Republic of the Philippines

CITY LEGAL OFFICE

City Hall Bldg., J.P. Rosales Ave., Doongan, Butuan City

COMMENT
(February 26, 2019)

Respectfully forwarded to VINCENT PHILIP F. PIENCENAVES, CMO –

Office Manager, this City, the herein comment on the indorsed letter with attached
draft Deed of Donation from Daniel A. Ariaso, Sr., Assistant Secretary, Deputy
National Statistician for Civil Registration and Central Support Office, pertaining to
the lot assigned for the Philippine Statistics Authority.
Upon perusal of the document attached, it has been confirmed that there has
been an assigned lot for the Philippine Statistics Authority. However, the lot cannot
yet be ascertained due to the City Government’s re-designing of its development
plan.
More so, under the Local Government Code, the local government units are
given more powers, authority, responsibilities and resources. In addition thereto,
LGUs have also the power and authority to establish an organization that shall be
responsible for the efficient and effective implementation of their development
plans, program objectives and priorities and to acquire, develop, lease, encumber,
alienate or otherwise dispose of real or personal property.
In relation to the disposition of its real property, it has been made a policy by
the City Government of Butuan that conveyances of its real property shall be done
through a Deed of Usufruct wherein only the beneficial use shall be transferred to
the Usufructuary and the naked title shall remain to the land owner.
Here, the Philippine Statistics Authority is in effect provided the City
Government a Deed of Donation as the same transfers ownership from the Donor to
the Donee which effectively conveys not only the beneficial use of the property but
also the naked title thereof.
In view thereof, the City Government of Butuan cannot approve the transfer
of ownership of the subject property in their favor. It is however advised that instead
of a Deed of Donation, a Deed of Usufruct shall be executed.
In the meantime, it is hereby recommended to write a letter reply to Asec.
Daniel A. Ariaso Sr. CESO II in relation to this comment.
For information and guidance.

Atty. CISCO FRANZ S. MACLANG

City Legal Officer

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Phone : (085) 225-4316-3072

Fax :225-5737
Email : cgbclegal@gmail.com cmo.butuan@gmail.com
Website: www.butuan.gov.ph