DOE Advisory 3 - Modified Possessory Rights Requirements

Republic of the Philippines
DEPARTMENT OF ENERGY
Energy Center, Rizal Drive corner 34th Street
Bonifacio Global City, Taguig City
Metro Manilla
TEMPLATE AFFIDAVIT ON ACQUISITION OF OWNERSHIP /

POSSESSORY RIGHTS OVER PRIVATE PROPERTY
FOR RE CONTRACT APPLICATION
Annex “A” of DOE Advisory No. 3 dated 29 April 2023
AFFIDAVIT ON ACQUISITION OF OWNERSHIP /

(FOR RE CONTRACT APPLICATION)
I, _________________________ [name of authorized representative], of legal

age, ___________________ [nationality], with business address at
______________________ [principal office address of the RE Applicant], hereby
depose and say that:
1. I am the ____________________ [designation of officer] and the duly

authorized representative of _____________________ [name of RE Applicant]
(“RE Applicant”), pursuant to its Board Resolution No. ____, s. ____ dated
____________, with sufficient authority to execute this Affidavit for and on
behalf of the RE Applicant.
2. The RE Applicant will enter into contract/s, deed/s, and/or agreement/s over the
parcels of private property covering the entire area of interest (“AOI”) for the
proposed ____________________ [name of the proposed solar or biomass
power project] with the registered owners, their heirs, or other persons having
interest over the said properties, and/or their transferees, assignees, or
successors-in-interest.
3. Through the aforesaid contract/s, deed/s, agreement/s, the RE Applicant will

acquire ownership and/or possessory rights over the project area/site for its RE
Application for [Solar Energy Operating Contract (SEOC) / Biomass Renewable
Energy Operating Contract (BREOC)] and, prior to the construction and
installation of the ____________________ [name of the proposed solar or
biomass power project] as prescribed by the approved Work Program, the legal
right to install, construct, operate, and maintain the proposed RE Project on the
private property shall fully vest unto the RE Applicant.
4. RE Applicant hereby undertakes to ensure that the said contract/s, deed/s,

agreement/s shall be valid and enforceable. Further, RE Applicant undertakes
to exercise due diligence to ensure that no instrument, action, or proceeding,
whether pending or threatened, or any government action or issuance will
defeat the RE Developer’s abovementioned legal right.
5. The RE Applicant acknowledges and agrees that if the Project facilities are not
installed strictly in accordance with the timeline under the Work Program, the
1
RE Applicant shall submit copies of the contract/s, deed/s, agreement/s,
certificates of title, board resolutions and other approvals, proof of identity of
landowners, proof of identity of signatories to the aforesaid contract/s, deed/s,
agreement/s, due diligence reports, and any and all documents, instruments,
and communications substantiating the statements, undertakings, and/or
representations made in this Affidavit within five (5) working days from receipt
of notice from the Department of Energy (“DOE”).
6. If, after due evaluation, the DOE finds that misrepresentation and/or falsity in
any of the foregoing statements, or that the RE Applicant’s failure to abide by
the undertakings herein made, contributed to, and/or resulted in, failure or
inability to install the Project facilities strictly in accordance with the timeline
under the Work Program for ____________________ [name of the proposed
solar or biomass power project], _______________ [name of RE Applicant]
shall have no recourse and hereby undertakes to voluntarily relinquish the
[SEOC / BREOC] awarded upon reliance on this Affidavit within thirty (30)
calendar days from receipt of notice from DOE.
7. The RE Applicant undertakes to defend and hold DOE, its officers, employees,
and staff harmless from any and all damages, liabilities, fines, penalties directly
or indirectly arising from, or reasonably attributable to, DOE’s reliance on this
Affidavit, should there be any misrepresentation and/or falsity in any of the
above statements, or any failure to abide by the undertakings.
IN WITNESS WHEREOF, I hereunto affix my signature this ____ day of

