Res. No. 32, S. 2004.doc

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON
SEPTEMBER 08, 2004, AT THE CITY HALL.


PRESENT:

Hon. Rolen C. Paulino - - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - “ “
Hon. Teodoro D. del Rosario - - - - - - - - - - “ “
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Brian Patrick H. Gordon - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Napoleon F. Capistrano- - - - - - - - - - - President, Liga ng mga Barangay
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President

ABSENT:

None.


RESOLUTION NO. 32
(Series of 2004)

A RESOLUTION RATIFYING THE WAIVER OF POSSESSORY
RIGHTS ENTERED INTO BETWEEN HON. JAMES GORDON, JR.,
CITY MAYOR OF OLONGAPO CITY AND JULIANA SEVILLA


WHEREAS, pursuant to Section 22, of Republic Act 7160, otherwise known as “The Local Government Code of 1991” which states:

“Corporate Powers” – (a) Every local government unit, as a
corporation, shall have the following powers:

1. To have continuous succession in its corporate name;
2. To sue and be sued;
3. To have and use a corporate seal;
4. To acquire and convey real or personal property;
5. To enter into contracts; and
6. To exercise such other powers as are granted to corporations
subject to the limitations provided in this Code and other laws.

WHEREAS, pursuant to Article 1318 of the Civil Code of the Philippines laid down the essential requisites of a contract to wit:


Con’t. of Resolution No. 32, Series of 2004.

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“There is no contract unless the following requisites concur:

1. Consent of the contracting parties;
2. Object certain which is the subject matter of the contract;
3. Cause of the obligation which is established (1261)”

WHEREAS, after a careful deliberation and perusal of the Waiver of Possessory Rights executed between Juliana Sevilla, Transferor and Hon. James Gordon, Jr., City Mayor of Olongapo City, taking into account the right of the transferor to transfer her Possessory Rights the same complied with the essential requisites of a valid contract.

NOW, THEREFORE, on motion of Councilor Noel Y. Atienza, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to ratify, as it hereby ratifies the Waiver of Possessory Rights entered into by Juliana Sevilla, Transferor and Hon. James Gordon, Jr., City Mayor of Olongapo City.

RESOLVED, AS IT IS HEREBY FURTHER RESOLVED, that a signed copy of the said Waiver of Possessory Rights be attached to this resolution.

APPROVED UNANIMOUSLY, September 08, 2004.



ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor


TEODORO D. DEL ROSARIO BELLA P. ASUNCION
City Councilor City Councilor


MAREY BETH D. MARZAN ANGELINA B. ANDRADA
City Councilor City Councilor


BRIAN PATRICK H. GORDON ANSELMO A. AQUINO
City Councilor City Councilor


EDWIN J. PIANO GINA G. PEREZ
City Councilor City Councilor

Con’t. of Resolution No. 32, Series of 2004.

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NAPOLEON F. CAPISTRANO ROBINE ROSE C. BUENAFE
President, Liga ng mga Barangay SK Federation President



ATTEST:


ELFLIDA S. SALMON
City Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor

ATTEST:


DELFIN A. JUICO, JR.
Secretary to the City Mayor