DEED OF USUFRUCT

KNOW ALL MEN BY THESE PRESENTS:

This DEED is made and executed by and between:
NOE C. ELIZAGA, Filipino, married, of legal age, and a resident of 21
Rose St. Panorama Homes Subd., Buhangin, Davao City, hereinafter referred
to as the OWNER;
-andCLARITA E. DOYUGAN, URSECINO C. ELIZAGA JR., DELIA E. ELAJAS,
HEIRS OF ULDARICO C. ELIZAGA represented by ULDARICO S. ELIZAGA JR.,
and HEIRS OF RAUL C. ELIZAGA represented by JOVANY ELIZAGA, hereinafter
referred to as the USUFRUCTUARIES.
WITNESSETH:
WHEREAS, OWNER owns a parcel of land known as Lot 11194 with a
total area of _______ square meters, more or less, subdivided into Lot 1194-A,
Lot 1194B, Lot 1194-B1, Lot 1194-B2, Lot 1194-B3, Lot 1194-B4, Lot 1194-B5,
and Lot 1194-B6,with the following technical descriptions:
LINE
BEARING
DISTAN
CE
12
N 33 58 61.90
E
M.
23
S 66 52 172.04
E
M.
34
S 72 37 104.70
E
M.
45
S 63 04 121.77
E
M.
56
S 67 44 48.72
E.
M.
67
S 19 44 32.81
W.
M.
78
S 50 12 45.08
E.
M.
89
N 76 30 73.15
W.
M.
9 10
N 63 05 182.49
W.
M.
10
S 47 25 29.77 M
11
W.
11
N 64 39 13.90
12
W.
M.
12 1
N 64 41 223.01
W.
M.

WHEREAS, the OWNER, by these presents offers for the use of the
USUFRUCTUARIES, in their individual capacities, the parcels of subdivided
lands known as Lot 1194-B1, Lot 1194-B2, Lot 1194-B3, Lot 1194-B4, Lot
1194-B5, and Lot 1194-B6, with the option to donate these lands in the
future;
WHEREAS, the USUFRUCTUARIES accept the above-stated offer of the
OWNER with gratitude and deep appreciation;
NOW, THEREFORE, for and in consideration of the foregoing premises and of
the mutual convenants hereinafter contained, the parties hereby agree to
the following terms and conditions:
A. USUFRUCT PROPER The subdivided lands shall be offered for use by
the OWNER to the USUFRUCTUARIES in the following manner:
1. TO:
a. LOT NO.:
b. AREA:
c. TECHNICAL

CLARITA E. DOYUGAN
LOT 1194-B6
____ SQUARE METERS
DESCRIPTION:
LINE
BEARING
DISTAN
CE
12
B 67 44 7.0 M.
E.
23
S 19 44 15.0 M.
W.
34
N 63 05 7.06 M.
W.
41
N 19 44 56.61
E.
M.

2. TO:
URSECINO C. ELIZAGA JR.
a. LOT NO.:
LOT 1194-B5
b. AREA:
____ SQUARE METERS
c. TECHNICAL DESCRIPTION:
LINE
BEARING
DISTAN
CE
12
S 67 44 7.0 M.
E.
23
S 19 44 15.0 M.
W.
34
N 76 30 2.39 M.
W.
45
N 63 05 4.66 M.
W.
51
N 19 44 15.0 M.
E.
3. TO:
HEIRS OF RAUL C. ELIZAGA,
_____________________
a. LOT NO.:
LOT 1194-B4
b. AREA:
_____ SQUARE METERS
c. TECHNICAL DESCRIPTION:

represented

by

LINE
12
23
34
41

BEARING

DISTAN
CE
S 67 44 7.0 M.
E.
S 19 44 15.0 M.
W.
N 76 30 7.04 M.
W.
N 19 44 15.0 M.
E.

4. TO:
DELIA E. ELAJAS
a. LOT NO.:
LOT 1194-B3
b. AREA:
____ SQUARE METERS
c. TECHNICAL DESCRIPTION:
LINE
BEARING
DISTAN
CE
12
B 67 44 7.0 M.
E.
23
S 19 44 15.0 M.
W.
34
N 76 30 7.04 M.
W.
41
N 19 44 15.0 M.
E.
5. TO:
HEIRS OF ULDARICO C. ELIZAGA, represented by
ULDARICO S. ELIZAGA JR.
a. LOT NO.:
LOT 1194-B2
b. AREA:
_____ SQUARE METERS
c. TECHNICAL DESCRIPTION:
LINE
BEARING
DISTAN
CE
12
B 67 44 7.0 M.
E.
23
S 19 44 15.0 M.
W.
34
N 76 30 7.04 M.
W.
41
N 19 44 15.0 M.
E.
B. TERM The term of the usufruct shall be for FIVE (5) YEARS and the
OWNER may convert the usufruct into a donation in favor of the
individuals named-above, their heirs, assigns or successors-in-interest
at the sole discretion of the OWNER upon the expiration of the term.
C. OWNERSHIP While the usufruct and/or the beneficial use of the lands
is transferred to the USUFRUCTUARIES, the ownership and title of the
lands remains with and continues to be in the name of the OWNER.
Upon, the expiration of the contract, improvements introduced on the
site shall accrue to the OWNER unless the lands are donated. If the

lands are donated, such improvements will redound to the benefit of

the donees.
D. MAINTENANCE OF CLEANLINESS AND PEACE AND ORDER The
USUFRUCTUARIES shall maintain the cleanliness and peace and order
in the area in usufruct.
E. OTHER TERMS AND CONDITIONS:
1) The lands shall be used exclusively by the USUFRUCTUARIES as
future site for the establishment of rest-houses or similar buildings;
2) Construction of the rest-houses or similar buildings shall be finished
within THREE (3) YEARS from the signing of this contract. If no resthouse or similar building is constructed after THREE (3 YEARS, the
land pertaining to a particular usufructuary shall revert back to the
OWNER.
3) The USUFRUCTUARIES shall construct and maintain their resthouses and similar buildings in accordance with local ordinance
and/or national laws on environmental safety, maintenance and
preservation.
IN WITNESS WHEREOF, the herein parties have set their hands this
_____ day of ___________, 2015 at __________________, Philippines.

OWNER

USUFRUCTUARIES