Republic of the Philippines

CITY OF DAVAO
Office of the City Council

COMMITTEE ON RULES, PRIVILEGES, LAWS AND ORDINANCES

COMMITTEE REPORT ON ITEM NO. 934

LETTER OF PB JAMES C. SALVADOR, BARANGAY BUHANGIN
PROPER, BUHANGIN DISTRICT, THIS CITY, RELATIVE TO THE
OFFER TO PURCHASE THE PROPERTY COVERED BY TCT NO. T289564 UNDER THE NAME OF INSULAR DEVELOPMENT CO.,
INC. (IDC).
Background
1. This pertains to the letter of PB James C. Salvador of Barangay Buhangin Proper,
Buhangin District, this City, relative to the offer to purchase the property covered
by TCT No. T-289564 under the name of Insular Development Co., Inc. (IDC, for
brevity.)
Highlights
2.

The property in question is a 1,443 square meter lot which has been fully
occupied by Barangay Building Structures (such as the Barangay Hall, District
Hall, Fire Department and Multi-Purpose Covered Gym) for 30 years.

3. In 1974, the owner of IDC promised the Punong Barangay that it will donate the
property in favor of the Barangay. However, this was made only verbally.
4. Meanwhile, a series of follow-ups were made in behalf of the Barangay by the
succeeding Punong Barangay but their efforts were unsuccessful as no Deed of
Donation was executed.
5.

In late 1987, the National Housing Authority (NHA) made census tagging of
actual lots occupant on the land which came up with the selling price of Sixty
Pesos (Php60) per square meter.

6.

In connection with the promise to donate, Atty. Leonido C. Delante, The

Administrator and Legal Counsel of IDC in Davao City, required the then Punong
Barangay Claudia C. Salvador to submit documents. Those documents were
duly submitted in 2001.

7.

In January 2009, the IDC Administrator for Davao requested the Punong
Barangay for assistance to enhance their collection of the 27 homeowners with
Comrpomise Sales Agreements (CSA.) Barangay assistance was duly extended
and a dialogue to all concerned CSA holders and Atty. Leonido C. Delante, Sr. was
conducted on January 13, 2009. It was agreed that payments be updated at IDCDavao Office.

8.

From 2009 to 2011, there were no updates on the matter because the
Administrator of IDC could not be reached.

9.

In January 2013, Mr. Leonido Delante, Jr. and Atty. Rizal Gierran notified the
Barangay that they were the new IDC Administrators. They further expressed
that the new Board of IDC decided to sell the property. The Barangay, in turn,
informed the Administrators that official tender to sell should be made and that
it must not be above the BIR Zonal Value of year 2002 for the Barangay Council
to take it up in session. Thereafter, no further communication was made by IDC.
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Item 457/Committee on Rules, Privileges, Laws And Ordinances

10.

After a frustratingly long wait, the Barangay Council, in session, decided to

expropriate the lot per verbal advice of the City Mayor Rodrigo R. Duterte. A
formal request for expropriation assistance to the City Mayor and the Vice Mayor
was submitted on August 9, 2013.

11.

The Sanggunian Panlungsod subsequently passed Resolution No. 0316-13,

Series of 2013 wherein the Sanggunian resolved to request the City Mayor to
direct the City Legal Office to provide legal Assistance to the Barangay Council of
Barangay Buhangin Proper in the expropriation proceedings on the One
Thousand Four Hundred Forty-Three (1,443) square meter lot covered by TCT No.
T-289564 where the Barangay Structures are erected.
Recommendation

11. 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 TO SIGN FOR AND IN BEHALF OF THE
CITY GOVERNMENT OF DAVAO (CGD), THE RENEWAL OF THE
MAINTENANCE AND SERVICE CONTRACT BETWEEN INTERNATIONAL
ELEVATOR & EQUIPMENT, INC. AND THE CITY GOVERNMENT OF DAVAO
FOR ONE (1) UNIT MITSUBISHI ELEVATOR INSTALLED AT THE
SANGGUNIANG PANLUNGSOD BUILDING COVERING THE PERIOD OF
SEPTEMBER 1, 2013 TO AUGUST 31, 2014.

