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 TitlePresent 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 Road2. Affidavit of Ana Rose T. Reyes attesting that an access road is existing

at CTC No. T-1562663. Sketch map drawned by the MPDO/Engineering Office on the existence

of the road ROW4. A document signed by Mrs. Beatriz R. Sanchez attesting that a road

ROW exist. The said document is not yet notarized5. Letter request of Mrs. Salvador6. 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.