\ — Y Office of the President ane f NATIONAL HOUSING AUTHORITY “BALAI. \ hip ae NHA Memorandum Circular No. 2019 _ 012 GUIDELINES FOR THE TURNOVER OF NHA PERMANENT RESETTLEMENT PROJECTS FOR AFFECTED FAMILIES OF TROPICAL STORM (TS) PABLO TO THE PROVINCIAL GOVERNMENTS OF COMPOSTELA VALLEY AND DAVAO ORIENTAL SUBJEC ‘As per Management directive to immediately transfer and turnover the NHA permanent resettlement projects for affected families of Tropical Storm (TS) Pablo to the Provincial Government of Compostela Valley and Davao Oriental, the following guidelines are hereby prescribed 1 BACKGROUND Tropical Storm Pablo devastated the Provinces of Compostela Valley and Davao Oriental on December 4, 2012, which resulted to damages and loss of lives and properties. This prompted the government to declare a state of calamity in the areas. To address the housing needs of the affected families, the NHA adopted the Community Initiative Approach Program (CIAP) for the development of resettlement sites for permanent housing. This is pursuant to NHA Board Resolution No. 5705, dated November 21, 2013. A total of SEVENTEEN THOUSAND FOUR HUNDRED SEVENTY-SEVEN (17,477) developed lots with housing units were developed as follows’ Compostela Valley Province - 14,258 Province of Davao Oriental - 3,219 Pursuant to NHA Board Resolution No. 5843 dated December 2, 2014, NHA Memorandum Circular No. 2685 dated December 11, 2014 was issued prescribing the Guidelines on the Disposition of Lots with Housing Units for Qualified Families/Households Affected by Tropical Storm “Pablo” in NHA- Administered Resettlement Sites. It was stated that the disposition shall be undertaken in two categories, either thru Grant or through Financing Scheme. On February 8, 2017 during the Housing Summit at the NHA Covered Court, NHA Compound, Elliptical Road, Quezon City, President Rodrigo Roa Duterte made a pronouncement that all families affected by TS Pablo shall be awarded developed lots with housing units through full grant. 1 <2 controue cory = 1 Quezon Memorial Eliptical Road, Diliman, Quezon City 1100 Trunkling No, (02) 790 { Dodie Son oe Os [ReesCGE a Te amour et ea are mes or onc omar * Page ot On August 30, 2017, a Memorandum of Agreement was executed by and Doong the NHA, Provincial Government of Compostela Valley and concerned Ceveloper re: turnover of Pablo Projects to the Provincial Goverment of Compostela Valley. Under this Agreement, the documentation of award wae based on the NHA Board Resolution No. 5843 dated December 2 9014 ang Issued NHA Memorandum Circular No. 2685 dated December 11, 2014 Proseribing the Guidelines on the Disposition of Lots with Housing Unite for puaitied Families/Households Affected by Tropical Storm “Pablo” in NHAL Administered Resettlement Sites. GUIDELINES AND PROCEDURES 2.1 All completed permanent resettlement projects shall be tuned over (acuigh the execution of a Memorandum of Agreement (MOA) (Annex “A") and a Deed of Donation and Acceptance (OODA) {Annex “B”) to be signed by the General Manager, the Governors of the Province of Compostela Valley and Davao Oriental and concerned Developers. The previously signed MOA shall be amended to take into consideration the full grant policy and roles of the contracting parties. The Memorandum of Agreement is the legal document that will be executed by the National Housing Authority (NHA), Provincial Government of Compostela Valley and Davao Oriental (Province) and Concerned Developer. The Memorandum of Agreement shall cover the turnover of the whole Typhoon Pablo projects and accountability to the Province and the subsequent turnover thereof to the concerned Municipality for the purpose of awarding the units to the project beneficiaries. It shall precede the execution of the Deed of Donation and Acceptance (DODA). The DODA is the Legal document that will transfer the physical components of the project/s, documentation and the responsibility for project administration from the NHA to the Province. The Province shall cause the award, transfer/relocation and occupancy of the turned-over completed housing units. This would be followed by the execution of the Corresponding Deed of Donation between the Province and the project beneficiary (Annex “C"), 2.2 The following physical components, documentation and responsibilities shall be transferred and turned over to the Provincial Government of Compostela Valley and Davao Oriental. 