Republic of the Philippines

CITY OF DAVAO
Office of the City Council
COMMITTEE ON RULES, PRIVILEGES, LAWS AND ORDINANCES

COMMITTEE REPORT ON ITEM NO. 1152

MEMORANDUM OF AGREEMENT (MOA) TO BE ENTERED INTO BY
AND BETWEEN MAGNOLIA IINC. AND THE CITY GOVERNMENT OF
DAVAO TO RENEW ITS PARTNERSHIP WHICH WILL SHOWCASE
THE FAMOUS DAVAO MAGOSTEEN IN NEW MAGNOLIA ICE CREAM
FLAVORS TO BE LAUNCHED IN THE FIRST QUARTER OF 2015.
Background
1. This pertains to the request of Magnolia Inc., for the enactment of an
Ordinance granting legislative authority to the City Mayor to sign for and
in behalf of the City Government of Davao the memorandum of
agreement to be entered into by and between the City Government of
Davao and Magnolia, Inc. This agreement aims to renew the partnership
between the City Government and Magnolia, Inc.
Highlights
2.

Magnolia, Inc. is a corporation duly organized and existing under

Philippine laws. It is engaged in the ice cream business. It is, in fact,
already a household name for us, Filipinos.

3. Magnolia has a popular Best in the Philippines ice cream flavor line and
is constantly developing new flavors in line with its quest to bring the
best of the Philippines to the Filipino table.
4. Davao is known for its thriving mangosteen industry.
5. The City Government of Davao may enter into joint ventures and such
other cooperative arrangements with non-governmental organizations in
order to promote, improve and develop the agricultural sector, tourism,
and other areas in public governance for the enhancement of the
economic and social well-being of the people of Davao City.
6. In July 2012, Magnolia and the City Government of Davao entered into a
partnership for the Magnolia Ice Cream Best of the Philippines Coffee
Mangosteen flavor. The partnership agreement was signed by the former
City Mayor Sara Duterte.
7. Magnolia desires to renew its partnership with this City. This time, our
famous mangosteen will be showcased in the new flavors of Magnolia Ice
Cream Best of the Philippines Collection to be launched in the first quarter
of 2015.

Item 755/Committee on Rules, Privileges, Laws And Ordinances

8.

The parties agree to tie up for Magnolias Best of the Philippines

Collection in the first quarter of 2015. Davaos famous mangosteen fruit
will be featured by Magnolia in its 1.5L tubs, 425ml pints and 60ml ICOS
of ice cream for its limited edition flavors. Along with this, Magnolia will
be featuring the slogans of Davao such as LIFE IS HERE and OUR KING
CAN FLY, the seal of the City Government of Davao, and selected tourist
spots, sightseeing attractions, and mangosteen plantations in Davao City.

9. One of the Undertakings of Magnolia is that it shall conduct free sampling

of the products during Davaos Provincial Festival 2015-2016.
10. In Paragraph (5) subparagraph (a) of the Memorandum of Agreement
(MOA), it states that:
Magnolia shall hold Davao free and harmless from any damages
or liability arising from any suit that may be filed by a consumer
in relation to any injury or death caused by defective ice cream
manufacture or preparation;
11. The City Government of Davao recognizes the significance of Magnolias
project showcasing the best of Davao City.

Recommendations
12. This Committee recommends that a Resolution with its corresponding
Ordinance be passed granting the herein request. The Resolution shall be
entitled A RESOLUTION TO ENACT AN ORDINANCE GRANTING
LEGISLATIVE AUTHORITY TO CITY MAYOR RODRIGO R. DUTERTE TO
SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF DAVAO
THE MEMORANDUM OF AGREEMENT TO BE ENTERED INTO BY AND
BETWEEN MAGNOLIA, INC. AND THE CITY GOVERNMENT OF DAVAO
TO
RENEW
ITS
PARTNERSHIP
FOR
A
COLLABORATIVE
UNDERTAKING IN FEATURING THE MANGOSTEEN FRUIT, THE SEAL
AND SLOGANS OF THE CITY OF DAVAO AS WELL AS SOME
SELECTED TOURIST SPOTS

RESPECTFULLY SUBMITTED this _________ in the City of Davao, Philippines.

