MEMORANDUM OF AGREEMENT

FOR THE ESTABLISHMENT OF MODEL AGROFORESTRY FARM

WITH AN AREA OF 50 HECTARES
LOCATED AT BRGY. CALITLITAN, UMINGAN, PANGASINAN

KNOW ALL MEN BY THESE PRESENTS:

6 th day of
This Memorandum of Agreement made and entered into this __
__________________
July 2020, by and between:
THE PROVINCIAL ENVIRONMENT AND NATURAL RESOURCES OFFICE of
DENR-REGION 1, a government agency organized and existing under Philippine laws,
with office address at AB Fernandez West, Dagupan City, Philippines, herein
represented by its OIC, PENR Officer ENGR. RAYMUNDO C. GAYO (hereinafter
referred to as “DENR”);

-and-

“PROVINCE OF PANGASINAN, a Local Government Unit duly created and existing

under the laws of the Republic of the Philippines with postal address at Capitol Building,
Capitol Compound, Lingayen, Pangasinan herein represented by its Governor, AMADO
I. ESPINO III, Filipino citizen, of legal age and with office address at the Office of the
Governor, 2nd Floor Capitol Building, Capitol Compound, Lingayen, Pangasinan and
hereinafter referred to as PANGASINAN;

RECITALS

WHEREAS, the DENR, a government agency created by Executive Order No. 192, is prime
mover in the pursuit for suitable development, protection, conservation and management of the
environment and natural resources for the present and future generations;

WHEREAS, there is an urgent government call for all sectors of society to collaborate and unify
efforts towards natural resources development and environmental management to enhance the greening
activities of the country through the ENHANCED NATIONAL GREENING PROGRAM pursuant to
Executive Order No. 193, Series of 2015;

WHEREAS, PANGASINAN has signified its intention to lead and to be actively involved in
rehabilitation, maintenance and protection of identified upland areas;

WHEREAS, the DENR thru its concerned PENRO (Provincial Environment and Natural
Resources Office) and CENRO (Community Environment and Natural Resources Office), has identified
a 50-hectare reforestation area within CY 2014 NGP site located at Brgy. Calitlitan, Umingan,
Pangasinan as potentially suitable for upland rehabilitation and conservation, which is beneficial in
preserving the said upland community and its resources;

WHEREAS, the Parties are committed to support the implementation of the Enhanced National
Greening Program (E-NGP) in the Province of Pangasinan to address resource conservation,
environmental protection, and climate change mitigation and adaptation;

WHEREAS, the Parties acknowledge that the environmental protection and enhancement is a
shared responsibility of both the private and public sectors which should collaborate, unify, and
strengthen efforts towards the realization of the total human development;

NOW THEREFORE, for and in consideration of the foregoing premises, the Parties hereby
agree and enter into this MOA under the following terms and conditions;
Section 1. PROJECT COMPONENT

The Partner: “PANGASINAN” shall have the following components, details of which are
attached hereto as Annex A and made an integral part of this MOA:

1. Retain and maintain the existing timberland in the adoptive site and allow intercropping of
species such as fruit bearing trees, agri-crops, etc. within the 50-hectare land situated within the
turned over NGP site located in Waeg Pamayor, Brgy. Calitlitan, Umingan, Pangasinan;

2. Monitoring, maintenance and protection, and evaluation of the plantation; and

3. Organizational capacitation of the local government to manage, sustain and grow viable
community enterprises.

Section 2. RIGHTS AND OBLIGATION OF THE PARTIES

A. THE DENR (PENRO, CENRO) shall:

1. Provide policy directions to ensure proper implementation of the Project under existing rules
and regulations;

2. Assist the PARTNERS in coordination the project implementation with the LGU concerned;

3. Assist the PARTNERS in conducting of periodic field inspection/validation and monitoring

and evaluation of the Project;

4. Provide technical assistance in the delineation and allocation of the 50-hectare forestland
plantation located at Brgy. Calitlitan, Umingan, Pangasinan;

5. Enable PANGASINAN to access and utilization of relevant information that concerns the
whole project (including but not limited to publications, information rights, legal verdict,
social technology models, etc.)

6. Assist the PARTNERS in Project implementation by providing technical assistance such as

but not limited to plantation establishment, maintenance and protection, site-species
suitability, Geo-tagging, once a quarter monitoring, sharing of relevant datasets and

7. DENR shall issue certification that the site is forest land and not subject for private
ownership or titling;

8. Conduct assessments and trainings with appropriate line agencies (DAR, DA, LGU) to
determine technical data or information such as soil sampling, plant species suitability,
forestry management, among others.

B. PANGASINAN shall:

1. Serve as implementers of the Project specifically with respect to land preparation and tree
plantation establishment, with the guidance of PENRO/ CENRO;

2. Mobilize its members towards ensuring the viability of the plantation site by applying
appropriate management techniques in sustaining at least 85% of the total planted area for the
agreed period of 5 years;

3. Initiate recourse methodologies if the viability of the planted materials falls below 85% -
towards replanting/replacement - or applying appropriate technologies for off-setting at their
own costs;
 4. Provide maintenance care of the plantation site, including all its equipment/ apparatus, etc.

