Republic of the Philippines

CITY OF DAVAO
Office of the City Council

COMMITTEE ON RULES, PRIVILEGES, LAWS AND ORDINANCES

COMMITTEE REPORT ON ITEM NO. 950

PROPOSED MEMORANDUM OF AGREEMENT TO BE ENTERED
INTO BY AND BETWEEN THE CITY GOVERNMENT OF DAVAO AND
THE HEIRS OF RAFAEL CASTILLO AND GUADALUPE CASTILLO,
REPRESENTED BY ATTY. ANTONIO C. CABREROS, JR.,
ATTORNEY-IN-FACT, RELATIVE TO THE DONATION OF A REAL
PROPERTY LOCATED AT MA-A, THIS CITY, IN FAVOR OF THE CITY
GOVERNMENT OF DAVAO FOR RELOCATION PURPOSES.
Background
1. This pertains to a proposed memorandum of agreement to be entered into by
and between the City Government of Davao and the Heirs of Rafael and
Guadalupe Castillo, represented by Atty. Antonio C. Cabreros, Jr., Attorney-inFact, relative to the donation of a real property located in Ma-a. The purpose for
this donation is to use the property as relocation site in line with the City
Governments social housing program.
Highlights
2. This matter was the subject of three (3) committee hearings, ocular inspection
including a public dialogue with the informal settlers.
3. The Heirs of Rafael and Guadalupe Castillo are the owners of parcels of land
located at Maa, Davao City covered by Original Certificate of Title (OCT) No. O337 with an area of Fifty-Seven Thousand Five Hundred Ninety-Two (57,592)
square meters, more or less, and Original Certificate of Title (OCT) No. O-335
with an area of Forty-One Thousand Six Hundred Sixty-Two (41,662) square
meters, more or less.
4. The proposal of the Heirs of Castillo is to donate the property covered by OCT
No. O-335 to the City Government of Davao to be used as relocation site mainly
for the informal settlers of Lot 337 as well as those already in Lot 335. The City
Government of Davao, through the City Planning and Development Office, will
assist in the subdivision and land titling of Lot 335.
5. The Heirs of Castillo also undertake to donate the existing ten (10)-meter road
(known as Gold Street) which traverses through Lot 337.
6. Furthermore, the Heirs of Castillo will donate the portion of Lot 337 which serves
as an access road to Lot 335. This access road is approximately six (6)-meters
wide.
7. The properties in question are accretions. The Heirs of Castillo filed an action in
court for application for land registration. In 1997, this was granted by the court
which adjudicated co-ownership to the heirs. The decision subsequently became
final and executory.

Item 950/Committee on Rules, Privileges, Laws And Ordinances

8. Upon the other hand, the informal settlers of the area formed an association
named United Businas Muslim Christian Neighborhood Association of San Rafael
(UBMCNA). The officers of the association are the following: President Hadji
Pandadagan, Vice President Eustaquio Ciabo, Secretary Ma. Elsa Grealvo, and
Treasurer Sanny Catucag.
9. The main argument of the informal settlers is that the land they are currently
occupying is not the same one covered by the title of the Heirs of Castillo.
10.Punong Barangay Roderico Llubit informed the committee that dialogues were
conducted by the City Engineers Office as well as the Barangay Council. Such
dialogues, however, failed.
11.The Chairperson of the Committee then recommended that a survey be done by
the City Engineers Office together with the Geodetic Engineer of UBMCNA. The
two parties agreed to abide by the outcome of such survey.
12.Upon ocular inspection of the team of Engr. Tolentino of the City Engineers
Office, they found that the informal settlers showed signs of resisting the survey.
They realized that they will be endangering their lives if they were to go through
with the survey so they deferred it. Until now, no survey can be done because
the crew from the City Enginieers Office was denied access to the area.
13.UBMCNA, for their part, also has not commissioned a Geodetic Engineer to
perform the survey due to lack of funds. Hence, no survey has been done.
14.Japar Pandadagan et al objected to the proposed MOA. They live on a portion of
Lot 337. They claim that they had an agreement with Peter Cabreros, one of the
Castillo heirs, wherein the property they are occupying at present was donated
to them as a relocation site. However, they hold no title to the property nor do
they have a deed of donation. As proof, they submitted a subdivision plan
(relocation site of Portion of Lot 1, Psu 241601) prepared July 6, 1995 by Eng.
Danilo S. Engracia.

Recommendation
15.This Committee recommends that a resolution be passed to enact an
ordinance granting legislative authority to the City Mayor to sign for and in
behalf of the City Government of Davao the Memorandum of Agreement to
be entered into by and between the City Government of Davao and the Heirs
of Rafael and Guadalupe Castillo, represented by Atty. Antonio C. Cabreros,
Jr., Attorney-in-Fact, relative to the donation of a real property located in Maa.

