Usufruct Agreement

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PSSg MARIE JOAN M.

MARIGUNDON
Logistics and Supply Officer / Witness
USUFRUCT AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Usufruct Agreement (“Agreement”) is signed this __________day of May


2023 at Teresa, Rizal by and between:

The MUNICIPAL GOVERNMENT OF TERESA, RIZAL, a local


government unit created under the laws of the Republic of the
Philippines, with office address at Municipal Hall, Corazon C.
Aquino Avenue, Barangay Poblacion, Teresa, herein
represented by the Municipal Mayor, Hon. Rodel N. Dela Cruz,
whose authority is evidenced by the attached Sanggunian
CHERYL P. ANN Bayan Resolution, marked as Annex “A” and made integral part
Municipal Administrator / Witness
hereof, hereinafter referred to as the “LANDOWNER”;

-and-

The PHILIPPINE NATIONAL POLICE, a government office


created under Republic Act No. 6975, as amended, with office
address at Camp Crame, Quezon City, represented herein by
its PMAJ MARLO M. CAMANTIGUE, who is duly authorized,
and is hereinafter referred to as the “USUFRUCTUARY”.

WITNESSETH:

PMAJ MARLO WHEREAS, the LANDOWNER owns a parcel of land described as TCT No.
M. CAMANTIGUE
42570,
Chief of Police, copyPolice
Teresa of which is/ hereby attached as ANNEX “A” and made as integral
Station
Usufructuary
part of this Agreement;

WHEREAS, the USUFRUCTUARY is a local government unit. The


USUFRUCTUARY, upon an agreement with the LANDOWNER, is currently
occupying a portion of the property described above;

WHEREAS, the LANDOWNER, by tolerance, is hereby bestowing to the


USUFRUCTUARY the right to use and enjoy the property provided that all the
necessary improvements for preservation of the said property shall be
shouldered by the USUFRUCTUARY;

WHEREAS, the USUFRUCTUARY, shall bear the burden of preserving the


property, ensuring its usefulness for the future use of the LANDOWNER,
HON. RODEL N. DELA CRUZ
maintaining peaceful existence within the property and paying all necessary
Municipal Mayor / Landowner
expenses for the preservation and improvements of the said property;

WHEREAS, the LANDOWNER is willing to enter into a usufruct agreement with


the USUFRUCTUARY subject to the terms and conditions herein;

NOW THEREFORE, for and in consideration of the foregoing premises and of


the mutual covenants hereinafter contained, the parties hereby agree as follows:

Section 1. TERM. The term of the usufruct shall be for a period of five (5)
years but subject of extension upon agreement of two parties from the signing of
this Agreement unless the PARTIES pre - terminate the same on the following
grounds:
PSSg MARIE JOAN M. MARIGUNDON
Logistics and Supply Officer / Witness

1.1. The USUFRUCTUARY violates any of the conditions stated herein,


and
1.2 The USUFRUCTUARY is in bad faith and committed acts or
omission that will prejudice the landowner.

Section 2. PURPOSE OF THE USUFRUCT. The premises/property, subject


of this agreement, shall be used as police station of the USUFRUCTUARY.

Section 3. LAND OWNERSHIP. The ownership and title remain with and
continues to be in the name of the LANDOWNER. Upon expiration or pre -
termination of the Agreement on the grounds stated under sub - sections 1.1-1.2
of the Agreement, all permanent improvements existing shall inure to the benefit
of the LANDOWNER. It is hereby understood that permanent improvements shall
refer to those that cannot be detached or removed without damaging the
structure.
CHERYL P. ANN
Municipal Administrator
Section 4. / RIGHTS
Witness AND OBLIGATIONS OF THE USUFRUCTUARY