2.2.1 Physical Components Fully developed lots and completed housing units Electrical and water system Road networks (roads, alleys, footpaths, open spaces) Drainage system Community Facilities Sa0c9 4eF CONTROLLED COPY oes se, Teoma23 Page 34 2.2.2 Documentation Approved Land Development As-Built Plans a b. Land Management Services (LMS) Approved Subdivision Plan c. Certified True Copy of Individual Technical Descriptions d. Owner's Duplicate Copy of individual Lot Titles ©. Owner's Copy of Individual Tax Declaration f. Final Inventory and Quantification (as applicable) 2.2.3 Project Administration a. Selection of Beneficiaries and documentation of awards under a full grant policy. b, Transfer and movement of affected families to their housing units. ©. Administration, operation and maintenance of the completed components and improvement of the same in accordance with its functions and responsibilities. The NHA District Office shall coordinate with the Provincial Government of Compostela Valley and Davao Oriental informing them of the target, timelines for completion of the NHA permanent resettlement housing Project and the following requirements and conditions for transfer to be submitted to NHA 2.3.1 Sangguniang Panlalawigan Resolution authorizing the Provincial Governor to accept the completed physical components, documentation and project administration including power and water supply system for its administration, operation, management and/or maintenance 2.3.2 Final List of Beneficiaries approved by the Governor 2.3.3 Occupancy Permit for the Project 2.3.4 Certificate of Acceptance and Occupancy (CAO) 2.3.5 Certification that the project is compliant to the requirement for an Environmental Compliance Certification (ECC) and Development Permit particularly in the provision of planting one tree per generated lot ee com ‘i? CONTROLLED COPY ay l ; < pas mn ContoreriOale ShahanCACM TU OF remanent MEST Leen ps 863 MW. REQUIREMENTS FOR MOVEMENT OF FAMILIES TO THEIR DESIGNATED LOTS/HOUSING UNITS. 31 The concemed Province shall be primarily Moving/resettling the families to their assigned units 3.2 Prior to occupancy of the unit, the Province shall ensure that the beneficiary sign the Certificate of Acceptance and Occupancy (CAO) of the unit, attesting that he has inspected the unit and is accepting the ‘same in good condition. For recording and monitoring purposes, the Signed CAOs of the units shall immediately be submitted to NHA per project preferably after each scheduled movement of families to the site is conducted, fesponsible for §V. CLOSING OF NHA ACCOUNTING BOOKS AND UPDATING THE LOT INVENTORY SYSTEM 41. Upon signing of the DODA, the District Office, through the Regional Manager shall forward a copy of the DODA to the following Departments: @. Accounting Department to initiate the closing of the Book of Accounts b. Estate Management Deparment to initiate the process for updating the Lot Inventory System an €. Communications and Records Division, General Services Department for records purposes V. The Regional Office shall be responsible in ensuring the smooth transfer and tumover of their respective resettlement projects to the Province. Vi. EFFECTIVITY ffs Memorandum Circular shall take effect immediately. MARTELINO P. ESCALADA, JR. Peneral Manager yg Date: _22 May 2019 CONTROLLED COPY 714 ieee BansAnnex *A” MEMORANDUM OF AGREEMENT (location) KNOW ALL MEN BY THESE PRESENTS: This MEMORANDUM OF AGREEMENT made and entered into this ___ day of 2019 in by and among: The NATIONAL HOUSING AUTHORITY, a government owned and controlled corporation created and existing pursuant to the provisions of Presidential Decree No. 757, as amended, with principal office address. at the NHA Building, Eliptical Road, Diliman, Quezon City, represented in this Act by its General Manager, MARCELINO P. ESCALADA, JR., hereinafter referred to as the "NHA"; The PROVINCIAL GOVERNMENT OF , agovernment unit duly organized and existing under the laws of the Republic of the Philippines with office address at . fepresented in tis Act By ia Goveror, HON, ; hereinafter referred