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Sir:
The aforementioned draft Code will promote and pursue not only the City
Governments role in enacting and enforcing the laws, ordinances and decrees
concerning the use, protection, development and conservation of the environment
but will also increase active participation of the people of Tagum City to ensure
equitable sharing of the benefits derived therefrom for the welfare of the present
and future generations.
Viewed in the light of law and current situation of the world, the herein
undersigned finds the draft ordinance to be in order and in pursuance with PD No.
1152 or the Philippine Environment Code of the Philippines and other pertinent
laws.
Thank you.
Submitted for review is the Barangay Ordinance No. 003, S-2014 naming
the road going to the Barangay Hall of Barangay Magugpo East from the junction
of another road going to the old LTO building in Purok Tipaz as Barangay Hall
Republic of the Philippines
Province of Davao del Norte
CITY OF TAGUM
OFFICE OF THE CITY LEGAL OFFICER
Avenue and Barangay Ordinance No. 004, S-2014 changing the name of
PurokTalisay to Purok Alberto Ramos.
Respectfully submitted.
, . It willy for public use/ PUBLIC DOMINION then the same might not
be donated.
But after examining the attached files, there was no mention of whether the
subject parcel of land is a property for public use or a patrimonial property. In line
with this matter, it would be safe to suggest that instead of executing a deed of
donation,you may execute a DEED OF USUFRUCT in favor of Tagum City
Federation of Barangay Tribal Council, Inc. (TCFBCI).
Under the Civil Code ,USUFRUCT gives a right to enjoy the property of
another for a certain period of time with the obligation of preserving its form and
substance, or subject to the conditions imposed by the owner of the property.
With this, upon examining, the intent and goal of TCFBCIto preserve and
promote our cultural heritage will not be affected if a DEED of USUFRUCT is
Republic of the Philippines
Province of Davao del Norte
CITY OF TAGUM
OFFICE OF THE CITY LEGAL OFFICER
executed instead of a DEED of DONATION, also not abridging the Citys
properties.
December 10 , 2013
Sir:
After thorough examination, the subject Deed of Usufruct between the City
Government of Tagum and the Tagum City Federation of Barangay Tribal Council
(TCFBTC) is in conformity and in accordance with law.
Hence the undersigned recommends that the City Mayor in behalf of the
Local Government of Tagum, may sign the Deed of Usufruct , subject to his full
discretion.
ISSUED this 17th day of December, 2013 at Tagum City, Davao del
Norte, Philippines.
Sir:
ATTY. ARMANDO L.
SERAS
City Legal Officer