MEMORANDUM OF AGREEMENT

(AMDATAH VILLAGE)
Brgy. San Jose, General Santos City

KNOW ALL MEN BY THESE PRESENTS:

This Agreement made and entered into this ______day of

_ _ _ _ _ _ _ _ 2013, by and between:

The NATIONAL HOUSING AUTHORITY, a government

corporation organized and existing pursuant to the provision of
Presidential Decree No. 757, with principal office at Elliptical
Road, Diliman, Quezon City, represented in this Act by its
General Manager, ATTY. CHITO M. CRUZ, and hereinafter
referred to as the "NHA";

The CITY GOVERNMENT OF GENERAL SANTOS, a

government entity existing under the laws of the Republic of the
Philippines with principal office at the City Hall, General Santos
City represented in this Act by its City Mayor, HON. RONNEL C.
RIVERA, and herein referred to as the "CITY";

The NATIONAL COMMISSION ON INDIGENOUS PEOPLE, a

government entity existing under the laws of th~ Republic of the
Philippines with principal office in Koronadal City, represented in
this Act by its Regional Director, WOY LIM P. WONG, and
hereinafter referred to as the "NCIP";

and

The IP COMMUNITY, a group of indigenous people belonging

to the B'laan tribe in Barangay San Jose, General Santos City
represented in this Act by its Tribal Chieftain, MACAY COL, and
herein referred to as the "IP".

WITNESSETH; That

WHEREAS, pursuant to Executive Order No. 90, the National Housing

Authority is the sole national government agency engaged in direct housing
production mandated to meet the housing needs of low-income and marginal
families and to focus its effort towards the housing needs of the lowest 30%
of the urban population;

WHEREAS, pursuant to the Local Government Code, otherwise known

as R.A. 7160 and the Urban Development & Housing Act of 1992, Local
Government Units are mandated to take a principal role in the provision of
housing services to its constituents;

WHEREAS, pursuant to Republic Act No. 8371 or the Indigenous People

Reform Act (IPRA) of 1997, the rights of indigenous peoples shall be
recognized, protected and promoted;
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 WHEREAS, given the housing conditions of indigenous peoples (IP), the
government intends to provide assistance to this group to improve their
living conditions and uplift their well-being through the provision of decent
shelter;

WHEREAS, the CITY has identified and prioritized Brgy. San Jose
utilizing 3..& hectares being portion of Ancestral Domain covered by
Certificate of Ancestral Land Title R12-GSC-0110-000254, registered with
the National Commission on Indigenous Peoples, Quezon City, Philippines as
the housing site for the indigenous people living therein requiring decent
shelter to uplift their well-being;

WHEREAS, the CITY has manifested its intention to utilize NHA's

funding assistance for the construction of 100 housing units in the proposed
housing site;

WHEREAS, pursuant to R.A. 7279 commonly known as Urban

Development and Housing Act (UDHA) of 1992, the NHA, the CITY, the
NCIP, and the IP hereinafter referred to as the "Parties" mutually agreed
to pool their resources for purposes of the development of the AMADATAH
VILLAGE, Brgy. San Jose, General Santos City as a joint venture
undertaking;

NOW THEREFORE, for and in consideration of the foregoing premises

and mutual covenants herein, the Parties do hereby bind themselves and
agree to the following:

ARTICLE 1

THE PROJECT

1.1 The Project shall be known as AMDATAH VILLAGE herein referred to

as the "PROJECT" and involves the construction of One Hundred
(100) housing units on a~ hectares lot located at Brgy. San Jose,
General Santos City being portion of Ancestral Domain covered by
Certificate of Ancestral Land Title , registered with the National
Commission on Indigenous Peoples, Quezon City, Philippines herein
attached as Annex "A" and made integral part hereof.

1.2 The project shall generate a total of 100 housing units having a floor
area of 33.50 sq.m per unit constructed on a modal lot area of
150.0 square meters intended for indigenous peoples belonging to
B'laan tribe.

1.3 The Project shall be implemented pursuant to the plans,

specifications and costs mutually approved by both Parties and shall
be in accordance with the provisions of Batas Pambansa 220 as a
Socialized Housing Project.

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1.4 The construction of One Hundred (100) housing units shall be
implemented by the CITY. It shall be completed within 264 calendar
days and shall be extended only due to force majeure and other
meritorious reasons.

ARTICLE II

PROJECT BENEFICIARIES

2.1 The Project is primarily intended to provide housing assistance to

indigenous peoples in Brgy. San Jose, General Santos City belonging
to B'laan tribe. As the number of lots to be generated might not
suffice current requirements, the Sangguniang Panlungsod of
General Santos City shall prescribe the prioritization and selection of
project beneficiaries.

