I, [Name of Representative], Filipino, of legal age, and with office
address at _______, under oath, hereby depose and state:
1. I am the [position] of [Corporate Name] (the “Company”). As such
[Position], I was authorized to execute this Affidavit of Undertaking, as evidenced by the Board Resolution No. ____ dated ____, a copy of which is attached hereto as ANNEX “A”;
2. As [position] and based on the foregoing authority, I hereby
confirm, represent, and warrant that: (i) the Company has been faithfully and dutifully remitting the contributions and premiums of its employees, as well as its employer’s share thereon, to ensure its employees’ continued coverage and entitlement to the benefits due from the Social Security System (“SSS”) and the Philippine Health Insurance Corporation (“PhilHealth”), regardless of their employment status; and (ii) said remittances and contributions are updated and the employees’ SSS and PhilHealth coverages are subsisting and in effect;
3. In this connection, I likewise affirm, represent and warrant that all
of the Company’s employees, regardless of employment status, who will be deployed for the construction works in connection with the condominium of Filinvest Land, Inc. (“FLI”) located at _____ are entitled to the full benefit coverage granted by SSS and PhilHealth that corresponds with their level of contribution. However, pursuant to No. 7 of the Project Employment Contract between the employees and the Company, their benefits shall be included in their salary and the employees themselves would pay for the afore-stated benefits;
4. On behalf of the Company, I further commit and undertake to hold
FLI, including its directors, officers, employees, shareholders, representatives and agents, free and harmless against any and all claim, complaint, proceeding, demand, damage, penalty, liability, or any other responsibility, in connection with SSS and PhilHealth coverage of the Company’s employees deployed for FLI’s project. However, for humanitarian purposes, FLI is willing to contribute financial support as to the additional costs that the Company may spend for the safety and protection of its employees against the risk of COVID-19, including but not limited to any and all medical expenses, equipment, and other medical appropriations that the Company may incur. I understand that this indemnification clause is intended to be expansive and shall cover all consequences arising from our Company’s misrepresentation or failure to rectify and defect in the foregoing representation and warranties;
5. The Company’s employees and personnel to be deployed on site
shall be solely liable for any illness carried both into and from the site of construction. The Company shall be free of any liability and responsibility if any of the employees and personnel have contracted a COVID-19.
6. I am executing this Affidavit of Undertaking freely and voluntarily,
with full knowledge and awareness of its legal consequences, to attest the truth of the foregoing statements and for all legal intents and purposes.
IN WITNESS WHEREOF, I have hereunto set my hand this ___
day of _______ 2020 in Davao City, Philippines.
__________ Affiant ___________________ Competent Evidence of Identity
SUBSCRIBED AND SWORN TO before me this ____ day of
_______ 2020 in Davao City, Philippines. Affiant exhibited to me her competent evidence of identity stated below his name.