MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENT:

This Memorandum of Agreement (MOA) for the designation of an abode as
temporary evacuation shelter is made and entered into by and between:

____________________________________
(NAME OF HOUSEHOLD OWNER)

a Filipino citizen, _______ years of age, with postal address at

______________________________, hereinafter referred to as the OWNER.

-and-
The LOCAL GOVERNMENT UNIT OF KALIBO, a local government unit
organized and existing under and by virtue of the laws of the Republic of the
Philippines, with principal office address at Municipal Hall,Brgy. Poblacion, Kalibo,
Aklan, represented in this act by its Mayor, HON. JURIS B. SUCRO, hereinafter
referred to as “LGU- Kalibo;”
WITNESSETH:
WHEREAS, pursuant to the policy, functions, and powers of the LGU KALIBO which
are:
1. The provision of shelter to persons exposed to risk before, during, and/or after a
calamity or disaster;
2. The facilitation of evacuation procedures;
3. The determination of appropriate evacuation shelters; and
4. The sufficient provision for evacuees during their stay in designated evacuation
shelters.
WHEREAS, the LGU KALIBO, in implementing the full mandate of the law, is
committed not only to safeguard the lives and properties of its constituents but also to
provide evacuated persons with basic necessities in order to maintain their normal living
conditions within accepted standards.
WHEREAS, the OWNER has manifested his/her commendable altruistic intention and
desire to help the LGU KALIBO in performing its afore-mentioned mandates by lending
their abode as a “Designated Evacuation Shelter”. The OWNER has allowed a pre-
determined number of evacuees into his/her home.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE FOREGOING
PREMISES, the OWNER and the LGU KALIBO have mutually agreed upon the
following terms and conditions:

SECTION 1 – REPRESENTATION AND WARRANTIES

The OWNER represents and warrants that he/she has due custody of his/her
residence and that he/she is entering this agreement in good faith.
The LGU KALIBO represents and warrants that it has full power and authority to
enter into this Memorandum of Agreement as prescribed under Republic Act No. 10121,
otherwise known as the Philippine Disaster Risk Reduction and Management Act of
2010.

SECTION 2 – OBLIGATIONS OF THE LGU KALIBO

In fulfilling its mandate under the law, the obligations of the LGU KALIBO
include, but are not limited to, the following:
1. Ensure the safety of everyone in the designated evacuation areas;
2. Provide basic necessities during evacuation;
3. Assist the OWNER in preparing the Designated Evacuation Shelter prior to any
impending calamity or disaster; and
4. Provide assistance to the OWNER in restoring and repairing any damage to the
Designated Evacuation Shelter acquired during the evacuation period.

SECTION 3 – OBLIGATIONS OF THE OWNER

In taking part in the LGU KALIBO’s performance of its mandate under the law
and in extending humanitarian assistance to those in need, the obligations of the
OWNER include, but are not limited to, the following:
1. Allow the pre-determined number of evacuees to enter and to stay in his/her
abode during the evacuation;
2. Help the LGU KALIBO in ensuring the safety of the evacuees;
3. Coordinate with the LGU KALIBO for any update regarding the situation of the
evacuees at the soonest possible time;
4. Ensure that the Designated Evacuation Shelter is prepared prior to any
impending calamity or disaster;
5. Inform the LGU KALIBO of the necessary actions needed in preparing the
Designated Evacuation Shelter and ask the LGU KALIBO for assistance, if such
is required; and
6. Inform the LGU KALIBO of the necessary actions needed in restoring and
repairing any damage to the Designated Evacuation Shelter and ask the LGU
KALIBO for assistance, if such is required.

SECTION 4 – EFFECTIVITY AND AMENDMENT

This Memorandum of Agreement (MOA) shall take effect immediately upon
signing by both parties and shall remain in effect for a period of five (5) years from that
date unless earlier terminated. Neither party may assign or transfer all or any portion of
this MOA without prior written consent of the other party.
The MOA may be renewed at the end of this period by mutual written agreement
by both parties.
The individuals signing this MOA on behalf of their respective entities represent
and warrant (without personal liability therefor) that upon the signature of each, this
MOA shall have been duly executed by the entity each represents.

SECTION 5 – WAIVER AND CUMULATIVE RIGHTS

Except as otherwise specifically provided herein, any party may waive any right
of such party under this MOA by an instrument signed in writing by such party. Except
as specifically provided herein, the failure or delay of any party to enforce at any time
any of the provisions of this MOA shall in no way be construed to be a waiver of any
such provision nor in any way to affect the validity of this MOA or any part hereof or the
right of any party thereafter to enforce each and every such provision. No waiver of any
breach of or non-compliance with this MOA shall be held to be a waiver of any other or
subsequent breach or non-compliance. Except as specifically provided herein, all
remedies, either under this MOA or by law or otherwise afforded, will be cumulative and
not alternative.

SECTION 6 – NON-LIABILITY CLAUSE

This Memorandum of Agreement shall not in any manner create an employer-
employee relationship between the OWNER and the LGU KALIBO.

IN WITNESS WHEREOF, the parties hereunto set their hands on this ________
day of _________________, 20____, in ___________________________, Philippines.

LGU KALIBO OWNER

HON. JURIS B. SUCRO By:

Municipal Mayor Home Owner
WITNESSED BY:

_______________________________ _________________________
 ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)

KALIBO, AKLAN )

BEFORE ME, a Notary Public, for and in _____________ this _____________

day of ____ 2023, personally appeared the following:

Name Government-Issued Place/Date/Issued/Valid Until

Identification No.

Known to me and to me known to be the same persons who executed the foregoing
instrument and acknowledged to me that the same is their free and voluntary act and
deed, and that of the institution they respectively represent.

The foregoing instrument refers to a Memorandum of Agreement consisting of

four (4) pages including this page whereon this Acknowledgement is written, signed by
the parties and their instrumental witnesses on the left hand margin of each and every
page thereof.

WITNESS MY HAND AND NOTARIAL SEAL on the date and the place first
above written.

Doc. No. _______:

Page No. _______:
Book No. _______:
Series of 2023