For the MEMORANDUM OF AGREEMENT

DEVELOPER:
For the
BALAI MAAL’LAG (ON-SITE)
ASSOCIATION:
For the Purok 4, Barangay Andap, Municipality of New Bataan,
NHA: Province of Davao De Oro

Witnesses:
KNOW ALL MEN BY THESE PRESENTS:
RENATO R.
This Memorandum of Agreement made and executed into this ____ day of
CASTAÑEDA
__________________ in the Municipality of New Bataan by and among:
ROWELL BAUGTO

MARCELINO P. The NATIONAL HOUSING AUTHORITY, a government-owned and controlled

ESCALADA, JR. corporation, created and existing by virtue of PD No. 757, as amended, with
principal office at NHA Building, Elliptical Road, Diliman, Quezon City herein
CLEMENTE A. represented by its General Manager, MARCELINO P. ESCALADA, JR., duly
DAYOT, CE authorized for this purpose, and hereinafter referred to as the “NHA”;
RENATO
R. CASTAÑEDA RELY CONSTRUCTION & SUPPLY, a sole proprietorship registered under
PROPRIETOR and by virtue of the laws of the Republic of the Philippines, with principal office
address at Km. 7 Tigatto Road, Buhangin, Davao City, represented in this Act
BALAI MAAL’LAG by its Proprietor, RENATO R. CASTAÑEDA, duly authorized for this purpose,
(ON-SITE) and hereinafter referred to as the “DEVELOPER”;
GENERAL
-and-
MANAGER, NHA XI
BALAI MAAL’LAG (ON-SITE) HOMEOWNERS ASSOCIATION INC., a non-
NHA stock, non-profit organization with due registration with the Department of
Representative Human Settlements and Urban Development (DHSUD) with principal address
Developer in the Municipality of New Bataan represented by its President, ROWELL
Representative BAUGTO, duly authorized for this purpose, and hereinafter referred to as the
RELY “ASSOCIATION”;
CONSTRUCTION &
SUPPLY
HOMEOWNERS
ASSO. (DEVELOPER, ASSOCIATION and NHA are at times individually referred to
as “PARTY” or collectively as “PARTIES”)

WITNESSETH THAT:

WHEREAS, the NHA, pursuant to Sec. 10.9, Rule II of the Implementing Rules and
Regulations (IRR) of Republic Act (RA) No. 11201 otherwise known as the Department of
Human Settlements and Urban Development Act, continues to function as a production and
financing arm in housing and shall exercise all other functions based on its existing charter
and mandates as provided under existing laws.

WHEREAS, TS Pablo Resettlement Project - New Bataan Resettlement

Project 2 is a relocation project of NHA located in Purok 5, Sitio Taytayan, Brgy.
Andap, New Bataan, Compostela Valley intended for the families affected by
Typhoon Pablo in 2012.

