Subject: Request of Spouses Fredel Liban Salvador and Menalyn G.

Aquino-
Salvador for an easement of road right-of-way on TCT No. T-100930

Particular: At least three (3) meters wide road right-of way (ROW) of around
twelve (12) meters from the barangay road.

Location of the subject lot: Barrio Curifang, Solano as per TCT (but actually it
is still Barrio Bagahabag because it is located in a boundary of Bagahabag and
Curifang)

Property involved:
Originally: Public Land owned by the Municipal Government of Solano as
covered by the foregoing Transfer of Certificate of Title
Present occupant: Family of Beatriz R. Sanchez, a recipient of the said lot
donated by the Municipal Government of Solano (MGS) sometime during the
watch of Hon. Heraldo Dacayo as Municipal Mayor.

Other property involved:

The lot now occupies by Spouses Salvador because it is adjacent lot
owned by the MGS.

Facts:
The said spouses presently occupy a parcel of lot, a private lot, covered
originally by TCT No. 69164 owned by Adelaida Sumangil. It was subdivided
and portion of which was sold to Spouses Francis Manolo and Isabel Velasco.
The latter spouses then sold the same to Mrs. Ana Rose Tiongson Reyes, a
widow, where a new Certificate of Title No. T-156266 was issued. After
sometime, Mrs. Reyes sold the subject parcel of lot to Spouses Salvador.

Because of the ardent desire of the Spouses Salvador to have a place of

abode which they wish to stay for the rest of their life because of their growing
family, they have decided to purchase the said lot with a house. In order to
finance the purchase of the house and lot, Mr. Fredel Salvador being a
NUVELCO employee while Ms. Menalyn Aquino is a teacher by profession at
Solano High School availed for a housing loan with PAG-IBIG.

One of the findings of the PAG-IBIG was that the neighboring lot occupied
by the Spouses Salvador is a public land owned by the Municipal Government
and a road right-of-way is existing of around three (3) meters wide with a length
of twelve (12) meters from the barangay road leading to the private lot. The road
ROW is now in existence for quite long years and is openly, notoriously,
adversely and publicly used by the neighboring houses as an immediate access
way. However, there is no showing that there was any document where the
government allows a right-of-way on the said lot.

Unless the municipal government would allow and attest that indeed there
is a road ROW, the loan application would be approved by the PAG-IBIG
otherwise they are forever barred from availing of a housing loan.

The approval by the Municipal Government of Solano would not in any way
prejudice the government nor deprive of its property because the same was
already awarded to the family of Beatriz Reyes Sanchez by the former Mayor,
Hon. Heraldo Dacayo, but because of poverty, the family of Mrs. Sanchez failed
to cause the transfer of the said lot into their name; hence, the title is still in the
name of the Municipal Government of Solano.

If only the family of Mrs. Sanchez had caused the immediate transfer of the
title in their name, the Spouses should not have taken the cudgel of requesting
the MGS of an authorization or any legal documents granting road ROW. The
Spouses Salvador should have asked the family of Mrs. Beatriz instead.

Further, the MPDO/Engineering Office has already conducted an actual

survey on the subject lot and could attest to the existence of the road ROW.
Likewise, the Real Property Tax of the lot occupied by the Spouses Salvador is
up-to-date and settled last Jan 12, 2010 covered by OR No. 0007579.

Conclusion:
The Municipal Mayor, Hon. Philip A. Dacayo, be authorized by the
Honorable Members of the Sanggunian Bayan, to execute an affidavit or any
legal document/s allowing a road ROW leading to the subject lot now occupied
by the Spouses Salvador.

The authority allowed by jurisprudence/law is thru a resolution adopted by

the August Body of the Sanggunian Bayan with the title:

A Resolution authorizing Hon. Philip A. Dacayo, Municipal Mayor of

Solano, this province, to execute an affidavit or any legal documents
attesting that a road ROW exists on the subject property and requesting
the Registry of Deeds of Nueva Vizcaya to annotate the said encumbrance
on the Transfer Certificate of Title No. T-100930.

Other documents that will substantiate the foregoing request:

1. Affidavit of Hon. Jose B. Corpuz, Sr., Brgy. Captain of Brgy.
Bagahabag, attesting to the existence of the Barangay Road
2. Affidavit of Ana Rose T. Reyes attesting that an access road is existing
at CTC No. T-156266
3. Sketch map drawned by the MPDO/Engineering Office on the existence
of the road ROW
4. A document signed by Mrs. Beatriz R. Sanchez attesting that a road
ROW exist. The said document is not yet notarized
5. Letter request of Mrs. Salvador
6. Photocopy of TCT No. T-100930
A RESOLUTION AUTHORIZING HON. PHILIP A. DACAYO, MUNICIPAL
MAYOR OF SOLANO, THIS PROVINCE, TO EXECUTE AN AFFIDAVIT OR
ANY LEGAL DOCUMENT/S ATTESTING THAT A ROAD RIGHT-OF-WAY
EXISTS ON THE PROPERTY COVERED BY TRANSFER CERTIFICATE OF
TITLE NO. T-100930 AND REQUESTING THE REGISTRY OF DEEDS OF
NUEVA VIZCAYA TO ANNOTATE THE SAID ENCUMBRANCE ON THE SAID
TITLE.

Whereas, forwarded to the Sanggunian Bayan thru the Office of the

Municipal Vice Mayor/Presiding Officer was an endorsement from the Municipal
Mayor, Hon. Philip A. Dacayo, to take appropriate action on the letter of Mr.
Fredel L. Salvador of Brgy. Roxas, this municipality, requesting the Municipal
Government of Solano to allow, thru a public document, to annotate on TCT No.
T-100939 an encumbrance that a three (3) meters wide road ROW with a twelve
(12) meters length be effected;

Whereas, the subject lot originally belongs to the Municipal Government

but was awarded to the family of Beatriz R. Sanchez by the former Mayor, Hon.
Heraldo D. Dacayo. However, the former failed to register the said title in her
name because of lack of financial resources;

Whereas, as could be vividly gleaned from the letter of Mr. Salvador, the
encumbrance on the said government property will neither harm the government
nor prejudice its interest because the same was already awarded to a deserving
recipient;

Whereas, the August Body of the Sanggunian Bayan is sanctioned by law

and jurisprudence to authorize the Municipal Chief Executive, Hon. Philip A.
Dacayo, to sign and/or execute in behalf of the Municipal Government the
needed document/s;

Whereas, the subject piece of legislation would not neither inflict harm to
the government nor prejudice its interest but rather redound to the general
welfare of the public more particularly the neighboring residence thereat;

Whereas, after a thorough discussion on the foregoing, the body finds the
same in order;

NOW THEREFORE, on unanimous motion by Hon. Michael Tiongson and

seconded by _______________, it was - -

RESOLVED, as it is hereby RESOLVED to AUTHORIZE HON. PHILIP A.

DACAYO, MUNICIPAL MAYOR OF SOLANO, THIS PROVINCE, TO EXECUTE
AN AFFIDAVIT OR ANY LEGAL DOCUMENT/S ATTESTING THAT A ROAD
ROW EXISTS ON THE PROPERTY COVERED BY TRANSFER CERTIFICATE
OF TITLE NO. T-100930 AND REQUESTING THE REGISTRY OF DEEDS OF
NUEVA VIZCAYA TO ANNOTATE THE SAID ENCUMBRANCE ON THE SAID
DOCUMENT.