Deed of Usufruct Saint Francis

DEED OF USUFRUCT
KNOW ALL MEN BY THESE PRESENTS:
This DEED is made and executed into at Tacloban City, Philippines this ___________,
by and between:
The CITY GOVERNMENT OF TACLOBAN, a local government unit duly

organized and existing under the laws of the Republic of the Philippines with
principal office and postal address at City Hall Bldg., Kanhuraw Hill, Magsaysay
Boulevard, Tacloban City, represented herein by the City Mayor, ALFRED S.
ROMUALDEZ hereinafter referred to as the “FIRST PARTY”;
- and –
The DEPARTMENT OF EDUCATION – SCHOOLS DIVISION OF

TACLOBAN CITY, located at Barangay 54, Real Street, Tacloban City,
represented herein by its Schools Division Superintendent, MARIZA S.
MAGAN EdD, CESO V, hereinafter referred to as the “SECOND PARTY”
WITNESSETH:
WHEREAS, the FIRST PARTY is the owner of a parcel of land acquired from the
National Housing Authority through a donation as evidenced by a Deed of Donation and
Acceptance;
WHEREAS, said parcel of land, situated in Barangay 105, San Isidro (Suhi), Tacloban
City, is covered and embraced by TCT No. 122-2018000217, Lot 4436, containing an area of
Twenty Four Thousand Seven Hundred Forty (24,740 sq.m.) square meters, more or less; and
TCT No. 122-2018000218, Lot 4437, containing an area of Twenty Thousand One Hundred Ten
(20,110 sq.m.) square meters. In particularity, Lot 4436 and Lot 4437, contains a total area of
about 44,850 square meters, more or less;
WHEREAS, a portion of the above-described property is being occupied and utilized by
the SECOND PARTY as school campus of St. Francis Integrated School using temporary
learning spaces;
WHEREAS, the portion being occupied by the SECOND PARTY is Lot No. 1, Block 5
of the Approved Site Development As-built Plan of St. Francis Village prepared by the National
Housing Authority containing an aggregate area of One Thousand Two Hundred Sixty Seven
(1,267 sq. m.) square meters more particularly described as follows:
TECHNICAL DESCRIPTION
Boundaries:
LINE DIRECTION ADJOINING LOT(S)
1-2 SW Lot 2, Block 5, PCS-08-001783-D
2-3 NW Road Lot 3, PCS-08-001783-D
3-4-5 NW, NE Road Lot 5, PCS-08-001783-D
5-6-7 NE, SE Road Lot 6, PCS-08-001783-D
7-1 SW Lot 3, Block 5, PCS-08-001783-D
TIE POINT: BLLM No. 39, CAD 220, Tacloban Cadastre
LINE BEARING DISTANCE TO CORNER