2.2 Security of tenure shall be granted to the Project beneficiaries

through appropriate legal instruments as determined the by
Sangguniang Panlungsod and the NCIP.

2.3 Awards and disposition of housing units shall be subject to

restrictions on the disposition of lands for indigenous peoples as well
as other terms and conditions as may be prescribed by the CITY and
the NCIP.

ARTICLE III

PROJECT FINANCING AND COST RECOVERY

3.1 The Project shall be jointly funded by NHA and the CITY. As its
contribution to the Project, the CITY shall provide funds for land
development while NHA shall provide funds for the construction of
100 housing units.. The NHA shall allocate the amount of Php10.00
Million from the subsidy funds allocated to the NHA by the National
Government under the Resettlement Assistance Program (RAP)
representing its contribution to the Project exclusively for the
construction of 100 housing units.

3.2 The subsidy funds allocated by the NHA shall be released to the CITY
on staggered basis; initial release shall be fifty percent (50°/o) for
project mobilization and subsequent releases shall be on progress
billing basis after utilization of the initial amount released subject to
submission by the CITY of project accomplishment reports and
evaluation by NHA.

3.3 NHA's fund contributions released to the CITY shall be deposited in a

Trust Fund under the account of the Project which shall be under the
custody of the City Treasurer of General Santos.

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3.4 After the completion of the Project, any unutilized balance of the
subsidy funds released to the CllY shall be returned to the NHA and
shall be available for re-allocation to other housing project for
indigenous peoples.

3.5 As part grant, the CllY shall recover 50°/o of NHA's assistance as a
non-interest bearing loan from the project beneficiaries payable to
NHA over a period of six (6) years inclusive of a one-year
moratorium period.

ARTICLE IV

PROJECT MONITORING AND PROJECT ACCEPTANCE

4.1 Project implementation shall be monitored by an Inter-Agency

Committee headed by the representative of the CllY and
representatives of the NCIP, the IP community and NHA, as
members.

4.2 The Project Implementation Team of the CllY shall submit a Monthly
Physical and Financial Report to the Committee on the progress of
construction and fund utilization. ·

4.3 Upon completion of all development/physi~al works, the Project

Implementation Team shall submit a Project Completion Report
(PCR) to the Inter-Agency Committee and recommend acceptance of
the completed housing units by the Inter-Agency Committee. The
Committee shall issue a corresponding Project Completion Report
and Acceptance Report within fifteen (15) days after a joint final
inspection of the project.

4.4 Within thirty (30) days from project completion, the CllY shall
submit a Project Terminal Report to the NHA with copies to other
members of the Committee which shall include the final
accomplishment report and financial report duly audited by COA.

ARTICLE V

ROLES AND RESPONSIBILITIES

5.1 The NHA shall:

5.1.1 Allocate and release the amount of Ten Million Pesos

(Php10,000,000.00) to the CllY as its total contribution to the Project
representing the estimated cost of 100 housing units. Release of funds shall
be on staggered basis as stated in Article III Section 3.2.

5.1.2 Assist the CllY in the preparation of land development and

housing plans including technical specifications, cost estimates and
implementation schedules.
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 5.1.3 Assist the CITY in securing permits and clearances for the
project.

5.1.4 Assist the CITY in the formulation of policies for beneficiary

selection and disposition of housing units.

5.1.5 As member of the Inter-Agency Committee, monitor the

progress of project implementation and upon project completion and joint
final inspection, accept the completed housing units.

5.2 The CITY shall:

5.2.1 Receive from the NHA the amount of P10.00 Million for the
construction of One Hundred (100) housing units. Receipt of
funds shall be on staggered basis: initial receipt shall be fifty
percent (50%) for project mobilization and subsequent
receipts shall be on progress billing basis.

5.2.2 Provide all legal and technical data related to the project.

5.2.3 Provide funds necessary for the implementation of project

components not covered by NHA's funding assistance.

5.2.4 Create a Project Implementation .Team which shall be

responsible for the preparation of project plans and
implementation of the project to include land development
and housing construction in accordance with approved plans,
specifications and schedules, selection of beneficiaries and
award/disposition of housing units, and project maintenance.

5.2.5 Secure all required permits and clearances (e.g. development

permit, ECC clearance) for the project.

5.2.6 Submit all monitoring and project completion reports as

stated under Section IV.

5.2. 7 After Project completion, return to the NHA any unutilized

funds.

5.2.8 Cause the proper use and maintenance of open spaces within
the project by planting trees and other vegetative cover. Th~
CITY may allow the construction of community facilities in
duly designated sites the operation of which shall be covered
by separate Agreements with agencies concerned.

