After deeds of donation 'breached': Capitol takes back two lots

CEBU, Philippines —  After some terms and conditions have been allegedly violated, the Provincial Board of Cebu has revoked the donation of the province-owned lots in Cebu City now occupied by the Technical Education and Skills Development Authority and the Philippine National Police.

In a separate resolution sponsored by PB Member John Ismael Borgonia, the PB in yesterday’s regular session also authorized Cebu Governor Gwendolyn Garcia to take necessary steps, including, but not limited to the filing of appropriate cases to recover the said lot.

Board Member Glenn Anthony Soco co-sponsored the revocatory resolution in the absence of Borgonia who chairs the PB committee on provincial and municipal properties.

On February 12, 1973, the PB issued Resolution No. 184 which authorized then Governor Osmundo Rama to donate Lot No. 915 of the Banilad Estate to the National Manpower and Youth Council (NMYC) located at Salinas Drive, Cebu City.

On February 16, 1973, a deed of donation was executed by Rama in favor of the NMYC donating to the latter said lot with an area of 19,306 square meters.

Among the conditions was that the said parcel of land should be solely or exclusively used for the Manpower and Training Center.

If the donee does not have any more need or use of the land for its specified purpose or the NMYC is abolished or the functions of said office are terminated by law, the lot shall automatically revert back to the provincial government of Cebu, together with all the improvements thereon, according to the conditions.

Borgonia, in his resolution, cited Section 5 of Republic Act No. 7796 or “An Act Creating the Technical Education and Skills Development Authority, Providing for its Powers, Structure and for Other Purpose” in saying that the NMYC has practically been abolished considering that TESDA now has replaced and absorbed the former together with the Bureau of Technical  and Vocational Education (BTVE) and the personnel and functions pertaining to technical-vocational education in the regional offices of the Department of Education, Culture and Sports (DECS) and the apprenticeship of the Bureau of the Local Employment of the Department of Labor and Employment.

“The abolition of the National Manpower and Youth Council is a violation of the second condition of the Deed of Donation,” read the resolution.

There being a violation to the condition of the deed of donation, Borgonia said there is a need for the PB to revoke the February 16, 1973 Deed of Donation.

“With the abolition of the National Manpower and Youth Council (NMYC) the ownership of Lot 915 of the Banilad Estate, has automatically reverted back to the Province of Cebu, hence, the need to authorize Governor Gwendolyn F. Garcia to take the necessary steps, including but not limited to the filing of applicable cases in court, to recover said lot,” the resolution further read.

Revoked, too

In a separate resolution, the PB also revoked the donation of Lots 1157 and 1158 of the Banilad Estate located at Apas, Cebu City in favor of the Third Philippine Constabulary Zone.

On August 24, 1959, the PB passed Resolution No. 886 which resolved that “Lot No. 1157, Banilad Estate, containing an area of 25,962 square meters, and on-half of Lot No. 1158, also of the Banilad Estate, containing an area of 25,583 square meters, be and are hereby donated to the Third Philippine Constabulary Zone for the purpose of using the said parcels of land as the site of the headquarters and the enlisted men’s barracks of the Third Philippine Constabulary Zone; provided, however, that the ownership of the real property shall revert to the Provincial Government of Cebu if and when the same will no longer be needed by the Philippine Constabulary for the purpose for which they have been donated.”

On September 15, 1959, then Governor Jose Briones, by virtue of the authority granted under Resolution No. 886, executed a Deed of Donation in favor of the Third Philippine Constabulary Zone, donating to the latter Lot No. 1157 and a half portion of Lot No. 1158.

Among the conditions was that the expenses for the relocation and/or subdivision survey, if need be, shall be borne by the donee.

The terms further provided that the donee shall not dispose of any portion of the lots herein donated to any other party and that the ownership and possession of the lots herein donated in favor of the Republic of the Philippines, shall be reverted to the Provincial Government of Cebu if and when the lands would no longer be needed by the Philippine Constabulary for the purpose stated in Resolution No. 886 of the Cebu PB dated Aug. 24, 1959, or when the same shall have been abandoned or when the Philippine Constabulary shall have been legally dissolved or abolished.

Borgonia cited that the PC was effectively and legally dissolved or abolished by Republic Act No. 6975 or “An Act Establishing the Philippine National Police Under a Reorganized Department of the Interior; and Local Government, and for other Purpose” wherein Section 23 thereof shows that there is no longer a Philippine Constabulary.

Borgonia said the abolition of the PC, particularly the Third Philippine Constabulary Zone, is a violation of the second condition of the deed of donation.

Borgonia said the lots donated to the Third Philippine Constabulary Zone have never been used as its headquarters and barracks for enlisted men. In fact, it is now being used as Officers Quarters of the PNP Regional Office 7, a clear violation of the Resolution No. 886 which forms part of the deed of donation.

He also pointed out that with the above-mentioned violations of the deed of donation, in accordance to the conditions therein, by operation of law, the ownership of the donated lots have reverted back to the Provincial Government of Cebu which prompted the Cebu PB to pass Resolution No. 1889-93 dated November 22, 1993, “Authorizing the Honorable Governor Vicente L. Dela Serna to Take Possession of Lots Nos. 1157 & 1158 Both of the Banilad Estate Owned by the Provincial Government and Previously Donated to the Philippine Constabulary.” – JMD (FREEMAN)