SIGNED BY THE SUB-COMMITTEE MEMBERS:

Item 755/Committee on Rules, Privileges, Laws And Ordinances

COMMITTEE ON RULES, PRIVILEGES, LAWS AND ORDINANCES

HON. BERNARD E. AL-AG

Chairperson

HON. BONIFACIO E. MILITAR

S. ALEJANDRE
Vice Chairperson

Member

HON. KARLO S. BELLO

LIBRADO

HON. LEAH A.

Member

Member

17th Legislative Body

____ Regular Session
Series of 2015

Republika ng Pilipinas
SANGGUNIANG PANLUNGSOD

HON. AL RYAN

Item 755/Committee on Rules, Privileges, Laws And Ordinances

Lungsod ng Dabaw
RESOLUTION NO. __________
Series of 2015

A RESOLUTION TO ENACT AN ORDINANCE GRANTING LEGISLATIVE

AUTHORITY TO CITY MAYOR RODRIGO R. DUTERTE TO SIGN FOR AND
IN BEHALF OF THE CITY GOVERNMENT OF DAVAO THE
MEMORANDUM OF AGREEMENT TO BE ENTERED INTO BY AND
BETWEEN MAGNOLIA, INC. AND THE CITY GOVERNMENT OF DAVAO
TO RENEW ITS PARTNERSHIP FOR A COLLABORATIVE UNDERTAKING
IN FEATURING THE MANGOSTEEN FRUIT, THE SEAL AND SLOGANS OF
THE CITY OF DAVAO AS WELL AS SOME SELECTED TOURIST SPOTS.
WHEREAS, this pertains to the request of Magnolia Inc., for the enactment
of an Ordinance granting legislative authority to the City Mayor to sign for
and in behalf of the City Government of Davao the memorandum of
agreement to be entered into by and between the City Government of Davao
and Magnolia, Inc. This agreement aims to renew the partnership between
the City Government and Magnolia, Inc.
WHEREAS,
Magnolia, Inc. is a corporation duly organized and existing
under Philippine laws. It is engaged in the ice cream business. Magnolia has
a popular Best in the Philippines ice cream flavor line and is constantly
developing new flavors in line with its quest to bring the best of the
Philippines to the Filipino table.
WHEREAS, Davao is known for its thriving mangosteen industry;
WHEREAS, the City Government of Davao may enter into joint ventures and
such other cooperative arrangements with non-governmental organizations
in order to promote, improve and develop the agricultural sector, tourism,
and other areas in public governance for the enhancement of the economic
and social well-being of the people of Davao City;
WHEREAS, in July 2012, Magnolia and the City Government of Davao
entered into a partnership for the Magnolia Ice Cream Best of the Philippines
Coffee Mangosteen flavor. The partnership agreement was signed by the
former City Mayor Sara Duterte;
WHEREAS, Magnolia desires to renew its partnership with this City. This
time, our famous mangosteen will be showcased in the new flavors of
Magnolia Ice Cream Best of the Philippines Collection to be launched in the
first quarter of 2015;
WHEREAS, the parties agree to tie up for Magnolias Best of the Philippines
Collection in the first quarter of 2015. Davaos famous mangosteen fruit will
be featured by Magnolia in its 1.5L tubs, 425ml pints and 60ml ICOS of ice
cream for its limited edition flavors.
Along with this, Magnolia will be
featuring the slogans of Davao such as LIFE IS HERE and OUR KING CAN
FLY, the seal of the City Government of Davao, and selected tourist spots,
sightseeing attractions, and mangosteen plantations in Davao City;