WHEREAS, prior to the implementation of the aforementioned Project, the

site was assessed by the Mines and Geosciences Bureau (MGB) Central Office in
January 2013 where it found that the site was suitable for most forms of
development. A copy of the results of the said assessment is hereto attached as
Annex A;
 Memorandum of Agreement
Balai Maal’lag (On-site)
Purok 4, Brgy. Andap, New Bataan, Davao De Oro
Page 2 of 10
For the
DEVELOPER: WHEREAS, MGB XI likewise conducted a rapid geohazard assessment in
For the 2014 where it concluded that the site was relatively stable and suitable for the
ASSOCIATION: proposed development as it was not in any immediate danger of geologic hazards. A
For the copy of said assessment is also hereto attached as Annex B;
NHA:
WHEREAS, in 2017, a joint assessment from the Provincial and Municipal
Engineer’s Office, the Mined and Geosciences Bureau (MGB) and a team from the
Witnesses: Ateneo de Davao University (AdDU) showed observations contrary to the initial
reports made by the MGB. A copy of said assessment is hereto attached as Annex
RENATO R. C;
CASTAÑEDA
ROWELL BAUGTO WHEREAS, on 29 May 2018, MGB XI released a report entitled, “Geological
Assessment of the NHA Relocation Site located in Barangay Andap, New Bataan,
MARCELINO P. Compostela Valley Province”, concluding that the area is presently unstable and is
ESCALADA, JR. exposed to mass wasting and recommended the immediate relocation of the
beneficiaries;
CLEMENTE A.
DAYOT, CE WHEREAS, to ensure the safety of the beneficiaries, the Office of the
RENATO MDRRMC of New Bataan, Compostela Valley Province, and the NHA, represented
R. CASTAÑEDA by its General Manager, held a joint meeting on 29 June 2018 and agreed to pursue
PROPRIETOR the following courses of action, at the option of the beneficiaries: (1) provision of a
new relocation site (on-site relocation); (2) construction of houses on lots owned by
BALAI MAAL’LAG beneficiaries, subject to prior approval of MGB XI (offsite relocation); and (3) provide
(ON-SITE) the amount of PhP35,000.00 per family for this who elect to return to their respective
GENERAL provinces of origin;
MANAGER, NHA XI
WHEREAS, the three hundred fifteen (315) affected beneficiaries opted for
NHA
on-site relocation and majority of them identified and chose, through their
Representative
Community Association Resolution No. ____ (Annex D), the property owned by the
Developer
DEVELOPER as project site, which is situated in Barangay Andap, Municipality of
Representative
New Bataan, Province of Davao de Oro, with an area of eighty-two thousand three
RELY
hundred sixty-one square meters (82,361 sq. m.), more or less, and covered by
CONSTRUCTION &
SUPPLY
Transfer Certificate of Title (TCT) No. _________________, issued by the Registry
HOMEOWNERS of Deeds of Davao de Oro, a copy of which is hereto attached as Annex E;
ASSO.
WHEREAS, the NHA has included the development of the Balai Maal-lag (Onsite)
Project in its Work Program under the Community-Based Initiative Approach (CBIA) by
virtue of its Board Resolution No. 6819 dated 04 March 2021 and allotted the amount of Two
Hundred Fifty-Four Million Three Hundred Ninety-Two Thousand Two Hundred Fifty-Four
Pesos (PHP 254,392,254.00) in Purok 4, Barangay Andap, New Bataan, Davao De Oro;
 Memorandum of Agreement
Balai Maal’lag (On-site)
Purok 4, Brgy. Andap, New Bataan, Davao De Oro
Page 3 of 10

WHEREAS, the NHA and the Municipal Government of New Bataan entered into a
Memorandum of Agreement on 02 October 20201 setting forth their respective roles and
responsibilities for the development of the Balai Maal’lag (On-site);

WHEREAS, in addition, the NHA, through Board Resolution No. 6852 dated 02 June
2021 has approved the awarding of the housing units and developed lots for families
affected by Tropical Storm Pablo be in the form of a full grant, a copy of which is hereto
appended as Annex F;

WHEREAS, the DEVELOPER has offered its services to three hundred fifteen
(315) families2 who are members of the ASSOCIATION by delivering lots with completed
housing units in the Balai Maal’lag (On-site) based on NHA-approved land development
and building plans and specifications with the corresponding permits duly issued by the
concerned local government unit and other government offices with the ASSOCIATION’s
acceptance and endorsement on the building plans and drawings ;
For the
DEVELOPER:
WHEREAS, member-families of the ASSOCIATION are qualified for NHA financing
For the
through the Enhanced Community-Based Initiative Approach (CBIA) in the amount not
ASSOCIATION:
exceeding two hundred fifty-four million three hundred ninety-two two hundred forty-eight
For the and 28/100 (PHP254,392,248.28) for the acquisition of developed lots, completed housing
NHA: units, and community facilities identified as follows:

Witnesses: Php 127,953,000.00 for housing construction

30,531,800.00 for land development
RENATO R. 16,000,000.00 for land acquisition
CASTAÑEDA 9,921,945.38 for multi-purpose covered court
ROWELL BAUGTO 13,689,418.81 for wet and dry market
818,221.00 for tricycle terminal
MARCELINO P. 724,060.20 for materials recovery facility
ESCALADA, JR. 8,530,037.71 for livelihood training center (Model A)
4,750,033.06 for 2 classroom day care center
CLEMENTE A.
34,368,619.64 for 3-storey, 15 classroom school building
DAYOT, CE
7,735,112.48 for anaerobic baffled reactor
RENATO
R. CASTAÑEDA
PROPRIETOR
WHEREAS, the ASSOCIATION hereby commits and warrants that it is duly
BALAI MAAL’LAG authorized to represent the member-families to facilitate the grant of the developed lots and
(ON-SITE) the construction of completed housing units for the qualified applicants under such terms
GENERAL and conditions in accordance with the approved NHA guidelines for the CBIA;
MANAGER, NHA XI
WHEREAS, the DEVELOPER is the duly registered owner of the property identified
NHA and chosen by the ASSOCIATION as resettlement site for the Balai Maal-lag Onsite
Representative located in Purok 4, Barangay Andap, New Bataan, Davao De Oro and covered by Transfer
Developer of Certificate of Title TCT No. P-176593 issued by the Registry of Deeds containing an
Representative aggregate area of One Hundred Thirty-Five Thousand Five Hundred and Thirty-Seven
square meters (135,537 sq. m.);
RELY
CONSTRUCTION &
WHEREAS, the DEVELOPER warrants and guarantees that the above-mentioned
SUPPLY property is covered by a valid title, free from all liens and encumbrances, whatsoever, and it
HOMEOWNERS shall defend the ASSOCIATION and the NHA for all suits, actions, demands of whatever
ASSO. kind and for any damages and costs of litigation against their party claimants;

WHEREAS, the DEVELOPER also agrees to obtain the necessary Building Permits
from the concerned LGU for the Project and to deliver a total of Three Hundred Fifteen
(315) Single-Storey Rowhouse units intended for the beneficiaries identified herein;
1
Attached as Annex G and made an integral part hereof.
2
List of families endorsed by the ASSOCIATION attached as Annex “C” and made an integral part hereof.
 Memorandum of Agreement
Balai Maal’lag (On-site)
Purok 4, Brgy. Andap, New Bataan, Davao De Oro
Page 4 of 10

WHEREAS, the NHA agreed to finance the acquisition and development of 315
developed lots and housing units and the community facilities identified in the approved site
development plan attached hereto as Annex H based on the agreed costs and schedule of
deliveries as shown in Annex I which shall form integral part of this Agreement. Release of
payment to finance the acquisition of the developed lots with housing units shall be in
accordance with the approved NHA Guidelines/Terms of Reference of the CBIA;

NOW, THEREFORE, for and in consideration of the foregoing premises and mutual
covenants herein contained, the parties do hereby agree on and bind themselves to the
following:

ARTICLE I – SCOPE OF AGREEMENT

For the
DEVELOPER: This MEMORANDUM OF AGREEMENT shall cover the NHA’s financing of the
acquisition of developed lots and the construction of completed housing units from the
For the
DEVELOPER intended for the member-families of the ASSOCIATION utilizing the
ASSOCIATION:
allocated funds by the NHA for this purpose.
For the
NHA: 1.1 The maximum amount shall not exceed the following costs per component of the
Project:

Witnesses: Php 127,953,000.00 for housing construction

30,531,800.00 for land development
RENATO R. 16,000,000.00 for land acquisition
CASTAÑEDA 9,921,945.38 for multi-purpose covered court
ROWELL BAUGTO 13,689,418.81 for wet and dry market
818,221.00 for tricycle terminal
MARCELINO P. 724,060.20 for materials recovery facility
ESCALADA, JR. 8,530,037.71 for livelihood training center (Model A)
4,750,033.06 for 2 classroom day care center
CLEMENTE A.
34,368,619.64 for 3-storey, 15 classroom school building
DAYOT, CE
7,735,112.48 for anaerobic baffled reactor
RENATO
R. CASTAÑEDA
PROPRIETOR 1.2 The member-beneficiary families prior to movement and occupancy of the unit
shall execute and sign the Deed of Donation and Acceptance (DODA) for
BALAI MAAL’LAG developed lots/housing units setting forth therein to include the terms and
(ON-SITE) conditions of the grant.
GENERAL
MANAGER, NHA XI
ARTICLE II – ROLES AND RESPONSIBILITIES
NHA
Representative 2.1 The ASSOCIATION shall:
Developer
Representative a. Provide the NHA and DEVELOPER with information on its membership,
RELY registration, and other related data;
CONSTRUCTION &
b. Participate in the different stages of development of the Project.
SUPPLY
HOMEOWNERS
c. Provide information on the skilled and non-skilled laborers for the construction
ASSO.
and endorse qualified laborers;