to as the ‘PROVINCE -and- Trea duly organized private entity and existing by virtue of the laws of the Republic of the Philippines, with Principal office located at tepresented by its President/CEO, hereinafter referred to as the DEVELOPER”. -WITNESSETH: That- WHEREAS, the NHA implemented the development of Project, located at , @ permanent housing roject for the families affected by Tropical Storm (TS) Pablo; WHEREAS, pursuant to NHA Board Resolution No.5843 dated December 2, 2014, NHA Memorandum Circular No.2685 dated December 11, 2014 was issued Prescribing the disposition of developed lots with housing units under the NHA. Permanent Resettlement Program for qualified families/household affected by Tropical Storm ( TS) Pablo; and those families living in danger areas and no build zones; WHEREAS, the full grant policy is based on the pronouncement of President Rodrigo Roa Duterte during the Housing Summit conducted last 08 February 2017 at the National Housing Authority Compound, Elliptical Road, Diliman, Quezon City; a me se? CONTROLLED COPY | 51% iConueieroae |Memorandum ot Agreement ‘Tumover of the (1S Pabio Permanent Hovsng Proc) Page Fart WHEREAS, there is a need to transfer the completed Project to the PROVINCE including the award, transfer/relocation and the occupancy of the units to the beneficiaries to enable said government unit to administer, operate, maintain the ‘completed components and utilize, maintain and/or improve the same in accordance with its function and responsibilities pertaining to such facilities; WHEREAS, pursuant to Sangguniang Panlalawigan Resolution No. dated the Governor was authorized to accept the completed house and Tot units including power and water supply system from the NHA for its administration, operation; management and/or maintenance of the abovernentioned components. hereto attached as Annex “A” WHEREAS, pursuant to Board Resolution No. 4115 dated May 27, 1999, the NHA. General Manager was authorized to transferidonate completed project components falling under the operation/maintenance of other agencies; NOW, THEREFORE, for and in consideration of the foregoing premises and the ‘mutual covenants herein contained, the PARTIES do hereby bind themselves and agree to the following: ARTICLE| ‘SCOPE OF AGREEMENT This Memorandum of Agreement shall cover the turnover of all completed Tropical Storm Pablo Permanent Resettlement Projects through the execution of a Deed of Donation and Acceptance by and between NHA and the PROVINCE for the transfer of the physical components of the project, documentation and the responsibilty for project administration to concerned LGUs. ARTICLE Il ROLES AND RESPONSIBILITIES 2.1 The NHA shall: 2.1.1 Turn-overttransfer the completed TS Pablo Permanent Resettlement Projects to the concerned PROVINCE i.e. physical components, documentation and responsibilities for project administration: 1. Physical Components Fully developed lots and completed housing units Electrical and water system Road network (roads, alleys, footpaths, open spaces) Drainage System ‘Community Facilities eaoce a Fig CONTROLLED coPY carta) aa Be22 arn 2. Documentation As- Built Plans, Approved Subdivision Plan Certtitied True Coy Owner's Duplicat Final inventory ai PY Of Individiial Tochnical Dos le Copy of Individual {ot Titles nd Quantification (as applicable) 3. Project Administration @. Selection of Benefi p, {ll grant potey . Transfer and movement of affected families to their hi led families to their housing units & Administration, operation and maintenance. of tho. comploted | ‘components and improvement of the same in accordance with iis | functions and responsibilties eao0cn iiaries and Documentation of awards under a 1 241.2 cocina with the concerned PROVINCE on the target timelines for ' © completion of the permanent resettoment project and. the \ Submission of requirements and candtons for anster, | 21.3 Provide technical assistance to the PROVINCE, upon request. i 2.1.4 Not be held liable in case of occurrence of construction ~related injuries to people or property and the same should be borne by the Developer The PROVINCE shall 2.2.1 Cause the award, transfer/relocation and occupancy of the turned-over completed housing units; 2.2.2 Primarily be responsible