1 S. 76˚ 55’ W 510.55 M.
1-2 N. 63˚ 11’ W 31.81 M.
2-3 N. 26˚ 49’ E 17.95 M.
3-4 N. 71˚ 49’ E 1.65 M.
4-5 S. 63˚ 11’ E 64.17 M.
5-6 S. 18˚ 11’ E 1.41 M.
6-7 S. 26˚ 49’ W 18.11 M.
7-1 N. 63˚ 11’ W 34.52 M.
WHEREAS, the SECOND PARTY is intending to apply for a School ID and permit to
operate from the Department of Education and one of the requirements is a Memorandum of
Agreement (MOA) between the Local Government Unit (LGU) and the school to ensure that the
lot is intended for a school space and use it exclusively for educational purposes;
WHEREAS, pursuant to Resolution No. ____________, dated ___________, of the
Sangguniang Panglungsod, the City Mayor, ALFRED S. ROMUALDEZ has been authorized to
sign, execute, and deliver this Deed of Usufruct for and on behalf of the City of Tacloban;
NOW THEREFORE, as an act of liberality and generosity, FIRST PARTY hereby
voluntarily and freely transfers and conveys, by way of USUFRUCT to SECOND PARTY,
which SECOND PARTY hereby accepts and has taken legal possession of the property and
hereby expresses their appreciation and gratefulness for the kindness and generosity of FIRST
PARTY, for and in consideration of the foregoing premises and of the mutual covenants
hereinafter contained, the parties hereby agree to the following terms and conditions:
1. This Deed of Usufruct shall be for a period of 20 years, subject to renewal upon mutual
agreement of both parties;
2. The aforementioned lot containing an aggregate area of about One Thousand Two
Hundred Sixty Seven (1,267 sq. m.) square meters situated in Barangay San Isidro (Suhi),
Tacloban City, shall be used exclusively by the SECOND PARTY, as a school space, to
be used for civic and educational purposes; as a venue for conducting training,
conferences, meetings, seminars, and other events; for which the SECOND PARTY
solely undertakes to construct a building and other facilities thereon at its own expense or
from its donors;
3. The SECOND PARTY shall not lease any part of the subject property to any third party,
for the whole duration of this contract;
4. The SECOND PARTY shall construct and maintain its building and/or facilities,
structures and improvements on the site in accordance with local ordinance and/or
national laws on environmental safety, maintenance, and preservation.
5. The SECOND PARTY shall be responsible for all real property taxes that may be due
and payable on the subject parcel of land.
6. Upon the expiration of this Deed of Usufruct, and in case the parties decide not to renew
this Deed, the building constructed by the SECOND PARTY on the aforementioned lot
shall become the property of the FIRST PARTY, save those temporary improvements
within the building and those which can be removed without causing damage to the
building itself.
7. The FIRST PARTY may immediately recover possession of the aforesaid real property
including all structures and improvements introduced thereon, without obligation to
reimburse the herein SECOND PARTY, and terminate the usufruct should the SECOND
PARTY violate any provision of this deed or failure to comply with the obligations as a
usufructuary, as provided in the New Civil Code of the Philippines, the applicable
provisions of which are incorporated herein and deemed as part of the provisions of this
deed.
IN WITNESS WHEREOF, the herein parties have set their hands this _____________ day
of _________________ 2022 at Tacloban City, Philippines.
CITY GOVERNMENT OF TACLOBAN DEPARTMENT OF EDUCATION –

FIRST PARTY CITY DIVISION OF TACLOBAN
SECOND PARTY
Represented by: Represented by:
ALFRED S. ROMUALDEZ MARIZA S. MAGAN EdD, CESO V

City Mayor Schools Division Superintendent
SIGNED IN THE PRESENCE OF:
ROMMEL M. ABETO ATTY. ANACLETO REI A.

School Head LACANILAO III
Saint Francis Integrated School City Administrator
ACKNOWLEDGMENT
Republic of the Philippines)

TACLOBAN CITY ) S.S.
BEFORE ME, a notary public for and within the City of Tacloban, personally appeared
the following:
NAME OF PARTY ID No. Issued on/at
ALFRED S. ROMUALDEZ __________________ __________________

MARIZA S. MAGAN __________________ __________________
Both known to me to be the same persons who executed the foregoing instrument consisting of
four (4) pages including this page and acknowledge to me that the same are their free and
voluntary act and deed
This instrument consisting of four (4) pages, including the page on which this
acknowledgment is written, has been signed on the left margin of each and every page thereof by
the parties and the instrumental witnesses, and sealed with my Notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand this ________________ 2022

at Tacloban City, Philippines.
Doc. No. ___ NOTARY PUBLIC

Page No. ___
Book No.___
Series of 2022.

Deed of Usufruct Saint Francis

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DEED OF USUFRUCT

KNOW ALL MEN BY THESE PRESENTS:

The CITY GOVERNMENT OF TACLOBAN, a local government unit duly

The DEPARTMENT OF EDUCATION – SCHOOLS DIVISION OF

TIE POINT: BLLM No. 39, CAD 220, Tacloban Cadastre

LINE BEARING DISTANCE TO CORNER

CITY GOVERNMENT OF TACLOBAN DEPARTMENT OF EDUCATION –

Represented by: Represented by:

ALFRED S. ROMUALDEZ MARIZA S. MAGAN EdD, CESO V

SIGNED IN THE PRESENCE OF:

ROMMEL M. ABETO ATTY. ANACLETO REI A.

Republic of the Philippines)

NAME OF PARTY ID No. Issued on/at

ALFRED S. ROMUALDEZ

IN WITNESS WHEREOF, I have hereunto set my hand this ________________ 2022

Doc. No. ___ NOTARY PUBLIC

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