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

SIGNED BY THE SUB-COMMITTEE MEMBERS:

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Item 457/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 457/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 TO SIGN FOR AND IN BEHALF OF THE CITY
GOVERNMENT OF DAVAO (CGD), THE RENEWAL OF THE MAINTENANCE AND
SERVICE CONTRACT BETWEEN INTERNATIONAL ELEVATOR & EQUIPMENT,
INC. AND THE CITY GOVERNMENT OF DAVAO FOR ONE (1) UNIT MITSUBISHI
ELEVATOR INSTALLED AT THE SANGGUNIANG PANLUNGSOD BUILDING
COVERING THE PERIOD OF SEPTEMBER 1, 2013 TO AUGUST 31, 2014.
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 (CGD), the renewal of the maintenance and service contract between
International Elevators & Equipment, Inc. and the City Government of Davao in
relation to one (1) unit Mitsubishi Elevator;
WHEREAS, the one (1) unit Mitsubishi Elevator is already installed at the
Sangguniang Panlungsod Building;
WHEREAS, the maintenance and service contract under consideration is for the
period of September 1, 2013 to August 31, 2014;
WHEREAS, International Elevators & Equipment Inc. already performed the
services under the contract and is now awaiting the payment for said services;
WHEREAS, this committee recommends to grant the resolution enacting an
ordinance granting legislative authority to the City Mayor Rodrigo R. Duterte to sign
for and in behalf of the City Government of Davao (CGD), the renewal of the
maintenance and service contract between International Elevator & Equipment, Inc.
and the City Government of Davao in relation to one (1) unit Mitsubishi Elevator;
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 (CGD), the renewal of the
maintenance and service contract between International Elevator & Equipment, Inc.
and the City Government of Davao in relation to one (1) unit Mitsubishi Elevator for
the period of September 1, 2013 to August 31, 2014;
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.

17th Legislative Body

____ Regular Session
Series of 2014

DR. BERNARD E. AL-AG

Floor Leader, 17th Council
Sangguniang Panlungsod
Davao City

Item 457/Committee on Rules, Privileges, Laws And Ordinances

Republika ng Pilipinas
SANGGUNIANG PANLUNGSOD
Lungsod ng Dabaw

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 RENEWAL OF THE MAINTENANCE AND
SERVICE CONTRACT BETWEEN INTERNATIONAL ELEVATOR & EQUIPMENT,
INC. AND THE CITY GOVERNMENT OF DAVAO FOR ONE (1) UNIT MITSUBISHI
ELEVATOR INSTALLED AT THE SANGGUNIANG PANLUNGSOD BUILDING
COVERING THE PERIOD OF SEPTEMBER 1, 2013 TO AUGUST 31, 2014.
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
RENEWAL OF THE MAINTENANCE AND SERVICE CONTRACT BETWEEN
INTERNATIONAL ELEVATOR & EQUIPMENT, INC. AND THE CITY GOVERNMENT OF
DAVAO FOR ONE (1) UNIT MITSUBISHI ELEVATOR INSTALLED AT THE SANGGUNIANG
PANLUNGSOD BUILDING COVERING THE PERIOD OF SEPTEMBER 1, 2013 TO AUGUST
31, 2014;
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. MAINTENANCE AND SERVICE CONTRACT The renewal of
the Mitsubishi Elevator Maintenance and Service Contract refers to the instrument
to be executed by the City Government of Davao and the International Elevator and
Equipment, Inc., relative to the maintenance of the Mitsubishi Elevator at the
Sangguniang Panlungsod Building, Davao City;
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 Renewal of Mitsubishi Elevator Maintenance and Service Contract
relative to the Mitsubishi Elevator at the Sangguniang Panlungsod Building, Davao
City;
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.
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Item 457/Committee on Rules, Privileges, Laws And Ordinances

Item 457/Committee on Rules, Privileges, Laws And Ordinances