23 July 2018

VICTOR BILLONES
OIC, PENRO
DENR XI-2 TAGUM CITY
DAVAO DEL NORTE

IN RE: LEGAL COMMENT ON THE PROPRIETY OF THE ISSUANCE OF AN ORDER OF INVESTIGATION IN RELATION TO LGU OF IGACOS’
PROTEST OVER LOT NO.2, PLS 532-D

A PRODUCTIVE AND HAPPY MONDAY!

Sir:

Issuance of an Order of Investigation is appropriate.

The issuance of the Order of Investigation to Special

Investigator Mark Anthony Tocmo or any LIO is appropriate pursuant to
sections 3 1 , 4 2 , 5 3 and 6 4 of Department of Environment and Natural
Resources Order (DAO) 2016-31 in relation to section 23 5 of DAO 2016-
30.
In the case at bar, it is clear that the protestant LGU of
IGACOS, duly represented by its City Mayor Aldavid Uy, has complied
with DAO 2016-31 in relation to DAO 2016-30, prescribing the procedure
for the conduct of Alternative Dispute Resolution.
Firstly, the Protest was filed on 18 June 2018, which date is
within the fifteen days (15) reglementary period reckon from the
receipt by the protestant LGU-IGACOS of the Certificate of Failure to Settle,
before the CENRO Panabo that has jurisdiction over the subject land;
further, the said dispute has already been subjected to Alternative
Dispute Resolution as prescribed by DAO 2016-31.
Secondly, the subject Protest is, on its face and after
evaluation by the CENRO-Panabo, sufficient in form considering that
the same was accompanied by the following documents: (1)Verification
and Certification of Non-Forum Shopping; (2)Proof of payment of the
Protest fee; and (3) a recent 2x2 picture of the protestant LGU-
IGACOS’ representative Mayor Aldavid Uy.
Thirdly, a perusal of the facts and arguments in the said Protest
would excite the belief in a neutral and reasonable mind that same is
sufficient in substance considering that protestant has clearly
established its meritorious cause of action as evince by the attached

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Section 3. Commencement of Protest. All land claims and conflicts over unregistered and/or unpatented lands shall be commenced by filing a
verified protest by the claimant, aggrieved party xxx The protest shall be filed with the CENRO having jurisdiction over the subject land.
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Section 4. Formal Requirements of a Protest. The Protest shall be written in clear, simple, brief and concise language either in Filipino or
English and must contain the names of the parties, their addresses, the material allegations, the grounds relied upon, and the documentary and
other forms of evidence to support the allegations. The Protest must be accompanied by the following documents: a. Certificate to file action from
the barangay concerned, if applicable; b. Verification and Certification of Non-Forum Shopping; c. Proof of payment of the Protest fee; and d. A
recent 2x2 picture of the protestant and his or her duly authorized representative and the subject lot/s. The protest and its supporting documents
must be filed in three (3) copies.
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Section 5. Evaluation. The CENRO shall determine within one (1) day from receipt of the Protest whether the same is in due form and is within
those contemplated in Section 4 of this Order. If in due form, the CENRO shall return the protest and inform the protestant in writing of the
deficiencies in the formal requirements for compliance. The protestant shall have a non-extendible period of fifteen (15) days within which to comply
with the aforesaid requirements. In case of non-compliance, the protest shall be dismissed without prejudice. The protestant shall be notified
thereof in writing.
4
Section 6. Order of Investigation. If the Protest is sufficient in form and in substance, the PENRO shall, within three (3) days from receipt
thereof, issue and Order of Investigation addressed to the CENRO or to a designated LIO. The Order of Investigation issued by the PENRO shall
contain the assignment of the case to an LIO from the PENRO or the CENRO, as the case may be, for the conduct of the actual investigation, ocular
inspection and preparation of the report.
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Section 23. Failure of ADR. If the parties do not arrive at a settlement, the ADR officer shall draft an Order for the approval of his/her immediate
supervisor stating therein the failure of ADR and advising the parties to file Protest or recommending for the conduct of an investigation to settle
the conflict. The records shall be returned to the Land Management Officer for custody and safekeeping.