5.3 The NCIP shall:

5.3.1 Assist the IP community in making available land required for

the Project.

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 5.3.2 Assist the CITY in securing the required permits and
clearances for the Project.

5.3.3 Assist the CITY in the formulation of policies for beneficiary

selection and disposition of housing units.

5.3.4 As member of the Inter-Agency Committee, monitor the

progress of project implementation and upon project
completion and joint final inspection, accept the completed
housing units.

5.4 The IP shall:

5.4.1 Make available the land titled to the IP community within the
ancestral domain as the site of the housing project in
coordination with the CITY and the NCIP and provide all
documents necessary for the implementation of the Project.

5.4.2 Assist the CITY in the formulation of policies for beneficiary

selection, disposition of housing units.

5.4.3 As member of the Inter-Agency Committee, monitor the

progress of project implementation and upon project
completion and joint final inspection, accept the completed
housing units.

ARTICLE VI

OTHER PROVISIONS

6.1 The PARTIES represent that they have the requisite power and
capacity to enter into Agreement and to perform their obligations and
undertakings according to the terms and c.onditions stated herein.

6.2 Nothing in this Agreement shall be construed as establishing

relationships of employer and employee among the Parties or any of
their respective staff. All PARTIES shall at all times be personally and
directly liable for the acts of all its personnel under its employ and
shall hold each party free and harmless from any and all claims or
liabilities arising from the acts or conduct of its employees.

6.3 All PARTIES agree to periodically review the provisions of the

Agreement. The agreement maybe modified or revised by written
agreement of the Parties citing therein-specific provisions to be
revised or modified and the corresponding amendments.

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 ARTICLE VII

EFFECTIVITY

This Memorandum of Agreement shall take effect immediately upon

approval by the NHA Board of Directors and the Sangguniang Panlungsod of
General Santos City, NCIP Region XII and IP Community and shall remain in
effect unless otherwise terminated or upon satisfaction of the objectives for
which this Agreement has been forged.

IN WITNESS WHEREOF, the PARTIES hereunto affix their signature

this day of 2013, in _ _ _ _ _ _ __

NATIONAL HOUSING AUTHORITY CITY GOVERNMENT OF GENERAL SANTOS

By: By:

ATTY. CHITO M. CRUZ HON.RONNELC.RIVERA

General Manager City Mayor

NATIONAL COMMISSION ON IP COMMUNITY

INDIGENOUS PEOPLES
By: By:

WOY P. LIM WONG MACAYCOL

Regional Director Tribal Chieftain, B'laan

SIGNED IN THE PRESENCE OF:

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 ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

Quezon City )

BEFORE ME, a Notary Public, for and in Quezon City, this _ __

ay of 2013, personally appeared ATTY. CHITO
M. CRUZ, in his capacity as General Manager of the National Housing
Authority with ID No. issued on _ _ _ _ _- J
known to me and to me known to be the same persons who executed
the foregoing Memorandum of Agreement and he acknowledged to me
that the same is free and voluntary act and deed and the entity he
represents.

This instrument refers to the Memorandum of Agreement

consisting of ten (11) pages including this page on which this
acknowledgement is written, signed by the instrumental witnesses and
sealed by my Notarial Seal.

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

Notary Public

Doc No. _ __
Page No. _ __
Book No. _ __
Series of 2013

8
 ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

General Santos City )

BEFORE ME, a Notary Public, for and in the City Government of

General Santos, this day of 2013,
personally appeared HON. RONNEL C. RIVERA, as City Mayor of
General Santos with ID No. issued
on known to me and to me known to be the
same persons who executed the foregoing Memorandum of Agreement
and he acknowledged to me that the same is free and voluntary act and
deed and the entity he represents.

This instrument refers to the Memorandum of Agreement

consisting of ten (11) pages including this page on which this
acknowledgement is written, signed by the instrumental witnesses and
sealed by my Notarial Seal.

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

Notary Public

Doc No. _ __
Page No. _ __
Book No. _ __
Series of 2013

9
 ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

Koronadal City )

BEFORE ME, a Notary Public, for and in the City of Koronadal,

this__ day of 2013, personally appeared WOY
LIM P. WONG, in his capacity as Regional Director of NCIP region XII
with ID No. issued on _ _ _ _ _ _ __,
known to me and to me known to be the same persons who executed
the foregoing Memorandum of Agreement and he acknowledged to me
that the same is free and voluntary act and deed and the entity he
represents.

This instrument refers to the Memorandum of Agreement

consisting of ten (11) pages including this page on which this
acknowledgement is written, signed by the instrumental witnesses and
sealed by my Notarial Seal.

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

Notary Public

Doc No. _ __
Page No. _ __
Book No. _ __
Series of 2013

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