MEMORANDUM OF AGREEMENT

REPRESENTATIVES OF THE HOST COMMUNITY (RHC)

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement (MOA) made and executed this 23rd day of November
2020 at Brgy. Tambagan, Medina, Misamis Oriental by and among:

FH DULATRE QUARRY OPERATIONS, an Industrial Sand and Gravel Permit Holder

with its address located at Barangay Tambagan, Medina, Misamis Oriental and with
ISAG Permit No. IP – 000012 – 2018 – X represented by MR. FERDINAND H.
DULATRE, herein referred to as ISAG;

Barangay Tambagan duly represented by Hon. Tarcito L. Bayhon, herein referred to

as BLGU;

Department of Education (DepEd) District Office with Office located at Brgy.

Tambagan, Medina, Misamis Oriental duly represented by its Schools Principal /School
Head of the Elementary, Teofila N. Curacho, herein referred to as DepEd;

Barangay Health Office, with its address at Tambagan, Medina, Misamis Oriental,
represented by Elma R. Balasabas herein referred to as BHO; and

The Religious / Civic Organization / Non-Government Organization of Barangay

Tambagan is hereby represented by Adonis P. Calagahan of San Vicente Ferrer
Chapel (name of NGO / religious sector), herein referred to as NGO.

WITNESSETH

Whereas, within Thirty (30) days after the approval of Social Development Management
Program (SDMP), the company shall enter into a Memorandum of Agreement (MOA)
with the Representatives of the Host Communities/Barangay Development Council
(RHC/BDC)) which is composed of members from various sectors and shall register the
same in the MGB-X to ensure the implementation of the various
Programs/Projects/Activities (P/P/As) (Sec. 136-b par. 5);

Whereas, Operating MPP shall submit to the Regional Office-X a sworn statement of its
previous year’s 1.5% Operating Costs (OC) within sixty (60) days after the end of each
calendar year to implement SDMP of which the 75% of 1.5% OC for the Development of
Host and Neighboring Community/s (DHNC), 15% of 1.5% OC for the Information,
Education and Communication (IEC) and 10% of 1.5% OC for the Development of
Mining Technology and Geosciences (DMTG) (DAO 2010-21 Sec. 134 par. 1 & 2);

Whereas, the GOAL of SDMP as sustainable development is intended for the general
welfare of the mining communities and thereby improving the quality of life of the
marginalized and disadvantaged families even after the utilization of mineral resources;

Whereas, the objectives of SDMP are geared towards sustainable development by

implementing high-impact/one big-ticket project that should benefit all or the majority of
the residents in the communities;

Whereas, the needs and welfare of the marginalized/disadvantaged families must be

the point of reference, deciding/determinant factor to implement DHNC P/P/As;
Whereas, Program of Works (POW) for Infrastructure project, Project Proposal (PP) for
Livelihood project and Activity-design for non-infrastructure and livelihood projects shall
include specific ‘Quantifiable Result’ to ensure that the marginalized/disadvantaged
families are the ones that will benefit the P/P/As;

Whereas, the RHC shall be coordinated to assist the company in the conduct of
community immersion/consultation and other related activities appertaining to social
preparation/assessment for the Five-year SDMP and ASDMP Plan formulation;

Whereas, the RHC shall participate during community presentation of the approved
ASDMP Plan and ASDMP accomplishment;

Whereas, “monthly internal monitoring shall be done jointly by the designated

Community Relations Officer (ComRel)/ and RHC to determine the level of
implementation,” thus, the RHC shall be represented during the said monitoring to be
undertaken by the company (DAO 2010-21 Section 136-D);

Whereas, the RHC shall convene once in every quarter or as the need arises to thresh
out issues and concerns relative to the implementation of SDMP;

Whereas, in the event of adverse findings/observations regarding SDMP

implementation and monitoring, the RHC may report and recommend sanctions in
accordance with the existing statutes for appropriate action by MGB X;

NOW, THEREFORE, for and in consideration of the foregoing premises, the parties do
hereby mutually declare and agree on the following:

RHC shall be affirmed annually by virtue of a resolution or Special Order from their
respective group granting him/her authority to represent, decide in behalf of the
organization he/she represents. Authority granted shall be valid for one year and
subject to renewal thereof;

Every sector-representative is on an ‘equal footing’ with other sector. Hence, a sector-

representative is not superior over the other sector.

Sector-resolution, endorsement, recommendation, notation, witnessed by, etc., are no

longer needed to implement DHNC P/P/As. Once issued with ASDMP Certificate of
Approval, any projects with complete documentary attachments shall be
implemented in accordance with the approved ASDMP Plan Gantt chart.