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Deed of Donation, and the indispensable parties have been properly
impleaded.
THEREFORE, in view of the foregoing, the issuance of an Order of
Investigation is proper.
X-------------------------------X
COMMENT ON THE ISSUE OF WHETHER THE SUBJECT DEED OF DONATION IS NOT
ABSOLUTE.
The Protestant, as one of its arguments in its Protest, has
argued:
“xxx The subject lot where the present Davao del Norte Hospital-Samal Zone
is located, was donated by the Municipality of Peñaplata in 1976 to the
Department of Health. However, the donation is not absolute, it was burdened with
condition when it included in the contract the provisions, as stated: “the DONEE
cannot sell, alienate, exchange, mortgage, or in any manner encumber the
property without prior consent of the DONOR.”
The condition is very clear, NO TRANSFER OR ALIENATION OF THE
PROPERTY UNLESS WITH THE PRIOR CONSENT OF THE DONOR. xxx”
The pertinent provision of the Deed of Donation, to which
the protestant has based its argument, provides:
xxx
That for and consideration of the high esteem and gratitude in which the DONOR
holds the DONEE, particularly, in making it possible, the opening of the long-for-
sought Samal Emergency Hospital, in this Municipality, the DONOR does, by
these presents, hereby convey by way of Donation, unto the said DONEE, its
assigns and successors-in-interest, the above-described property, together with all
the improvements thereon, free from all liens and encumbrances, subject to the
conditions and reservations herein set forth:
That the DONEE shall, within the period of three years, fully implement the
Twenty Five (25) bed capacity Emergency Hospital this Municipality, as
authorized under the General Appropriation Act 1974-1975, PD 503; and
meanwhile (emphasis supplied) the DONEE cannot sell, alienate, exchange, mortgage, or
in any manner encumber the property without the prior consent of the DONOR.
That the DONOR reserves the right to recover the property upon failure of the
DONEE to meet the terms and conditions above-set forth and/or any violation
thereof;
xxx
It is worthy to stress that the protestant, in quoting the
pertinent provisions of the subject Deed of Donation, has omitted the
key words “That the DONEE shall, within the period of three years, fully implement the Twenty
Five (25) bed capacity Emergency Hospital“ and “and meanwhile.“ Perhaps, in order
to bolster and convey the quite incorrect idea or impression that the
donation is NOT absolute.
A neutral and fair statutory construction/interpretation of the
entirety of the subject Deed of Donation would suggest that the Deed
of Donation has become absolute upon compliance by the DONEE, then
Ministry of Health, of the condition therein, that is, fully
implementing a twenty five (25) bed capacity Emergency Hospital over
the subject land in the Municipality.
THEREFORE, in view of the above, the protestant LGU-IGACOS’
contention that the subject Deed of Donation is NOT absolute is
doubtful and disputable; corollary, the contention that NO TRANSFER OR
ALIENATION OF THE PROPERTY MAY BE HAD UNLESS WITH THE PRIOR CONSENT OF
THE DONOR is likewise debatable.

Respectfully,

Atty. Jonathan P. Uy

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Page 3 of 2
Section 3. Commencement of Protest. All land claims and conflicts over
unregistered and/or unpatented lands shall be commenced by filing a
verified protest by the claimant, aggrieved party xxx
The protest shall be filed with the CENRO having jurisdiction over the
subject land.

Section 4. Formal Requirements of a Protest. The Protest shall be

written in clear, simple, brief and concise language either in
Filipino or English and must contain the names of the parties, their
addresses, the material allegations, the grounds relied upon, and the
documentary and other forms of evidence to support the allegations.
The Protest must be accompanied by the following documents:
a. Certificate to file action from the barangay concerned, if
applicable;
b. Verification and Certification of Non-Forum Shopping;
c. Proof of payment of the Protest fee; and
d. A recent 2x2 picture of the protestant and his or her duly
authorized representative and the subject lot/s.
The protest and its supporting documents must be filed in three (3)
copies.
Section 5. Evaluation. The CENRO shall determine within one (1) day
from receipt of the Protest whether the same is in due form and is
within those contemplated in Section 4 of this Order. If in due form,
the CENRO shall return the protest and inform the protestant in
writing of the deficiencies in the formal requirements for compliance.
The protestant shall have a non-extendible period of fifteen (15) days
within which to comply with the aforesaid requirements. In case of
non-compliance, the protest shall be dismissed without prejudice. The
protestant shall be notified thereof in writing.
Section 6. Order of Investigation. If the Protest is sufficient in
form and in substance, the PENRO shall, within three (3) days from
receipt thereof, issue and Order of Investigation addressed to the
CENRO or to a designated LIO. The Order of Investigation issued by the
PENRO shall contain the assignment of the case to an LIO from the
PENRO or the CENRO, as the case may be, for the conduct of the actual
investigation, ocular inspection and preparation of the report.

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