___________ 20__, at ________________________.
_____________________________
Affiant
_________________ ___________________
Witness Witness
2
Republic of the Philippines )
City ________________ ) S.S.
BEFORE ME, this ___ day of _____________ 202__, in the City of

_______________, personally appeared:
Name ID Date & Place of Issue
__________________ __________________ ___________________
representing to be the __________________________ [designation of officer] of

________________________ [name of RE Applicant], and known to me to be the
same person who executed the foregoing instrument for and in behalf of the said
entity, and he/she acknowledged to me that the same is the act and deed of
__________________________ [name of RE Applicant] and that he/she is duly
authorized to sign the same.
IN WITNESS WHEREOF, I have hereunto set my hand on the date and place
above written.
Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 20__.
3
Metro Manilla
TEMPLATE AFFIDAVIT OF FILING OF APPLICATION TO ACQUIRE

OWNERSHIP/POSSESSORY RIGHTS OVER PUBLIC PROPERTY
FOR RE CONTRACT APPLICATION
Annex “B” of DOE Advisory No. 3 dated 29 April 2023
AFFIDAVIT OF FILING OF APPLICATION TO ACQUIRE OWNERSHIP /

POSSESSORY RIGHTS OVER PUBLIC PROPERTY
(FOR RE CONTRACT APPLICATION)

______________________ [principal office address of the RE Applicant], hereby

authorized representative of _____________________ [name of RE Applicant]
(“RE Applicant”), pursuant to its Board Resolution No. ____, s. ____ dated
____________, with sufficient authority to execute this Affidavit for and on
behalf of the RE Applicant.
2. The Area of Interest (“AOI”) of the RE Application for [Solar Energy Operating
Contract (“SEOC”) / Biomass Renewable Energy Operating Contract
(“BREOC”)] for the proposed ____________________ [name of the proposed
solar or biomass power project] covers public property, which is under the
jurisdiction/authority of ___________________ [name/s of government
agency/office/instrumentality].
3. On _________________ [date], the RE Applicant submitted the complete

documentary requirements for its ____________________ [name of
application to acquire possessory rights, e.g., SLUP, FLAg, Miscellaneous
Lease Agreement, Foreshore Lease Agreement, etc.] covering the entire AOI
for the project.
4. Based on the standard terms and conditions of the permit, license, agreement,
or other instrument applied for, possessory rights over the public property
covered by the entire AOI, including the right to install, construct, operate,
maintain the proposed project thereon, will be vested unto the RE Applicant
upon the issuance/award of such permit, license, agreement, or instrument in
its favor.
5. To the best of my knowledge and information, the aforesaid application for

permit, license, agreement, or other instrument is sufficient in form and
substance. Further, after exercising due diligence, the RE Applicant, its
directors and officers did not find, and/or has no knowledge of, any instrument,
1
action, or proceeding, whether pending or threatened, or any government
action or issuance that will defeat or may reasonably defeat the issuance/award
of such permit, license, agreement, or instrument.
6. The RE Applicant acknowledges and agrees that if the Project facilities are not
installed strictly in accordance with the timeline under the Work Program, the
RE Applicant shall submit copies of its application for ____________________
[name of application to acquire possessory rights], the complete documentary
requirements submitted in support thereof, board resolutions and other
approvals, proof of identity of signatories to the aforesaid application, due
diligence reports, and any and all documents, instruments, and
communications substantiating the statements and/or representations made in
this Affidavit within five (5) working days from receipt of notice from the
Department of Energy (“DOE”).
any of the foregoing statements contributed to, and/or resulted in, failure or
under the Work Program for ____________________ [name of the proposed
solar or biomass power project], _______________ [name of RE Applicant]
shall have no recourse and hereby undertakes to voluntarily relinquish the
[SEOC / BREOC] awarded upon reliance on this Affidavit within thirty (30)
calendar days from receipt of notice from DOE.
8. The RE Applicant undertakes to defend and hold DOE, its officers, employees,
above statements.

