AFTER FAILURE TO MEET TERMS

THE two Deeds of Conditional Donation over two parcels of land in Barangay Pantal along the Pantal-Lucao De Venecia Highway executed in 2017 in favor of the city government (during the term of then Mayor Belen Fernandez) are deemed automatically revoked after the city government failed to build a new city hall one year after acceptance of the donation.

This was gleaned from the Notice of Revocation addressed to Mayor Brian Lim, Vice Mayor Bryan Kua and members of the Sangguniang Panlungsod dated June 10, 2022 signed by the donor, spouses Kerwin and Mary Ann Fernandez. It was read by Councilor Netu Tamayo during the SP regular session via zoom on June 21.

The two deeds of donation stipulated that the donations will be automatically cancelled if the city government fails to start the construction of a new city hall one year after the execution of these documents and acceptance of the same by the city government.

According to the Fernandez spouses, since the Dagupan City government (under outgoing Mayor Lim) decided to construct a new city hall in its present location, the donated lots will no longer be used for its intended purpose.

However, the Fernandez couple stipulated that despite the automatic revocation of the two  deeds of donation, they are “still inclined to donate anew the same properties to the City of Dagupan or such government agencies possibly for the construction of a hospital as may be determined by the Dagupan City government in consultation with appropriate government agencies.”

Donated by virtue of the two Deeds of Conditional Donation both dated 12 September 2017 were portions of a parcel of land owned by the Fernandez couple: an area of 12,000 square meters and another, 1,181 square meters. The first lot was for transferring the city government center from A.B. Fernandez Avenue and the second was to serve as the latter’s right of way.

Both deeds were executed pursuant to Ordinance 2029-2017 dated 21 May 2017 and approved by the Sanggunian on 23 June 2017 per SP resolution 7343-2017 that authorized Mayor Fernandez to accept the donations.

Taking cognizance of the notice served by Fernandez spouses, the SP—on motion of Councilor Tamayo—passed a resolution expressing the SP’s sentiment to the Fernandez couple that they donate the same parcels of land to any another public entity or entities “for any other public purposes beneficial to the people of Dagupan”.

When asked by Councilor Luis Samson Jr. about the expenses already incurred by the city government for the landfilling of the donated land, Tamayo said the donors are willing to reimburse whatever amount was spent by the city government.

Meanwhile, Councilor Dennis Canto suggested to the Fernandez couple to consider donating the two properties for the construction of a city government-owned hospital that  the Department of Health earlier pledged to support.

He said excerpt for the Region 1 Medical Center, all other hospitals in Dagupan City are privately-owned, adding it is about time that Dagupan City builds its own hospital.

In fact, he said, the DOH is looking for a lot in Dagupan where it can build Dagupan’s own hospital. (Leonardo Micua)

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