5. Submit monthly monitoring and progress reports to DENR concerned offices.

Section 3. FUNDING

A. PANGASINAN shall:

1. Provide funding for the following project costs

a. Purchase of stock seedlings

b. Site Preparation and Planting; and

c. Plantation Maintenance and Protection

B. DENR shall:

a. Shoulder costs associated to plantation monitoring and geo-tagging

b. Shoulder costs for regular evaluation meetings

Section 4. TERM

This Agreement shall have a term of five (5) years commencing upon the signing of this
Agreement.

Section 5. SEPARABILITY CLAUSE

Should any part of this Agreement be judicially declared null and void, such nullity shall not
affect the validity of the remaining provisions hereof.

Section 6. BREACH OF CONTRACT

The violation or omission by any PARTNER of any of the provision of this Agreement shall be
ground for the cancellation or rescission of the Agreement by any of the other PARTNERS and notified
through a written notice (30 days prior to effect) without need for legal or court action.

Section 7. GOVERNING LAW

This Agreement shall be governed and construed in all respects, by the Laws of the Republic of
the Philippines.

Section 8. JURISDICTION OF COURTS

The PARTNERS herein agree that any legal action, suit or proceeding arising out of or relating to
this Agreement shall be instituted exclusively in the courts in Lingayen, Pangasinan, Philippines, to the
exclusion of all the other courts.

Section 9. FORCE MAJEURE

The PARTNERS are excused from performance and shall not be liable for any delay in delivery
or for non-delivery, in whole or in part, of any of their obligation under this Agreement as a result of the
occurrence of any contingency beyond the control of the PARTNERS including, but not limited to, work
stoppage, civil disobedience, riot, rebellion, accident, explosion, flood, storm, acts of God and other
similar occurrences.
 Section 10. NO WAIVER; REMEDIES CUMULATIVE

No provision of this Agreement shall be considered waived except when such waiver is made in
writing. No failure or delay on the part of any PARTNER in exercising any right, power or privilege here
under shall impair any such right, power or privilege or operate as a waiver hereof. The rights, powers
and remedies herein expressly provided are cumulative and not exclusive of any right or remedies that the
PARTNERS would otherwise have under applicable law.

Section 11. ASSIGNMENT

None of the PARTNERS may assign any of its rights nor obligations under this Agreement to a
third party, except with prior written consent of the other PARTNERS.

Section 12. COUNTERPARTS

This Agreement may be executed simultaneously in any number of counterparts, each of which
shall be deemed an original but all of which together shall constitute one and the same instrument.

Section 13. COOPERATION

The PARTNERS hereby bind themselves to fully cooperate for the successful implementation of
the Project under the Enhanced-National Greening Program.

Section 14. EXTENSION

The project life maybe extended subject to the written approval of all PARTIES.

Section 15. EFFECTIVITY

This agreement shall take effect once the MOA is signed and continued until December 31, 2024.

This Agreement shall take effect upon signing of the PARTNERS concerned and shall remain in
force unless terminated by mutual agreement of all PARTNERS.

IN WITNESS WHEREOF, the PARTNERS hereto affixed their signatures this _____ day of _____ at
______________, ____________, Philippines.

ATTY. CRIZALDY M. BARCELO, CESO III HON. AMADO I. ESPINO III

Regional Executive Director, DENR Region 1 Governor, Province of Pangasinan

Witnesses

FORESTER FELIX C. TAGUBA ENGR. RAYMUNDO C. GAYO

Asst. Regional Director for Technical Services, DENR Region 1 PENR Officer, DENR-PENRO

HON. MICHAEL CARLEONE M. CRUZ ENGR. RONNIE M. JACINTO

Municipal Mayor, Umingan OIC, CENRO, Eastern Pangasinan

HON. VIRGILIO G. BUMATAY, JR. FORESTER NATHANIEL L. PULIDO

Barangay Captain, Calitlitan Supervising Environmental Management Specialist
ENRO-NRRG
 ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES}

___________________________} S.S.

BEFORE ME, a Notary Public for and in the ________________ this day of
_______________________, personally appeared:

Name Competent Evidence of Date and Place of Issue

Identity
AMADO I. ESPINO III
RAYMUNDO C. GAYO

known to me and to me known to be the same persons who executed the foregoing MEMORANDUM OF
AGREEMENT consisting of seven (6) pages including this page where the acknowledgement is written
and acknowledged that the same is their voluntary act and deed.

WITNESS MY HAND AND SEAL at _____________ this day of _________________.

NOTARY PUBLIC

Doc. No. _________

Page No. _________
Book No. ________
Series of 2019
Technical Description of Coordinates
Insert CBFM document of SPBC

ANNEX C: List of additional plan documents to be developed

1.) Expanded Managment Plan

2.) Community Development Plan
3.) Feasibility Study and Profit Sharing Calculation