Item 755/Committee on Rules, Privileges, Laws And Ordinances

WHEREAS, one of the Undertakings of Magnolia is that it shall conduct free

sampling of the products during Davaos Provincial Festival 2015-2016;
WHEREAS, the City Government of Davao recognizes the significance of
Magnolias project showcasing the best of Davao City;
NOW THEREFORE, be it resolved as it is hereby resolved to enact an
ordinance granting legislative authority to City Mayor Rodrigo R. Duterte to
enter into and sign for and in behalf of the City Government Of Davao the
memorandum of agreement to be entered into by and between Magnolia,
Inc. and the City Government Of Davao to renew its partnership for a
collaborative undertaking in featuring the mangosteen fruit, the seal and the
slogans of the city of davao as well as some selected tourist spots.
RESOLVED FURTHER, that copies of this resolution to enact an ordinance
be furnished to the Office of the Secretary to the Sangguniang Panlungsod,
City Mayors Office, Magnolia, Inc. and all other offices/departments
concerned, for their information and guidance.
Done this______________, Davao City, Philippines.

DR. BERNARD E. AL-AG

Floor Leader, 17th Council
Sangguniang Panlungsod
Davao City

17th Legislative Body

____ Regular Session
Series of 2015

Item 755/Committee on Rules, Privileges, Laws And Ordinances

Republika ng Pilipinas
SANGGUNIANG PANLUNGSOD
Lungsod ng Dabaw

ORDINANCE NO. _______

Series of 2015

AN ORDINANCE GRANTING LEGISLATIVE AUTHORITY TO CITY MAYOR

RODRIGO R. DUTERTE TO ENTER INTO AND SIGN FOR AND IN BEHALF
OF THE CITY GOVERNMENT OF DAVAO THE MEMORANDUM OF
AGREEMENT TO BE ENTERED INTO BY AND BETWEEN MAGNOLIA,
INC. AND THE CITY GOVERNMENT OF DAVAO TO RENEW ITS
PARTNERSHIP FOR A COLLABORATIVE UNDERTAKING IN FEATURING
THE MANGOSTEEN FRUIT, THE SEAL AND THE SLOGANS OF THE CITY
OF DAVAO AS WELL AS SOME SELECTED TOURIST SPOTS.
that:

Be it ordained by the Sangguniang Panlungsod of Davao City in session assembled

SECTION 1. TITLE This ordinance shall be known as AN ORDINANCE

GRANTING LEGISLATIVE AUTHORITY TO CITY MAYOR RODRIGO R. DUTERTE
TO ENTER INTO AND SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT
OF DAVAO THE MEMORANDUM OF AGREEMENT TO BE ENTERED INTO BY AND
BETWEEN MAGNOLIA, INC. AND THE CITY GOVERNMENT OF DAVAO TO
RENEW ITS PARTNERSHIP FOR A COLLABORATIVE UNDERTAKING IN
FEATURING THE MANGOSTEEN FRUIT, THE SEAL AND THE SLOGANS OF THE
CITY OF DAVAO AS WELL AS SOME SELECTED TOURIST SPOTS.
SECTION 2. DECLARATION OF POLICY - Section 455, (b) (1) (vi) of the Local
Government Code provides, to wit:

For efficient, effective and economical governance the purpose of

which is the general welfare of the city and its inhabitants pursuant to
Section 16 of this Code, the city mayor shall represent the city in all its
business transactions and sign in its behalf all bonds, contracts, and
obligations, and such other documents upon authority of the
Sangguniang Panlungsod or pursuant to law or ordinance
SECTION 3. AUTHORITY The City Mayor Rodrigo R. Duterte is hereby granted
legislative authority to sign, for and in behalf of the City Government of Davao, the
Memorandum of Agreement to be entered into by and between Magnolia, Inc. and the City
Government of Davao to renew its partnership for a collaborative undertaking in

featuring the mangosteen fruit, the seal and the slogans of the City of Davao
as well as some selected tourist spots.
SECTION 4. SEPARABILITY CLAUSE If for any reason, any section or provision of
this ordinance is declared unconstitutional or invalid, other sections or provisions hereof not
affected by such declaration shall continue to be in full force and effect.
SECTION 5. EFFECTIVITY CLAUSE This Ordinance shall take effect immediately
upon approval.
ENACTED, ___________, by a majority vote of all the Members of the Sanggunian
present.

Item 755/Committee on Rules, Privileges, Laws And Ordinances