Republic of the PhilippinesCITY OF DAVAO

Office of the City Council_________________________________________________________________________________

SUB-Committee on Housing and Subdivision DevelopmentUNDER BP 22,Medium-end ProjectsCOMMITTEE REPORT on Item No. 906REQUEST OF MR. BENJIE JOSE DIMAUNAHAN, AUTHORIZED REPRESENTATIVE OF DAVAO LIGHT AND POWER COMPANY, FOR THE PASSAGE OF SP RESOLUTION FOR THE CANCELLATION OF ENCUMBRANCE ANNOTATED ON TRANSFER CERTIFICATE OF TITLE NO. T-41824 REGISTERED IN THE NAME OF DONATO FABROS, FOR APPROPRIATE ACTION OF THE BODY.BACKGROUND

This pertains to the letter from Davao Light and Power Company requesting the cancellation of encumbrance annotated on Transfer Certificate of Title No. T-41824 covering a parcel of land, located at Barangay Ma-a, Talomo District, Davao City, and containing an area of EIGHT HUNDRED THIRTY NINE (839) Square Meters;

Annotated on the abovementioned title is the following encumbrance:EXCEPT IN FAVOR OF THE GOVERNMENT OR ANY OF ITS BRANCHES, UNITS, OR INSTITUTIONS, LAND ACQUIRED UNDER THE PROVISIONS OF THIS ACT OR ANY PERMANENT IMPROVEMENT THEREON SHALL NOT BE SUBJECT TO ENCUMBRANCE OR ALIENATION FROM THE DATE OF THE AWARD OF THE LAND AND/OR THE IMPROVEMENTS THEREON AND FOR A TERM OF TEN YEARS FROM AND AFTER THE DATE OF ISSUANCE OF THE CERTIFICATE OF TITLE, NOR SHALL THEY BECOME LIABLE TO THE SATISFACTION OF ANY DEBT CONTRACTED PRIOR TO THE EXECUTION OF SUCH PERIOD.HIGHLIGHTS

The subject property is registered in the name of Donato D. Fabros and the land title was issued on November 26, 1973 with the aforementioned annotation.The property was conveyed to Davao Light and Power Company by virtue of a Deed of Absolute Sale executed by Donato D. Fabros, Sr. dated June 19, 2014 ratified before the notary public of Atty. Sherwin Ma. V.C. Quilatan.

The applicant manifested that the ten (10) year prohibitory period had long been expired.

RECOMMENDATIONS The Committee recommends to grant the request of Mr. Benjie Jose Dimaunahan, for the cancellation of the annotation contained in Transfer Certificate of Title No. T-41824;

RESPECTFULLY SUBMITTED this __ day of December 2014, Davao City, Philippines.

SIGNED BY THE SUB-COMMITTEE MEMBERS:

Sub-Committee on Housing and Subdivision Development under B.P. 220 (Medium-End Projects)HON. VICTORIO U. ADVINCULA, JR.

Chairperson, Sub-Committee on Housing and Subdivision Development

under BP 220 (Medium-End Projects)HON. MARISSA P. SALVADOR-ABELLAHON. ANTOINETTE G. PRINCIPE-CASTRODES

Vice-Chairperson

MemberHON. BERNARD E. AL-AG

Ex-Officio Member

CONCURRENCE:Committee on Housing , Rural & Urban Development

(Main Committee)HON. LEAH A. LIBRADO-YAPChairpersonHON. LOIUE JOHN J. BONGUYAN

HON. LEONARDO R. AVILA III

Vice-Chairperson

MemberHON. AL RYAN S. ALEJANDRE

HON. ANTOINETTE G. PRINCIPE-CASTRODES Member

Member HON. TOMAS J. MONTEVERDE IV Ex-Officio Member

17th Legislative Body

___ Regular Session

Series of 2014

Republika ng Pilipinas

LUNGSOD NG DABAW

Sangguniang Panlungsod

RESOLUTION NO. _________

Series of 2014

A RESOLUTION GRANTING THE REQUEST FOR THE CANCELLATION OF THE ANNOTATION CONTAINED ON TRANSFER CERTIFICATE OF TITLE NO. T-41824 REGISTERED IN THE NAME OF DONATO FABROS, WHICH STATES, EXCEPT IN FAVOR OF THE GOVERNMENT OR ANY OF ITS BRANCHES, UNITS, OR INSTITUTIONS, LAND ACQUIRED UNDER THE PROVISIONS OF THIS ACT OR ANY PERMANENT IMPROVEMENT THEREON SHALL NOT BE SUBJECT TO ENCUMBRANCE OR ALIENATION FROM THE DATE OF THE AWARD OF THE LAND AND/OR THE IMPROVEMENTS THEREON AND FOR A TERM OF TEN YEARS FROM AND AFTER THE DATE OF ISSUANCE OF THE CERTIFICATE OF TITLE, NOR SHALL THEY BECOME LIABLE TO THE SATISFACTION OF ANY DEBT CONTRACTED PRIOR TO THE EXECUTION OF SUCH PERIOD AS REQUESTED BY DAVAO LIGHT AND POWER COMPANY, THROUGH ITS AUTHORIZED REPRESENTATIVE, MR. BENJIE JOSE DIMAUNAHAN.WHEREAS, this pertains to the letter-request of Mr. Benjie Jose Dimaunahan, a representative of Davao Light and Power Company as evidenced by an Authorization dated June 30, 2014 executed by its EVP and COO, Mr. Arturo M. Milan, requesting the City Council to approve the cancellation of the annotation contained in Transfer Certificate of Title No. T-41824 covering an area of 839 square meters located in Ma-a, Talomo District, Davao City.

WHEREAS, annotated on the above mentioned title are the following encumbrances:

Except in favor of the Government or any of its branches, units, or institutions, land acquired under the provisions of this Act or any permanent improvement thereon shall not be subject to encumbrance or alienation from the date of the award of the land and/or the improvements thereon and for a term of ten years from and after the date of issuance of the certificate of title, nor shall they become liable to the satisfaction of any debt contracted prior to the execution of such period. WHEREAS, the subject property was transferred by virtue of a Deed of Absolute Sale executed by Donato Fabros Sr. in favor of Davao Light and Power Company dated June 19, 2014;

WHEREAS, the applicant manifested that the ten (10) year prohibitory period had long been expired;WHEREAS, this Committee recommends the granting of the request for cancellation of annotation contained in Transfer Certificate of Title No. 41824;

NOW THEREFORE, be it resolved as it is hereby resolved that the City Council of Davao grants the request for the cancellation of annotation contained in Transfer Certificate of Title No. 41824, which reads as Except in favor of the Government or any of its branches, units, or institutions, land acquired under the provisions of this Act or any permanent improvement thereon shall not be subject to encumbrance or alienation from the date of the award of the land and/or the improvements thereon and for a term of ten years from and after the date of issuance of the certificate of title, nor shall they become liable to the satisfaction of any debt contracted prior to the execution of such period. RESOLVED FINALLY, that copies of this Resolution be furnished to the Office of the Secretary of the Sangguniang Panlungsod, City Planning and Development Office, City Legal Office, City Mayors Office, and all other offices/departments concerned, for their information and guidance.

Done this _________________, Davao City, Philippines.

Hon. Victorio U. Advincula, Jr.

Chairperson, Sub-Committee on Housing and Subdivision Development

under BP 220 (Medium-End Projects)1 |Item 906/ Sub-Committee on Housing and Subdivision Development Under BP 220 (Medium-End)

1 |Item 906/ Sub-Committee on Housing and Subdivision Development Under BP 220 (Medium-End)