AND
IN BEHALF OF THE CITY GOVERNMENT OF DAVAO (CGD), THE DEED OF
DONATION EXECUTED BY SHELTER DEVELOPMENT COOPERATIVE IN FAVOR
OF THE CITY GOVERNMENT OF DAVAO, INVOLVING PARCELS OF LAND
DESIGNATED AS ROAD LOTS, OPEN SPACES AND COMMUNITY FACILITIES OF
CENTENNIAL VILLAGE II, LOCATED AT BARANGAY ULA, TUGBOK DISTRICT,
THIS CITY, CONTAINING AN AREA OF 4,156 SQUARE METERS, MORE OR
LESS.
WHEREAS, This pertains to the resolution to enact an ordinance granting
legislative authority to the City Mayor Rodrigo Roa Duterte to sign for and in behalf
of the City Government of Davao (CGD), the Deed of Donation Executed by Shelter
Development Cooperative in favor of the City Government of Davao, involving
parcels of land designated as road lots, open spaces and community facilities of
Centennial Village II, located at Barangay Ula, Tugbok District, this City, containing
an area of 4,156 square meters, more or less;
WHEREAS, Shelter Development Cooperative is a cooperative duly organized and
existing under the laws of the Philippines with business address at Davao City,
herein represented by its Chairman, Norman A. Sison, Filipino, of Legal Age, Married,
and a resident of Rolling Hills Subdivision, Bacaca, Davao City, hereinafter called the
Donor in favor of the City Government of Davao, herein represented by the City
Mayor, Rodrigo Roa Duterte;
WHEREAS, The City Legal Office duly reviewed the Item 313 and issued Legal
Opinion No. 76 Series of 2012, wherein, recommending for the passage of ordinance
authorizing the City Mayor to accept donation for and in behalf of the City;
WHEREAS, The Donor had secured Certificate of Completion from Housing and
land use Regulatory Board. The said Certificate is a requisite for the execution of the
Deed of Donation in favor of the City of Davao pursuant to Section 31 of PD 957 as
amended by PD 1216, the pertinent portion of which reads as follows:
Section 31. Roads, Alleys, Sidewalks and Open Spaces Upon their
completion as certified to by the Authority, the roads, alleys, sidewalk
and playgrounds shall be donated by the owner or developer to the
city of municipality and it shall be mandatory to the local
governments
to accept, provided, however that the open space
and playgrounds may be donated to the Homeowners Associations of the
project with the
consent of the city or municipality concerned. No
portion of the parks and
playgrounds donated thereafter shall be
converted to any other purpose
or purposes.;

WHEREAS, Prior to the execution of the Deed of Acceptance, the City Mayor needs
legislative authority to accept the donation for and in behalf of the City of Davao
pursuant to Section 455 (b) (vi) of RA 7160, otherwise known as the Local
Government Code, to quote:
Section 455. Chief Executive, Powers, Duties and Compensation;

Item 313/Committee on Rules, Privileges, Laws And Ordinances

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.;
WHEREAS, The named representative to sign for and in behalf of the City
Government of Davao is Rodrigo R. Duterte, the City Mayor;
WHEREAS, this committee recommends to grant the resolution to enact an
ordinance granting legislative authority to the City Mayor Rodrigo Roa Duterte to
sign for and in behalf of the City Government of Davao (CGD), the Deed of Donation
Executed by Shelter Development Cooperative in favor of the City Government of
Davao, involving parcels of land designated as road lots, open spaces and
community facilities of Centennial Village II, located at Barangay Ula, Tugbok
District, this City, containing an area of 4,156 square meters, more or less;
NOW THEREFORE, be it resolved as it is hereby resolved to enact an ordinance
granting legislative authority to the City Mayor Rodrigo Roa Duterte to sign for and
in behalf of the City Government of Davao (CGD), the Deed of Donation Executed by
Shelter Development Cooperative in favor of the City Government of Davao,
involving parcels of land designated as road lots, open spaces and community
facilities of Centennial Village II, located at Barangay Ula, Tugbok District, this City,
containing an area of 4,156 square meters, more or less;
RESOLVED FURTHER, that copies of this resolution to enact an ordinance 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 2014

Republika ng Pilipinas
SANGGUNIANG PANLUNGSOD
Lungsod ng Dabaw

Item 313/Committee on Rules, Privileges, Laws And Ordinances

ORDINANCE NO. _______

Series of 2014
AN ORDINANCE GRANTING LEGISLATIVE AUTHORITY TO CITY MAYOR
RODRIGO ROA DUTERTE TO SIGN FOR AND IN BEHALF OF THE CITY
GOVERNMENT OF DAVAO (CGD), THE DEED OF DONATION EXECUTED BY
SHELTER
DEVELOPMENT COOPERATIVE IN FAVOR OF THE CITY
GOVERNMENT OF DAVAO, INVOLVING PARCELS OF LAND DESIGNATED AS
ROAD LOTS, OPEN SPACES AND COMMUNITY FACILITIES OF CENTENNIAL
VILLAGE II, LOCATED AT BARANGAY ULA, TUGBOK DISTRICT, THIS CITY,
CONTAINING AN AREA OF 4,156 SQUARE METERS, MORE OR LESS.
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 THE CITY MAYOR RODRIGO ROA DUTERTE TO SIGN FOR AND IN
BEHALF OF THE CITY GOVERNMENT OF DAVAO (CGD), THE DEED OF DONATION EXECUTED
BY SHELTER DEVELOPMENT COOPERATIVE IN FAVOR OF THE CITY GOVERNMENT OF DAVAO,
INVOLVING PARCELS OF LAND DESIGNATED AS ROAD LOTS, OPEN SPACES AND COMMUNITY
FACILITIES OF CENTENNIAL VILLAGE II, LOCATED AT BARANGAY ULA, TUGBOK DISTRICT, THIS
CITY, CONTAINING AN AREA OF 4,156 SQUARE METERS, MORE OR LESS.;
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 executed by Shelter
Development Cooperative in favor of the City Government of Davao refers to parcels of land
designated as road lots, open spaces and community facilities of Centennial Village II, at
Barangay Ula, Tugbok District, Davao City;
SECTION 4. AUTHORITY The City Mayor Rodrigo Roa Duterte is hereby granted
legislative authority to sign, for and in behalf of the City Government of Davao, the Deed of
Donation Executed by Shelter Development Cooperative in favor of the City Government of
Davao, involving parcels of land designated as road lots, open spaces and community
facilities of Centennial Village II, located at Barangay Ula, Tugbok District, this City,
containing an area of 4,156 square meters, more or less;
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 313/Committee on Rules, Privileges, Laws And Ordinances