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

Item 950/Committee on Rules, Privileges, Laws And Ordinances

SIGNED BY THE SUB-COMMITTEE MEMBERS:

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

Item 950/Committee on Rules, Privileges, Laws And Ordinances

HON. AL RYAN
Member

HON. LEAH A.
Member

____ Regular Session

Series of 2015

Republika ng Pilipinas
SANGGUNIANG PANLUNGSOD
Lungsod ng Dabaw
_____________________________________________________________________________________
RESOLUTION NO. __________
Series of 2015
A RESOLUTION TO ENACT AN ORDINANCE GRANTING LEGISLATIVE
AUTHORITY TO THE CITY MAYOR TO SIGN FOR AND IN BEHALF OF THE CITY
GOVERNMENT OF DAVAO THE MEMORANDUM OF AGREEMENT TO BE
ENTERED INTO BY AND BETWEEN THE CITY GOVERNMENT OF DAVAO AND
THE HEIRS OF RAFAEL AND GUADALUPE CASTILLO, REPRESENTED BY ATTY.
ANTONIO C. CABREROS, JR., ATTORNEY-IN-FACT, RELATIVE TO THE
DONATION OF A REAL PROPERTY LOCATED IN MA-A.
WHEREAS, this pertains to the resolution to enact an ordinance granting legislative
authority to the City Mayor to sign for and in behalf of the City Government of
Davao memorandum of agreement to be entered into by and between the City
Government of Davao and the Heirs of Rafael and Guadalupe Castillo, represented
by Atty. Antonio C. Cabreros, Jr., Attorney-in-Fact, relative to the donation of a real
property located in Ma-a.
WHEREAS, the Heirs of Rafael and Guadalupe Castillo are the owners of parcels of
land located at Maa, Davao City covered by Original Certificate of Title (OCT) No. O337 with an area of Fifty-Seven Thousand Five Hundred Ninety-Two (57,592) square
meters, more or less, and OCT No. O-335 with an area of Forty-One Thousand Six
Hundred Sixty-Two (41,662) square meters, more or less. These properties are
currently being occupied by informal settlers;
WHEREAS, the proposal of the Heirs of Castillo is to donate the property covered
by OCT No. O-335 to the City Government of Davao to be used as relocation site
mainly for the informal settlers of Lot 337 as well as those already in Lot 335. The
City Government of Davao, through the City Planning and Development Office, will
assist in the subdivision and land titling of Lot 335. The Heirs of Castillo also
undertake to donate a portion of their property that is being used as part of the
public road which traverses through Lot 337;
WHEREAS, the property in question is an accretion. The Heirs of Castillo filed an
action in court for application for land registration. In 1997, this was granted by the
court which adjudicated co-ownership to the heirs. The decision subsequently
became final and executor;
WHEREAS, the informal settlers of the area formed an association named United
Businas Muslim Christian Neighborhood Association of San Rafael (UBMCNA). The
main argument of the informal settlers is that the land they are currently occupying
is not the same one covered by the title of the Heirs of Castillo;
WHEREAS, the Chairperson of the Committee then recommended that a survey be
done by the City Engineers Office together with the Geodetic Engineer of UBMCNA.
The two parties agreed to abide by the outcome of such survey;
WHEREAS, upon ocular inspection of the team of Engr. Rostan Tolentino of the City
Engineers Office, they found that the informal settlers showed signs of resisting the
survey. They realized that they will be endangering their lives if they were to go
through with the survey so they deferred it. Until now, no survey can be done
because the crew from the City Engineers Office was denied access to the area;
WHEREAS, UBMCNA, for their part, has not commissioned a Geodetic Engineer to
perform the survey due to lack of funds. Hence, no survey has been done;
4

Item 950/Committee on Rules, Privileges, Laws And Ordinances

NOW THEREFORE, be it resolved as it is hereby resolved that a resolution to enact

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 Memorandum of
Agreement to be entered into by and between the City Government of Davao and
the Heirs of Rafael and Guadalupe Castillo, represented by Atty. Antonio C.
Cabreros, Jr., Attorney-in-Fact, relative to the donation of a real property located in
Ma-a.
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, the Heirs of Rafael and Guadalupe Castillo 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
SANGGUNIANG PANLUNGSOD
Lungsod ng Dabaw

Item 950/Committee on Rules, Privileges, Laws And Ordinances

ORDINANCE NO. _______

Series of 2015
AN ORDINANCE GRANTING LEGISLATIVE AUTHORITY TO CITY MAYOR
RODRIGO ROA DUTERTE TO SIGN FOR AND IN BEHALF OF THE CITY
GOVERNMENT OF DAVAO THE MEMORANDUM OF AGREEMENT TO BE
ENTERED INTO BY AND BETWEEN THE CITY GOVERNMENT OF DAVAO AND
THE HEIRS OF RAFAEL AND GUADALUPE CASTILLO, REPRESENTED BY ATTY.
ANTONIO C. CABREROS, JR., ATTORNEY-IN-FACT, RELATIVE TO THE
DONATION OF A REAL PROPERTY LOCATED IN MA-A.
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 ROA DUTERTE TO
SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF DAVAO THE
MEMORANDUM OF AGREEMENT TO BE ENTERED INTO BY AND BETWEEN THE CITY
GOVERNMENT OF DAVAO AND THE HEIRS OF RAFAEL AND GUADALUPE CASTILLO,
REPRESENTED BY ATTY. ANTONIO C. CABREROS, JR., ATTORNEY-IN-FACT, RELATIVE
TO THE DONATION OF A REAL PROPERTY LOCATED IN MA-A.
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. MEMORANDUM OF AGREEMENT The purpose for the
memorandum of agreement is to donate the property covered by Original
Certificate of Title No. O-335 to be used as relocation site in line with the City
Governments social housing programs.
SECTION 4. AUTHORITY The City Mayor Rodrigo R. Duterte is hereby
granted legislative authority to sign, for and in behalf of the City Government of
Davao, the Memorandum of Agreement relative to the donation to be made by the
Heirs of Rafael and Guadalupe Castillo over the property in Maa.
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 950/Committee on Rules, Privileges, Laws And Ordinances