Republic of the Philippines)
General Santos City) $.5.
MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This agreement is made, executed, and entered into by and among:
KABRIGADA FOUNDATION, INC., a domestic entity duly organized and
existing under Philippine laws, with principal office address at Brigada Complex,
NISA Road, Purok Bayanihan, Barangay San Isidro, General Santos City
represented herein by its Executive Vice President YELCY Y. CATULPOS, hereinafter
called the FIRST PARTY;
-and-
JESSIE YANA, of legal age, Filipino, and a resident of Purok Udagre,
Barangay Conel, General Santos City, representing PRINCESS M. YANA, twelve
years old; JEYLOU M. YANA, ten years old; NEIL JOHN E. YANA, seventeen years
old; GRAZEL N. YANA, of legal age; NICO N. YANA, fourteen years old; and
GILLIAN N. YANA, ten years old, hereinafter referred to as the SECOND PARTY:
-WITNESSETH-
WHEREAS, the SECOND PARTY is the husband of the late MARILOU MATOS
YANA, who died in a vehicular accident transpired on November 17, 2020 at on
or about 8:00pm at Purok Udagre, Barangay Conel, General Santos City and
survived by her children PRINCESS M. YANA and JEYLOU M. YANA;
WHEREAS, the SECOND PARTY is the son of the late LEONILO F. YANA, SR.
and ESMERALDA E. YANA, who were also casualties in the same accident;
WHEREAS, the late LEONILO F. YANA, SR. and ESMERALDA £. YANA
supported the studies of their son NEIL JOHN E. YANA, and three (3) grandchildren,
namely: GRAZEL N. YANA; NICO N. YANA; and GILLIAN N. YANA;
WHEREAS, the FIRST PARTY is desirous to provide tuition fee/scholarships to
the above-mentioned students;
NOW, THEREFORE, for and in consideration of the foregoing premises and
for other valuable considerations as set forth hereunder, the parties agree as
follows:
1, That the FIRST PARTY shall provide to the following:
@. tuition fee/scholarships to the children of the SECOND PARTY,
namely: PRINCESS M. YANA and JEYLOU M. YANA from their
present grade levels until college:
b. tuition fee/scholarship from the present year level until college of
NEIL JOHN E. YANA, the son of the late LEONILO P. YANA and
ESMERALDA E. YANA: and
Page lof 3¢. tuition fee/scholarships from the present grade/year levels until
college of GRAZELN. YANA, NICO N. YANA, and GILLIAN N. YANA,
the grandchildren of the late LEONILO P. YANA and ESMERALDA.
E. YANA;
. That the tuition fees of said students shall only be applicable to public
schools chosen by the students or their parenis/guardians;
. That only tuition fees are subject of this Agreement; miscellaneous fees shall
be shouldered by the parents/guardians of the above-named students;
. That in the event that the above-mentioned students cannot enrol to public
universities due to public institution's academic policy/requirement, they
shall only be entitled to said scholarship up to twenty five percent (25%)
from any of these private schools in General Santos City, to wit:
a. Gensantos Foundation College. Inc. (GF);
b. Ramon Magsaysay Memorial College (RMMC};
c. Goldenstate College;
d. Stratford Intemational School; and
e. STi College’
. That this MEMORANDUM OF AGREEMENT shall, unless earlier terminated in
writing, 6€ for an indefinite period commencing upon signing of this
agreement or on December __, 2020. And that the FIRST PARTY shall ensure
the implementation of this agreement:
Any conflict or disagreement which may arise from other aspects or
components of this Memorandum of Agreement shall be fist subjected to
all modes of alternative dispute resolution, before resorting to legal suits
before the judicial, quasi-judicial, or any other entity;
. Any amendment, alteration, or revision of the stipulations herein shall be
mutually and voluntarily agreed upon between the parties in writing:
In the event that any provision of this Agreement shall be unenforceable or
invalid under any applicable law or be so held by applicable court or
arbitration decision, such unenforceability or invalidity shall not render this
Agreement unenforceable or invalid as a whole, and, in such event, such
provisions shall be changed and interpreted so as to best accomplish the
objectives of such unenforceable or invalid provision within the limits of
applicable law or applicable court or arbitration decision:
This Agreement shall be governed by and construed according to the laws
of the Republic of Philippines. Any conflict, dispute or case which may arise
out of this Memorandum of Agreement shall be filed only in the court/s of
competent jurisdiction within General Santos City, to the exclusion of alll
other courts, In no case shall any of the parties herein file a case in court,
without exhausting first all available remedies of amicable settlement.
Should any action be brought by either party to enforce the provisions of
this Agreement, the prevailing party, whether by settlement, adjudication
or arbitration, shall have the right to collect reasonable attorneys’ fees
expenses and costs from the non-prevailing party.
be
Page 2 of 3-EFFECTIVITY-
This agreement shall become binding and effective immediately upon
signing thereof by the parties.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed this 2.4 day of December 2020 at General Santos City, Philippines.
FIRST PARTY SECOND PARTY
KABRIGADA FOUNDATION, INC.
represented by:
yeicy.CATULPOS ween
190-468-738 ID No.
jigned in the presence of:
Serle WA guint chee R. oarciou
Republic of the Philippines)
General Santos City) S.S
ACKNOWLEDGMENT
BEFORE ME, a Notary Public, for and in General Santos City, this 4 day
of December 2020, personally appeared and known to me to be the same
persons who executed the foregoing instrument and who acknowledged to me
that the same is their own, true, free and voluntary acts and deed and of the
corporation they represent.
This instrument refers to a Memorandum of Agreement and consists of three
(3) pages, including this page where the acknowledgment is written and each
and every page of which having been duly signed by the parties and their
instrumental witnesses.
WITNESS MY HAND AND SEAL on this colp and place above-written,
Doc. No.: 14_; ;
Page No.
Book No.
Series of:
Notary Paviie off ene
well Doe, 34, 2020
IEP Litetino Roll Na, 15954
PTR No. 9020408; 01/02/2020, GSC
MCLE Cert. No. VI-0026128; 04/14/2022
Page 3 of 8