This Deed of Grant of Usufructuary Rights entered into
by and between:
SARAH GRANADO DE SAGUN, Filipino, of legal age,
married and a resident of 116 San Augustine, Trece Martires City, Cavite Region 4 (hereinafter referred to as the GRANTOR);
----------and--------
The Local Government Unit of Sablayan, a Municipal
Government Unit existing under the Philippine Laws as represented by its Municipal Mayor, EDUARDO B. GADIANO, Filipino, of legal age, married and a resident of Barangay Buenavista, Sablayan, Province of Occidental Mindoro (hereinafter referred to as GRANTEE)
WHEREAS, the GRANTOR is the true and registered
owner of a certain motor vehicle, more particularly described as follows:
Make : KIA Motor No. : D6AB2065484____
Series : KIA 928 Chassis No. KAI2GAX9P12K201044 Type of Body: BUS Plate No. : PYO872___________ CR No. :189629134 MVRR No. : 1304-00000267321__
WHEREAS, the GRANTOR desires to give the GRANTEE
the right of USUFRUCT over the afore described motor vehicle with the latter having the full right to the possession, use and enjoyment of the said motor vehicle in return for it assuming the obligation to shoulder the yearly registration fee, insurance and other charges over the said motor vehicle, as well as the necessary maintenance and repairs to preserve the vehicle during the lifetime of the usufruct.
NOW THEREFORE, for and in consideration of the
mutual agreements, covenants and stipulations hereinafter set forth, the GRANTOR hereby transfers and conveys unto the GRANTEE by way of USUFRUCT the afore described motor vehicle, subject to the following terms and conditions:
1. This grant of Usufruct shall be valid and binding from
___________________ to _________________, 201____, subject to the condition that the GRANTEE shall actually retain possession and control of the motor vehicle covered by the grant;
2. The GRANTEE shall pay and be liable for all the
registration fees, insurance, taxes, licenses, duties, levies and such other charges as the Government or any of its instrumentalities and agencies may impose by reason of the use and operation of motor vehicle and/or or arising out of this agreement and its implementation;
3. The GRANTEE may make improvements on the motor
vehicle subject to this grant and may make any addition, alteration or improvements on the vehicle without the prior approval of the GRANTOR provided such additions, alteration or improvements is necessary in the safe and proper operation of the vehicle or is desirable in order to maximize the use for which it was intended;
4. The GRANTEE, shall at his own expense, make all
necessary maintenance and repairs to keep the motor vehicle in good running condition and to prevent it and all its accessories from deteriorating in value or condition during the term of the grant, ordinary wear and tear excluded;
5. Only the GRANTEE or his duly authorized agents or
employees may operate the motor vehicle and they shall have completed and unimpeded possession and use of the aforesaid vehicle during the lifetime of this grant;
6. The GRANTEE shall not lease the motor vehicle
without the express consent of the GRANTOR;
7. The GRANTOR hereby covenants with the GRANTEE
that the latter shall peaceably hold and enjoy the full use and possession of the motor vehicle afore-described during the period of the grant;
8. During the effectivity of this USUFRUCT or during the
entire time that the GRANTEE has material possession and/or control of the vehicle, the GRANTEE shall assume any and all claims or liabilities in connection with any injury or wrongful death inflicted on any person or for any damage to property caused by or arising out of the operation or use of the motor vehicle, holding the GRANTOR free and harmless from any liability thereby. Should a claim be filed against the GRANTOR, the GRANTEE undertakes that he shall immediately intervene and assume all liabilities or claims in behalf of the GRANTOR in the event that the claimant is justly entitled to his claim;
9. The GRANTOR may immediately recover possession of
the above mentioned motor vehicle and terminate the USUFRUCT should the GRANTEE violate any provisions of the GRANT or fail to comply with its obligations as a USUFRUCTUARY as provided under the New Civil Code of the Philippines, the applicable provisions of which are incorporated herein and deemed part of the provisions of the Deed;
10. Both parties acknowledge that this agreement is
entered into in good faith and shall require the faithful compliance of the respective obligations of the parties concerned and respect of each other’s rights as contained in this Deed. Any party who shall, by its action or omission, directly or indirectly be responsible for the non-implementation of any provision of this agreement shall be liable for actual, moral and exemplary damages.
IN WITNESS WHEREOF, we hereunto affix our signature this
___ of __________ 2018 in the Municipality of Sablayan, Occ. Mindoro, Philippines.
PROVINCE OF OCCIDENTAL MINDORO)S.S MUNICIPALITY OF SABLAYAN)
BEFORE ME, this ____ day of ______________, 2018 in the
Municipality of Sablayan, personally appeared SARAH GRANADO DE SAGUN, exhibiting her CTC/I.D No. ______________ issued in __________________________________, on _______________, and HON. EDUARDO B. GADIANO exhibiting his CTC/I.D. No. _______ issued in ___________________________, Occ. Mindoro on ________________________, known to me to be the same persons who executed the foregoing Deed of Usufruct and they acknowledged that the same are their free and voluntary act and deed.
This document consists of four (4) pages including the page on
which this acknowledgment is written, all signed by the parties on every page and also signed by their witnesses.