4.1. The USUFRUCTUARY shall voluntarily surrender possession and


return or vacate the property to the LANDOWNER without need of
demand upon expiration of the Agreement in case the former does
not purchase the property from the LAND OWNER;
4.2 The USUFRUCTUARY shall not sell, dispose, mortgage, encumber,
transfer, assign, tolerate the use by a third party, or use as collateral
unless with the consent of the LANDOWNER;
4.3 The USUFRUCTUARY shall not enter into any other agreements that
will involve use of the property intended without the consent of the
LANDOWNER;
4.4 The USUFRUCTUARY shall not alienate or transfer its
PMAJ MARLO M. CAMANTIGUE
Chief of Police, TeresaUSUFRUCTUARY
Police Station / rights, or do anything thereon which may be
Usufructuary prejudicial to the rights of the LANDOWNER;
4.5 The USUFRUCTUARY shall be obliged to notify the LANDOWNER
of any act of a third person, of which it may have knowledge, that
may be prejudicial to the rights of ownership, and it shall be liable if it
did not do so, for damages, as if they had been caused through its
own fault;
4.6 The USUFRUCTUARY shall be responsible for maintaining the
cleanliness and peace and order in the area; and
4.7 The USUFRUCTUARY shall not use the property for any unlawful or
illegal act.

Section 5. RIGHTS AND OBLIGATIONS OF THE LANDOWNER:


HON. RODEL N. 5.1DELAExercise
CRUZ the right of ownership over the property under usufruct;
Municipal Mayor / Landowner
5.2 Remove hazardous or harmful structures at the expense of the
USUFRUCTUARY.

Section 6. CONSENT UNDER DATA PRIVACY LAW

By providing personal information and sensitive personal information, the


USUFRUCTUARY acknowledges and recognizes the exclusive right of the
LANDOWNER to utilize the data for the engagement purposes and for other
relevant or incidental uses. USUFRUCTUARY also acknowledges that all such
additional information, records, files, among others, shall form part of the
exclusive use of the LANDOWNER and she consents to the use thereof. These
acts of the LANDOWNER are not and shall not be deemed as violation of the
data privacy law, human relations, or any breach of personal information or
sensitive personal information.

Section 7. OTHER TERMS AND CONDITIONS:

6.1 This Agreement shall be binding upon the parties hereto and their
successors-in-interest.

6.2 Any legal action or proceeding arising out or in connection with this
Contract, and all other instruments related therewith, shall be settled
through arbitration pursuant to the relevant provision of Republic Act
No. 9285 or the Alternative Dispute Resolution Act of 2004. If the
dispute is not settled before arbitration, the Parties hereto agree to
submit all suits or actions arising from this Contract and any other
matter directly or indirectly related to it, to the proper courts where
LANDOWNER’s principal office is situated at the time of filing of
action to the Exclusion of all other courts.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, this


__________________ at Teresa, Rizal, Philippines.
 

THE MUNICIPAL GOVERNMENT OF THE PHILIPPINE NATIONAL


TERESA, RIZAL POLICE-TERESA POLICE
STATION

By: By:

HON. RODEL N. DELA CRUZ PMAJ. MARLO M. CAMANTIGUE


Landowner Usufructuary

SIGNED IN THE PRESENCE OF:

______________________ ____________________________
CHERYL P. ANN PSSg MARIE JOAN M.
MARIGUNDON
Municipal Administrator Logistics and Supply Officer
PSSg MARIE JOAN M. MARIGUNDON
Logistics and Supply Officer / Witness
ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )


Teresa, Rizal ) S.S.

BEFORE ME, a Notary Public for and in the above jurisdiction, personally
appeared the following:

NAME GOV’T ISSUED ID DATE/PLACE

Rodel N. Dela Cruz Senior Citizen 11/07/2016/ Teresa,


Rizal
CHERYL P. ANN
Municipal Marlo M. Camantigue
Administrator / Witness PNP ID O-25781 01/23/2023/ QC

known to me to be the same persons who executed the foregoing instrument and
acknowledged to me that the same is their own free will and voluntary act and
deed. This instrument consists of four (4) pages including this page where the
acknowledgment is written, is signed by the parties and their instrumental
witnesses on each and every page hereof.

WITNESS MY HAND AND SEAL, this ____ day of May 2023 at


_______________, Rizal, Philippines.

PMAJ MARLO M. CAMANTIGUE NOTARY PUBLIC


Chief of Police, Teresa Police Station /
Usufructuary
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2023.

HON. RODEL N. DELA CRUZ


Municipal Mayor / Landowner

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