d. Participate in the qualitative evaluation of the project through reporting of

observations on defects and construction deficiencies to enable NHA to advise
the Developer to correct and repair the reported deficiency during the course of
project implementation.

3
Attached as Annex “F” and made an integral part hereof.
 Memorandum of Agreement
Balai Maal’lag (On-site)
Purok 4, Brgy. Andap, New Bataan, Davao De Oro
Page 5 of 10

e. Participate in the various capacity building activities related to project planning

and implementation.

f. Ensure that each member-beneficiary shall execute and submit any and all
documents necessary for the completion of the Project and for the due transfer
or award of the completed housing units and developed lots to them;

g. Abide with all the conditions of the NHA as cited in the approved applicable
CBIA guidelines.

2.2 The DEVELOPER shall:

a. Coordinate and collaborate with the ASSOCIATION, endorsed by the Local

Housing Board of the MLGU of New Bataan, on matters relating to the project
planning and implementation, including the following:

i. Site selection;
For the ii. Construction schedule; and
DEVELOPER: iii. Hiring of skilled and non-skilled laborers.
For the
b. Participate in the conduct of orientation on Community-Based Initiative
ASSOCIATION:
Approach of NHA.
For the
NHA: c. Present to the Local Inter-Agency Committee (LIAC) their project proposals for
evaluation.

Witnesses: d. Engage the services of the community in site development and housing
construction in compliance to RA No. 6685.
RENATO R.
CASTAÑEDA e. Execute a warranty that the submitted plans, designs and specifications
ROWELL BAUGTO conforms with all pertinent laws, rules and regulations (national and local) with
NHA approved standards on site selection and planning, land development
MARCELINO P. and housing construction.
ESCALADA, JR.
f. Deliver the developed lots and completed housing units in permanent
CLEMENTE A. housing/resettlement sites, including community facilities or open spaces in
DAYOT, CE accordance with agreed and approved plans, designs, specifications,
RENATO standards and timeframe in accordance with MC No. 2015-0015.
R. CASTAÑEDA
PROPRIETOR g. Submit to the concerned NHA District Office partial as-built plans and
drawings for every progress payment as well as joint measurement and final
BALAI MAAL’LAG qualification for completed land development and housing construction works.
(ON-SITE)
h. Undertake all corrective/repair works, at its own expense, on land
GENERAL
development project components/infrastructure facilities found defective or
MANAGER, NHA XI
below specifications within thirty (30) days from receipt of notice from the
concerned NHA District Office.
NHA
Representative i. Warrant the complete, satisfactory and faithful performance of all works in
Developer accordance with the design, plans, and specifications approved by NHA, the
Representative MLGU of New Bataan, and other regulatory agencies.
RELY
CONSTRUCTION & j. Warrant the issuance of legal, valid, and authentic Transfer Certificates of Title
SUPPLY covering the lots including roads, open spaces, and community facilities by the
HOMEOWNERS Registry of Deeds of Davao de Oro based on the subdivision plan duly
ASSO. approved by the LMB- DENR. Said titles must be transferred in the name of
the NHA within sixty (60) calendar days from execution of the corresponding
deed conveying ownership of property to the NHA.
 Memorandum of Agreement
Balai Maal’lag (On-site)
Purok 4, Brgy. Andap, New Bataan, Davao De Oro
Page 6 of 10

If within sixty (60) days and the corresponding Transfer Certificates of Title are
not issued in the name of the NHA, then the latter may resort to whatever legal
action it may deem necessary to protect its rights and interests.

