MEMORANDUM OF AGREEMENT

This Memorandum of Agreement (“Agreement”) is entered into this

_________________, by and between:

The PROVINCE OF ______, a local government unit existing under the laws of the
Republic of the Philippines, with office address at __________, represented by the
Head of the Procuring Entity, _________, hereinafter referred to as the “FIRST
PARTY;”

-and-

The _____________, a national government agency duly organized and existing by

virtue of the laws of the Republic of the Philippines, with office address at
______________, represented by its Regional Executive Director, ____________.
and hereinafter referred to as the “SECOND PARTY;”

Both are hereinafter collectively referred to as the ”PARTIES”.

WITNESSETH THAT:

WHEREAS, Section 16 of the Republic Act (R.A.) No. 7160 also known as “Local Government code of
1991” provides that every local government unit shall exercise the powers expressly granted, those
necessarily implied thereon, as well as powers necessary, appropriate, or incidental for an efficient
and effective governance, and those which are essential to the promotion of the general welfare;

WHEREAS, Section 14(a) Executive Order No. 192 (“E.O. No. 192”) series of 1987 provides that the
Department of Environment and Natural Resources (“DENR”) through its Land Management Bureau
(“LMB”) shall recommend policies and programs for the efficient and effective administration,
surveys, management and disposition of alienable and disposable lands of the public domain and
other lands outside the responsibilities of other government agencies, such as reclaimed areas and
other areas not for or are not being utilized for the purposes for which they have been established;

WHEREAS, E.O. No. 192 further provides that the DENR shall assist in the monitoring and evaluation
of land surveys, management and disposition of lands to ensure efficiency and effectiveness thereof;

WHEREAS, the DENR Administrative Order No. 2007-29 dated July 31, 2007, also known as the
“Revised Regulations on Land Survey” provides for the policies and standards on land survey and
mapping activities;

WHEREAS, the PARTIES intend to conduct a relocation survey of resettlement site based on
Proclamation No.____ s. 1993 covering three (3) parcels of land located _________;

WHEREAS, the PARTIES also intends to conduct a re-assessment of the Integrated Social
Forestry/Certificate of Stewardship Contract (ISF/CSC) areas, and an inventory and survey of built-up
areas in the same parcels of land; and

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WHEREAS, the SECOND PARTY is able and willing to conduct the relocation survey of the said
parcels of land, as well as the re-assessment of ISF/CSC areas, and the inventory and survey of built-
up areas.

NOW, THEREFORE, for and in consideration of the foregoing premises and representations, and the
terms and conditions hereinafter stipulated in this Agreement, the PARTIES hereby agree as follows:

TERMS AND CONDITIONS

Section I. OBLIGATIONS OF THE FIRST PARTY

1.1 To provide funds to be utilized in the survey of the Subject Property;

1.2 To ensure the completion of the said relocation survey of the resettlement
site, re-assessment of ISF/CSC areas, and inventory and survey of built-up areas
1.3 To request for a reportorial report for the conduct of the relocation survey, re-
assessment of ISF/CSC areas, and inventory and survey of built-up areas

Section II. OBLIGATIONS OF THE SECOND PARTY

2.1 Conduct a relocation survey of the resettlement site and identify the relative
positions of all the structures and occupants inside the premises;
2.2 Conduct a re-assessment of ISF/CSC areas;
2.3 Conduct an inventory and survey of built-up areas;
2.4 Compute the result of the actual field verification and the subsequent preparation
of the survey work plan;
2.5 Overlay the field result/work plan to the researched maps to identify the adjustment
needed;
2.6 Field setting on ground of all corners of the Subject Property with the technical
descriptions appearing on the Proclamation No. 265 s. 1993;
2.8 Preparation and submission of the final relocation plan together with the final
report;
2.9 Inspection Verification and Approval of Survey Relocation Plan at the Surveys and
Mapping Division, Technical Services, DENR Regional Office;
2.10 Deposit the amount received from the FIRST PARTY in the Trust Account and
maintain a separate book for the utilization and disposition of the said funds;
2.11 Commit to provide necessary maintenance for the relocation survey with the
diligence of a good father of a family in order to sustain its good condition and shall
comply with all applicable local ordinances or national laws, statutes, rules and
regulations;
2.12 Manage and disburse the funds solely for the implementation of the relocation of
the Subject Properties; and
2.13 Submit to the FIRST PARTY a duly Audited Financial Report and Accomplishment
Report in accordance with all existing auditing laws, rules and regulations.

Section III. APPROVED BUDGET FOR THE CONTRACT

The Approved Budget for the Contract is THREE MILLION FOUR HUNDRED TWO THOUSAND SEVEN
HUNDRED FIFTY PESOS ONLY (PHP 3,402,750.00)

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Section IV. DURATION

The obligations of the PARTIES shall be performed within one hundred fifteen (115) days in
accordance with the Terms of Reference.

Section V. DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the Philippines.
Any dispute arising between the PARTIES shall be settled under Arbitration Law of the Philippines
(Republic Act No. 9876). Should any of the PARTIES be compelled to seek judicial relief against the
other for violation of the terms and conditions herein provided, shall be brought only in proper
courts of Tarlac City.

Section VI. OTHER PROVISIONS

4.1 Failure of either party to insist upon strict performance of any of the covenants of
this Agreement or to exercise any option herein contained shall not be construed as
abandonment or cancellation or waiver of such covenant or option. No waiver by
either party shall be deemed to have been made unless in writing and signed by the
party or parties concerned; and

4.2 This Memorandum of Agreement shall take effect immediately upon the signing of
the Parties and shall remain in force and effect until all the Parties have discharged
their obligations under this Agreement

4.3 Any amendment, revision, addition or deletion of any provision on this Agreement
shall be binding on both PARTIES hereto unless mutually agreed upon by both
parties in writing.

4.4 This Agreement by and between the PARTIES is not intended, and shall not be
construed, to create the relationship of agent, employer-employee relationship,
partnership, joint venture or association.

4.5 If any provision of this Agreement is held by a court of competent jurisdiction to be

invalid, void or unenforceable, the remaining provisions will continue in full force
and effect without being impaired or invalidated in any way.

IN WITNESS WHEREOF, both the FIRST PARTY and SECOND PARTY have hereunder affixed their
signatures this __________________________ at ___________________, Philippines.

PROVINCIAL GOVERNMENT OF ________ _____________________

_______________________________ ____________________________
Head of the Procuring Entity Regional Executive Director

SIGNED IN THE PRESENCE OF:

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 _______________________________ __________________________

ACKNOWLEDGEMENT
Republic of the Philippines)
) s.s.

BEFORE ME, a Notary Public, for and in the above jurisdiction this ___ day of
________________, personally appeared the following person, and they presented to me their
competent identification documents:

Name Valid ID No. Place Issued Date Issued Valid Until

KNOWN TO ME AND TO ME KNOWN TO BE the same persons who executed the foregoing
Memorandum of Agreement and acknowledged to me that the same is their free and voluntary act
and deed and that of the entities herein represented.

This instrument refers to a Memorandum of Agreement consisting of FOUR (4) pages including this
page whereon this acknowledgement is written, and has been signed by the parties and their
witness and sealed with my notarial seal.

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

Doc. No.___; NOTARY PUBLIC

Page No.___;
Book No.___;
Series of ______

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