The Presiding Officer shall have the following functions: (1) Preside over the meeting;
(2) Sign minutes of the meeting; and (3) Convene the RHC/BDC) for a meeting.

A meeting shall be called only upon a formal notice signed by the presiding officer (if not
available, the ComRel Officer shall sign a letter-notice). In the absence of the Presiding
Officer, an interim Presiding Officer shall be elected impromptu for the duration of that
meeting. In no case the Presiding Officer shall influence nor disregard majority decision
of the RHC. In all meetings, the company shall serve as the Secretariat.

In all meetings and other activities, majority of the RHC members present shall
constitute a quorum. Majority of the members shall be 50% plus one (1) of the whole
RHNC membership.

Each member (regardless of two or more representatives) of the RHC shall be entitled
to one vote. A majority vote of the members present in the meeting shall be required to
give effect to any resolutions or decisions of the representatives.
Duties, Functions and Responsibilities:

a. Barangay LGU:

1. To make available relevant socio-economic data and information such as the

Barangay Development Plan and related documents which can be utilized by
the company as among the references in the planning and formulation of the
SDMP as part of the consultation process.
2. To provide inputs in the identification and prioritization of applicable and
relevant PPAs.
3. To provide reasonable counterpart in infrastructure projects.
4. To accept projects and activities that shall be turned-over by the company.
5. To abide with the agreed terms and conditions for the implemented project/s
as indicated in the respective Certificate of Turn-over and
Acceptance/Memorandum of Agreement (MOA).

b. Barangay Health Office (BHO)

1. To make available relevant health-data of indigent families in the mining

communities and other related documents which can be utilized by the
company as among the references in the planning and formulation of the
SDMP as part of the consultation process.
2. To provide inputs in the identification and prioritization of the applicable PPAs.
3. To abide with the agreed terms and conditions for the implemented project/s
as indicated in the respective Certificate of Turn-over and
Acceptance/Memorandum of Agreement (MOA).

c. Department of Education (DepEd):

1. To assist the company and provide inputs relative to the education sector;
2. To provide School Improvement Plan (SIP) as one of the references during
the planning.
3. To accept project/s and activities that shall be turned-over by the company
and to provide corresponding counterpart, if necessary and warranted.
4. To abide with the agreed terms and conditions for implemented project/s as
indicated in the respective Certificate of Turn-over and Acceptance/
Memorandum of Agreement (MOA).

d. Non-government Agency / Religious Sector:

1. To assist the company and provide inputs on projects and activities that are
intended to uplift the social, moral and spiritual well-being of the
communities.
2. To accept projects and activities that shall be turned-over by the company
and to provide corresponding counterpart, if necessary and warranted.
3. To abide with the agreed terms and conditions for the implemented project/s
as indicated in the respective Certificate of Turn-over and
Acceptance/Memorandum of Agreement (MOA).
 e. ISAG Holder:

1. To allocate the funds for ASDMP implementation as mandated by DAO

2010- 21.
2. To provide the BLGU, BHO, DepEd/School representative and NGO, a copy
of the Matrix of Programs/Projects/Activities after the ASDMP document
have been approved by MGB X.
3. Shall implement P/P/As in accordance with the approved ASDMP Plan
formulated in consultation and in partnership with the host/neighboring
communities.
4. To provide logistics and documentation during RHC meetings, SDMP
monitoring and other SDMP related activities.

AMENDMENTS

No modification of this Agreement or any part thereof shall be made except upon
execution of a written instrument duly signed by all PARTIES.

EFFECTIVITY

This MEMORANDUM OF AGREEMENT shall take effect immediately upon signing by

all PARTIES concerned on November 23, 2020.

In WITNESS WHEREOF, the parties through their duly authorized representatives have
hereunto affixed their signatures on the date and place first above written.

BARANGAY LOCAL GOVERNMENT UNIT (BLGU)

Hon. Tarcito L. Bayhon

Punong Barangay
Brgy. Tambagan, Medina, Misamis ORiental

DEPARTMENT OF EDUCATION (DepEd)

Teofila N. Curacho
School Head

BARANGAY HEALTH OFFICE (BHO)

Elma R. Balasabas
 NGO / CIVIC ORG. / RELIGIOUS SECTOR

Adonis P. Calagahan
NGO / Parish Representative

PERMIT HOLDER

Ferdinand H. Dulatre
Proprietor

MINES AND GEOSCIENCES BUREAU (MGB) R-X

ENGR. EFREN B. CARIDO

Regional Director
MGB Regional Office X

SUBSCRIBED AND SWORN to before me, this ____ day of __________, 2020,
the affiant exhibited to me his Residence Certificate No. ______________ issued on
______________________ at ______________________________.

Doc. No. _________

Page No. _________
Book No. _________
Series of 2020