k. Maintain and secure, at its expense, all the completed serviced homelots and
subdivision infrastructure facilities until turn over and acceptance by the
concerned LGU or other agencies, but not to exceed one (1) year from the
date of actual acceptance of the serviced homelots and housing units covered
an appropriate instrument.

l. Ensure the extension and installation of permanent electrical and water

facilities up to the service entrance of each residential lot/housing unit the cost
of which shall be shouldered by the Developer and that the same are
operational and/or available prior to occupancy of serviced homelots and sites
for community facilities.
For the
DEVELOPER: m. Ensure submission of Surety/Guaranty Bond in favor of and acceptable to
For the NHA equivalent to ten percent (10%) of the gross purchase price to cover
ASSOCIATION: remedial works for any deficiency in the completed housing units and land
For the development undertaken by the proponent for a period of one (1) year
NHA: reckoned from the date of the acceptance of the lots/units covered by an
appropriate legal instrument.

Witnesses: n. Submit certified true copies of the test results necessary in the project
implementation to ensure quality of workmanship. All tests for land
RENATO R. development and housing construction components shall be undertaken by
CASTAÑEDA the Developer in the presence of duly designated NHA District Office
ROWELL BAUGTO representative(s) as well as other agencies to determine its quality, condition
and compliance to materials specifications. The costs of tests shall be for the
account of the Developer. All types of material testing/s shall be undertaken
MARCELINO P.
during the stage of project implementation.
ESCALADA, JR.
o. Secure occupancy permit(s) from the concerned local building official for the
CLEMENTE A. completed housing units at a maximum period of ninety (90) calendar days
DAYOT, CE after project completion.
RENATO
R. CASTAÑEDA
PROPRIETOR 2.3 The NHA shall:

BALAI MAAL’LAG a. Discuss the ASSOCIATION’s engagement on the project in areas of site
(ON-SITE) selection, site development, housing plans and assessing Developer’s
GENERAL performance.
MANAGER, NHA XI
b. Develop the ASSOCIATION’s capacity for partnership by conducting hands-
on experiential activities in the planning, monitoring and assessment of the
NHA project.
Representative
Developer c. Conduct periodic meetings with the ASSOCIATION to assess its participation
Representative in the project.
RELY
CONSTRUCTION & d. Undertake regular project site inspection at any time during the period of land
SUPPLY development and housing construction. Said inspection shall cover all
HOMEOWNERS stages/phases of construction from the start of the contract until project
ASSO. completion and acceptance which includes completion of the required sites for
community facilities and appurtenances and effect the turn-over of the same to
the concerned government entity for acceptance in accordance with the
provisions of section 76 of PD No. 1445.

e. Conduct regular project contract supervision, monitoring and evaluation on the

progress of implementation in the identified permanent housing/resettlement
site(s) to ensure quality of workmanship before, during and after project
 Memorandum of Agreement
Balai Maal’lag (On-site)
Purok 4, Brgy. Andap, New Bataan, Davao De Oro
Page 7 of 10

implementation and submit project accomplishment report to the Management

on a monthly basis.

f. Conduct project technical review and evaluation on the submitted proposal of

the Developer under “design and build” scheme of serviced homelots and
housing units to be acquired through financing by qualified beneficiaries in
accordance with MC No. 2015-015.

g. Ensure that the DEVELOPER completed contract works that conform to the
approved designs, plans/drawings and specifications. The concerned District
Office shall also certify as to the correctness of the claim and likewise, certify
that all completed works subject for release of payment were done in
accordance with the approved design plans/drawings and specifications.

h. Prepare the Master List of Qualified Household (MQH)/Beneficiaries with

corresponding lot allocation based on approved subdivision plan and execute
the required grant document and/or applicable contract document with the
Developer for the accepted developed lots and housing units in permanent
housing/resettlement sites at the early stage of project implementation in
coordination with Community Association and the MLGU of New Bataan.

i. Process, review and notarize individual grant documentation for qualified

families.

j. Recommend correction, repair works and to some extent reject the house and
lot units with defects and accept replacement thereof based on approved
plans and drawings.

k. Evaluate the request for the release of the five percent (5%) retention money
after acceptance on the completed units by Project Acceptance Committee
(PAC) duly created by NHA.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, this
______ day of _________ at the City of Manila, Philippines.

