Deed Of Usufruct.docx

DEED OF USUFRUCT KNOW ALL MEN BY THESE PRESENTS: This DEED made and entered into by and between: The PROVINCIAL GOVERNMENT OF ILOCOS NORTE, a political subdivision of the government existing under Philippine law, with office address at Laoag City, Ilocos Norte, represented herein by its Provincial Governor, Hon. IMEE R. MARCOS, hereinafter referred to as the “PGIN”. and

The DEPARTMENT OF AGRICULTURE – BUREAU OF FISHERIES AND AQUATIC RESOURCES (BFAR), a line bureau of the Department of Agriculture, existing under and by virtue of the Philippine law, with its Regional Fisheries Office Address at the Government Center, Sevilla, San Fernando City, La Union, represented herein by its Regional Director, LILIBETH L. SIGNEY, Ph. D. , CESO V, herein referred to as DA-BFAR RFO 1; WITNESSETH: WHEREAS, Sec. 2 of R.A. No. 8550, as amended by R.A. No. 10654, otherwise known as the “Philippine Fisheries Code of 1998” declares among others, that is the policy of the state to ensure the rational and sustainable development, management and conservation of the fishery and aquatic resources in Philippine water ; and protect the rights and provide support to the fishery sector, primarily to the municipal fisher folk, including women and youth sectors, through appropriate technology and research, adequate financial production construction of post-harvest facilities marketing assistance and other services; WHEREAS, Sec. 66 of R.A. No. 8550 , as amended and Rule 66.4 of its Implementing Rules and Regulation, provide that the BFAR shall establish regional, provincial, and municipal offices as may be appropriate and necessary to carry out effectively and efficiently the provision of this law; WHEREAS, R.A. No. 7160. Otherwise known as the “ Local Government code of 1991”, mandates the LGU to provide its constituents extension facilities related to agriculture and fishery activities which include water and soil resource utilization and conservation projects and enforcement of fishery laws in municipal waters; WHEREAS, the PGIN and the DA BFAR RFO 1 have been partners in the implementation of fisheries related projects and the enforcement of fisheries law and it related to rules and orders in the province of Ilocos Norte to alleviate poverty among fisherfolk sectors and as well as to manage and protect fisheries resources in the province for its sustainable use; WHEREAS, the PGIN (OWNER OF THE LOT) has offered the 200 sq. m. parcel of land located at Brgy. 02- Sta. Joaquina, Laoag, Ilocos Norte in favor of the DA BFAR RFO 1 (USUFRUCTUARY) for the construction and establishment of the Provincial Fisheries Office which described as follows: WHEREAS, the DA BFAR RFO1, as USUFRUCTUARY accepts the subject parcel of land for the ESTABLISHMENT OF THE PROVINCIAL FISHERIES OFFICE FROM THE PGIN, as the OWNER of the same land.

Page 1 of 4 DEED OF USUFRUCT PGIN/DA BFAR RFO1

WHEREAS, Pursuant to Resolution No.___ date_________, of the Sangguniang Panlalawigan, the HON. GOVERNORIMEE R. MARCOS has been authorized to sign, execute and deliver this DEED OF USUFRUCT for and in behalf of the province of Ilocos Norte; WHEREFORE, for and in consideration of the foregoing premises and mutual covenants herein set forth the parties herein agree and bind themselves to undertake the terms and conditions provided hereunder:

ARTICLE 1 ROLES AND RESPONSIBILITIES OF PARTIES The PGIN shall: 1. Apportion a parcel of land with an areas of 200 sq. m. Brgy. 2- Sta Joaquina, Ilocos Norte ( A Sketch Map and and its description is attached as ANNEX A) 2. Authorize the DA-BFAR RFO1 to introduce infrastructure development and related improvements over the subject lot in pursuance of its intended purpose. 3. Provide appropriate and convenient right of way for the free access of the employees, stakeholders and clients needing/ requesting for the service of the Provincial Fisheries Office. 4. Secure the peaceful and undisturbed possession of the lot by the DA BFAR RFO 1 within the period agreed upon by the parties. 5. Reserve the right to enter upon the premises of the said office forinspection and for other relevant purposes. The DA BFAR RFO 1 shall: 1. Develop the subject parcel of land for the establishment of the provincial Fisheries Office of Ilocos Norte and the other related facilities relative to the implementation of Fisheries Program, Projects and Activities in the province. 2. Coordinate and inform the PGIN of the proposed infrastructure development and other related improvements for its concurrence and for the harmonization with PGIN’s development plan, 3. Be responsible for the processing of legal documents pertaining to the lot and the building and its corresponding cost such as, but not limited to taxes, utilities and others; 4. Maintain the cleanliness and the peace and order within the subject area in harmony with other neighboring offices; 5. Give priority access to the PGIN in availing relevant projects and activities. 6. Transfer the ownership of the structures and development introduced in the lot upon termination of the DEED on valid grounds following due process. 7. Not assign, transfer or encumber it’s rights now sublease or sublet all or any part of the subject parcel of land and its development without prior written consent to the PGIN;

Page 2 of 4 DEED OF USUFRUCT PGIN/DA BFAR RFO1

ARTICLE II GENERAL CONDITIONS 1. TERM OF AGREEMENT The term of the Usufruct shall commence on the date of the signing of this instrument and shall continue for twenty five (25 years), and thereafter subject to renewal upon agreement of the parties herein. 2. OWNERSHIP While the usufruct and/ or the beneficial use of the subject parcel of land is transferred to the DA BFAR RFO1, the ownership and title of the same shall remain with and will continue to be in the name of PGIN. In the event that a circumstance, condition or an incident not contemplated or covered by the provisions of this DEED may arise affecting the successful implementation of the project and hence, there is a need to discuss and resolve the same, a party which has the knowledge thereof shall formally communicate it to the other party and call for a meeting for appropriate action or agreement. Should there be conflicts or controversies that subsequently arise between the parties as a result of breach by one or both of them on any of the terms and conditions of this DEED, the parties shall first enter into a dialogue for the purpose of settling such conflict or controversy between themselves before resorting to a judicial action. The provisions of Executive Order No. 292, otherwise known as the “Administrative Code of 1987”, particularly on the procedure of settlement of intra-government disputes shall be suppletorily adopted in this DEED. ARTICLE III MISCELLANEOUS PROVISIONS 1. Any modification or amendment to this MOA shall be mutually agreed upon by the parties and reduced in writing. 2. If any provision of this DED or the application thereof to any circumstance is later declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting. IN WITNESS WHEREOF, the above-mentioned parties through their duly authorized representatives hereunto affixed their signatures this ___ day of ____________at ______________

For the Provincial Government RFO1 Of Ilocos Norte:

HON. IMEE R. MARCOS Provincial Governor

For the DA BFAR

DIR. LILIBETH L. SIGNEY, Ph.D., CESO V Regional Director

Page 3 of 4 DEED OF USUFRUCT PGIN/DA BFAR RFO1

Signed in the Presence of:

Witness

Witness

Witness

Witness

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES) ________________________) S.S. BEFORE ME, a Notary PublIc for and in the City of _________________________, Personally appeared:

Name

ID No.

Date/Place Issued

IMEE R. MARCOS

_________

________________

LILIBETH L. SIGNEY

BFAR ID No. _____

________________

Known to me and to me known to be the same persons who executed foregoing instrument and acknowledged to me that the same are their free act and voluntary deed. This instrument, consisting of five (5) pages, including the page of which this acknowledgement is written, has been signed on the left margin of each and every page thereof by the concerned parties and their witnesses, and sealed with my notarial seal. WITNESS MY HAND AND SEAL on this __day of ______________20______ at ___________.

Notary Public Doc. No………….., Page No…………., Book No…………, Series of 20_____.

Page 4 of 4 DEED OF USUFRUCT PGIN/DA BFAR RFO1