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.

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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;

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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 For the DA BFAR

RFO1
Of Ilocos Norte:

HON. IMEE R. MARCOS DIR. LILIBETH L. SIGNEY, Ph.D.,

CESO V
Provincial Governor Regional Director

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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_____.

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DEED OF USUFRUCT
PGIN/DA BFAR RFO1