RELY CONSTRUCTION & SUPPLY BALAI MAAL’LAG (ON-SITE)

HOMEOWNERS ASSOCIATION
(BMOHOA)

By: By:

RENATO R. CASTAÑEDA ROWELL BAUGTO

Proprietor Interim President

NATIONAL HOUSING AUTHORITY

By:

MARCELINO P. ESCALADA, JR.

General Manager

Signed in the Presence of:

CLEMENTE A. DAYOT, CE RENATO R. CASTAÑEDA

NHA’s Representative Developer’s Representative
 Memorandum of Agreement
Balai Maal’lag (On-site)
Purok 4, Brgy. Andap, New Bataan, Davao De Oro
Page 8 of 10

ACKNOWLEDGMENT

REPUBLIC OF THE )
PHILIPPINES S.S.
QUEZON CITY, METRO MANILA )
x---------------------------------------------------------------x

BEFORE ME, the undersigned Notary Public for and in __________________

personally appeared MARCELINO P. ESCALADA, JR. in his capacity as General Manager
of the NATIONAL HOUSING AUTHORITY with NHA I.D. No. 61654, known to me and to
me known to be the same person who executed the foregoing instrument and sworn and
acknowledged to me that the same is his free and voluntary act and deed as well as the
entity which he represents.

This instrument refers to a Memorandum of Agreement consisting of eleven (11)

pages including this page on which the Acknowledgement is written, duly signed by the
parties and their instrumental witnesses on each and every page thereof.

WITNESS MAY HAND AND SEAL in _______________, Philippines on this

_______ day of ________2021 at place, date first above-mentioned.

Doc. No. _____ NOTARY PUBLIC

Page No. _____
Book No, _____
Series of 2021

ACKNOWLEDGMENT

REPUBLIC OF THE )
PHILIPPINES S.S.
___________________________ )
x---------------------------------------------------------------x
 Memorandum of Agreement
Balai Maal’lag (On-site)
Purok 4, Brgy. Andap, New Bataan, Davao De Oro
Page 9 of 10

BEFORE ME, the undersigned Notary Public for and in __________________

personally appeared _____________________ in his capacity as President of the
________________ with _______________ I.D. No. __________, known to me and to me
known to be the same person who executed the foregoing instrument and sworn and
acknowledged to me that the same is his free and voluntary act and deed as well as the
entity which he represents.

This instrument refers to a Memorandum of Agreement consisting of eleven (11)

pages including this page on which the Acknowledgement is written, duly signed by the
parties and their instrumental witnesses on each and every page thereof.

WITNESS MAY HAND AND SEAL in _______________, Philippines on this

_______ day of ________2021 at place, date first above-mentioned.

Doc. No. _____ NOTARY PUBLIC

Page No. _____
Book No, _____
Series of 2021
 Memorandum of Agreement
Balai Maal’lag (On-site)
Purok 4, Brgy. Andap, New Bataan, Davao De Oro
Page 10 of 10

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

___________________________ ) S.S.
_
x---------------------------------------------------------------x

BEFORE ME, the undersigned Notary Public for and in __________________

personally appeared ____________________ in his capacity as Interim President of the
BALAI MAAL’LAG (ON-SITE) HOME OWNERS ASSOCIATION with _______________
I.D. No. __________, known to me and to me known to be the same person who executed
the foregoing instrument and sworn and acknowledged to me that the same is his free and
voluntary act and deed as well as the entity which he represents.

This instrument refers to a Memorandum of Agreement consisting of eleven (11)

pages including this page on which the Acknowledgement is written, duly signed by the
parties and their instrumental witnesses on each and every page thereof.

WITNESS MAY HAND AND SEAL in _______________, Philippines on this

_______ day of ________2021 at place, date first above-mentioned.

Doc. No. _____ NOTARY PUBLIC

Page No. _____
Book No, _____
Series of 2021