for movinglresettiing the qualified families to their assigned units; 2.2.3 Ensure that the beneficiary signs the Certificate of Inspection and i ‘Acceptance (CIA) of the unit prior to his/her occupancy. The signed CIA shall immediately be submitted to NHA by batches per project preferably, after each scheduled movement of families to the site is, conducted for recording and monitoring purposes; | \ | 2.2.4 Issue the necessary permits/clearances, to include the Occupancy Permit, in connection with the transfer of beneficiaries; 22.5 Submit the following requirements as conditions for transfer, to the NHA: ‘a. Sangguniang Panlalawigan Resolution authorizing the Provincial Governor to accept the completed house & lot units including, ne eet wen ‘ut CONTROLLED COPY Kevacie) ContohorDate Lo23 226 227 228 229 Memorandum of Agreement Turnover othe (TS Pablo Pesmanent Housing Protec) dacatgn) Pape ta? Power & water supply syster andlor maintenance” SYS fits administration, management Fina List of Benefiaries iclris as approved by the Govern © Gonicaton thatthe project is compliant wo the eer nent for an ‘n¥ronmental Compliance Cerificate (ECC) and he Develoronan Permit particularly on the provisi arnt pasa Provision of planting one tree per Sian the DODA of all completed Pablo Permanent Resettlement TEAC. Pursuant to the provisions of P.D. 967 as amended by PD. Not alter or modify the use of the property/eomponent nor shall cede, Sell, transfer o lease or in any manner encumber or dispose of, in \whole or in part, the abovementioned components without prior written Approval of the NHA Board of Directors. Ensure the proper use and maintenance of the open spaces within the Project, to include the greening of the project by planting trees and other vegetable cover. Provide the necessary expenses relative to the administration, operation, maintenance, and rehabilitation of said faclities under its account, ‘The DEVELOPER shall: 234 232 233 234 Be responsible forthe corrective/ repair works on land and housing units found defective by the PROVIAC Composite Team to be accomplished/completed with (_ ) days from receipt of the notice/demand/tequest from the PROVINCE; Request the PROVIAC Composite Team to inspect and validate its compliance upon full accomplishment of corrective repair works undertaken, and thereafter, receive the corresponding Certificate of ‘Completeion from the Province Prepare and submit the Approved Land Development As-buit Plans of the Project, through the NHA, for turn over to the Province. Be responsible for all the damages and losses of whatever nature that may be suffered by the beneficiary or other person/s as a result, directly ‘or indirectly on the fauit or negligence of the Contractor/Developer in the ‘execution of its work or performance of its undertaking involving the lot {and or housing unit subject of this contract or other lots and or housing units/s “iP CONTROLLED COPY Zz K-21) TConraterOareARTICLE tit OTHER PROVISIONS 31 The PARTIES represent that they have the requis capacity to enter i ment and to ae nto this Agreement and to sevens undertakings according to the neh Power. authority and their obligations and terms and conditions hereof. 32 Itis understood that the failure of the PARTIES to demand strict compliance of Fok be cacCf the terms and conditions ofthis Memorenacny Agreement shall nol pe construed as a waiver and/or estoppel on ther Parts for the enforcement of their rights in connection herewith 33 Ni e 34 This Memorandum of Agreement may be modified or revised by a written request of the PARTIES citing therein specific clause(s) to be revised or Modified and the corresponding amendment(s) thereto. ARTICLE IV EFFECTIVITY Tn's Memorandum of Agreement shall take effect upon ratification by the Sangguniang Panlalawigan of the PROVINCE and shall remain in effect unless otherwise earlier terminated or upon satisfaction of the objectives for which this Agreement has been forged IN WITNESS WHEREOF, the PARTIES have hereunto set their hands this day of, 2019 in Philippines. NATIONAL HOUSING AUTHORITY By: MARCELINO P. ESCALADA, JR. General Manager PROVINCIAL GOVERNMENT OF By Road, Diliman, Quen City 1100 Tune bo. (02) 790-0800; he % Quezon Memorial Elliptical Road, Diliman, Q ; eet