Republic of the Philippines

Region XII
Province of Cotabato
PROVINCIAL LEGAL OFFICE
Amas, Kidapawan City
Contact No. (064) 521-8080 (local 1190)
email add: plo_northcot@yahoo.com

OPINION NO. _________

____, 2022

HON. EMMYLOU “LALA” J. TALIÑO- MENDOZA

Governor
This Province

Thru: MS. AURORA P. GARCIA

Provincial Administrator
This Province

Ma’am:

This has reference to the Deed of Donation by and between the Department
of Environment and Natural Resources (DENR) through the Environmental
and Management Bureau (EMB) as the donor, and the Provincial
Government of Cotabato as the donee endorsed herewith for legal opinion,
dated August 22, 2022 and was received on August 23, 2022.

As per the deed, the donor DENR-EMB commits to convey various machinery,
equipment and tools for recycling plastic waste, to the provincial government of
Cotabato.

For emphasis, the local government code empowered the local government units
to enter into contracts1,subject to the condition that prior authority from the
Sangguniang concerned should be secured2. Accordingly, donation is an act of
liberality whereby a person (natural or juridical) disposes gratuitously of a thing or
right in favor of another, who accepts it 3 hence essentially a contract that the local
governments may enter into.

Further,”Local chief executives may, upon authority of the Sanggunian,

negotiate and secure financial grants or donations in kind, in support of the
basic services or facilities enumerated under Section 17 of the same code,
from local and foreign assistance agencies without necessity of securing
clearance or approval therefor from any department, agency, or office of the
national governmentor from any higher local government unit: Provided, That
projects financedby such grants or assistance with national security implications
shall beapproved by the national agency concerned”. 4

Applying the aforecited provisions of law, the undersigned is of the view that
since the donation is a support to the delivery of basic services and facilities
enumerated under Section 17 of the LGC, the provincial government is not
precluded to enter into a contract with DENR-EMB for the conveyance of the

1
Section 22(a)(5), Republic Act No. 7160 otherwise known as the Local Government of 1991
2
Section 22(c), Republic Act No. 7160 otherwise known as the Local Government of 1991
3
Article 725, Title III, Republic Act. 386 otherwise known as the New Civil Code
4
Section 23, Republic Act No. 7160 otherwise known as the Local Government of 1991

“The Welfare of the People is the Supreme Law”

 Republic of the Philippines
Region XII
Province of Cotabato
PROVINCIAL LEGAL OFFICE
Amas, Kidapawan City
Contact No. (064) 521-8080 (local 1190)
email add: plo_northcot@yahoo.com

above-mentioned properties. As such, the required formalities of donation should

be observed under Article 748 of the civil code which provides as follows:

The donation of a movable may be made orally or in writing. An oral donation

requires the simultaneous delivery of the thing or of the document representing
the right donated. If the value of the personal property donated exceeds five
thousand pesos, the donation and the acceptance shall be made in writing.
Otherwise, the donation shall be void. Accordingly the provincial government
may signify its acceptance through the foregoing deed.

Premises considered, the undersigned finds the subject deed as consistent with
law, thus valid and interposes no objection therewith. Since there is no legal
impediment, the provincial government concerned may through the local chief
executive accept the donation.

For your reference and perusal.

BY:

ATTY. JOHN HAYE C. DELUVIO

Provincial Legal Officer

“The Welfare of the People is the Supreme Law”