For violating the terms and conditions stipulated in the deed of donation, the Cebu Provincial Board passed a resolution revoking the 5,000 square meter property donated to the National Grains Authority (NGA, now known as National Food Authority) during its regular session on Monday, May 15.
Board Member John Ismael Borgonia of Cebu’s 3rd District sponsored the resolution calling for the cancellation of Lot No. 930 in Barangay Banilad, which was donated to NGA on August 7, 1975 during the time of former Gov. Osmundo Rama.
The NGA is tasked to grow the rice and corn industries in the country but was later disbanded through Presidential Decree 1770 which created the National Food Authority.
“The abolition of the National Grains Authority (NGA) is considered as a violation to the above-cited condition since the NGA no longer uses the said property, hence, by operation of law, the donated property has reverted back to the Province of Cebu,” a portion of Borgonia’s resolution reads.
As stipulated in the deed of donation, the lot can be reverted back to the donor if the donee vacates the property, stops using it, or moves to another property. When it is returned to the donor, all improvements done will automatically become the donor’s property, as well.
Borgonia added that the donation violated Section 2068 of the Revised Administrative Code of the Philippines because it was made without the approval of the president of the Philippines. "There being a violation to the condition of the deed of donation and the donation having no approval of the President of the Philippines, there is a need for the Sangguniang Panlalawigan of the Province of Cebu to revoke the August 7, 1975 Deed of Donation in favor of the National Grains Authority (NGA)," a portion of the resolution reads.
Borgonia said that with the passage of this resolution, Governor Gwendolyn Garcia would be able to reclaim the lot and return its ownership to the Capitol.
Earlier, the governor asked officials of the NFA to vacate their Cebu Branch along Gov. M. Cuenco Ave., and offered a new location, including to fund the construction of its new facility, either in the government center in Sudlon, Lahug; or within the Department of Agriculture compound along M. Velez Street — all are Capitol-owned properties.
The talks, however, bogged down when the NFA Central Office declined the offer.