___________ 20__, at ________________________.
_____________________________
Affiant
_________________ ___________________
Witness Witness
2
City ________________ ) S.S.

__________________ __________________ ___________________

________________________ [name of RE Applicant], and known to me to be the
__________________________ [name of RE Applicant] and that he/she is duly
above written.
Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 20__.
3
Metro Manilla
TEMPLATE AFFIDAVIT OF ACQUISITION OF OWNERSHIP /

FOR DECLARATION OF COMMERCIALITY
Annex “C” of DOE Advisory No. 3 dated 29 April 2023
AFFIDAVIT OF ACQUISITION OF OWNERSHIP /

(FOR DECLARATION OF COMMERCIALITY)

______________________ [principal office address of the RE Developer], hereby

authorized representative of _____________________ [name of RE
Developer] (“RE Developer”), pursuant to its Board Resolution No. ____, s.
____ dated ____________, with sufficient authority to execute this Affidavit for
and on behalf of the RE Developer.
2. The RE Developer [was awarded / was the assignee of]

_____________________ [name and number of RE Service/Operating
Contract] covering the ____________________ [name of RE Project].
3. The Production Area (“PA”) designated by the RE Developer for the Declaration
of Commerciality (“DOC”) of the ____________________ [name of the RE
Project] covers private property located in ____________________ [name of
city/municipality], Province of ____________.
4. The RE Developer entered into contract/s, deed/s, and/or agreement/s over the
parcels of private property covering the entire PA with the registered owners,
their heirs, or other persons having interest over the said properties, and/or their
transferees, assignees, or successors-in-interest.
5. Through the aforesaid contract/s, deed/s, agreement/s, the RE Developer has

acquired ownership and/or possessory rights over the entire PA for its DOC
and, at the time of filing the DOC, the legal right to install, construct, operate,
and maintain the RE Project on the private lands has vested unto the RE
Developer.
6. To the best of my knowledge and information, the said contract/s, deed/s,

and/or agreement/s are valid and enforceable. Further, after exercising due
diligence, the RE Developer, its directors and officers did not find, and/or has
no knowledge of any instrument, action, or proceeding, whether pending or
1
threatened, or any government action or issuance that will defeat or may
reasonably defeat the RE Developer’s abovementioned legal right.
7. The RE Developer acknowledges and agrees that if the Project facilities are not
installed strictly in accordance with the timeline under the Work Plan, the RE
Developer shall submit copies of the contract/s, deed/s, agreement/s,
certificates of title, board resolutions and other approvals, proof of identity of
landowners, proof of identity of signatories to the aforesaid contract/s, deed/s,
agreement/s, due diligence reports, and any and all documents, instruments,
and communications substantiating the statements and/or representations
made in this Affidavit within five (5) working days from receipt of notice from the
under the Work Plan for ____________________ [name of the RE Project],
_______________ [name of RE Developer] shall have no recourse and hereby
undertakes to voluntarily relinquish _____________________ [name and
number of RE Service/Operating Contract] within thirty (30) calendar days from
receipt of notice from DOE.
9. The RE Developer undertakes to defend and hold DOE, its officers, employees,
above statements.

___________ 20__, at ________________________.
_____________________________
Affiant
_________________ ___________________
Witness Witness
2
City ________________ ) S.S.

__________________ __________________ ___________________

________________________ [name of RE Developer], and known to me to be the
__________________________ [name of RE Developer] and that he/she is duly
above written.
Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 20__.
3
Metro Manilla
TEMPLATE AFFIDAVIT OF ACQUISITION OF OWNERSHIP /

FOR DECLARATION OF COMMERCIALITY
Annex “D” of DOE Advisory No. 3 dated 29 April 2023
AFFIDAVIT OF ACQUISITION OF OWNERSHIP /

(FOR DECLARATION OF COMMERCIALITY)

______________________ [principal office address of the RE Developer], hereby

authorized representative of _____________________ [name of RE
Developer] (“RE Developer”), pursuant to its Board Resolution No. ____, s.
____ dated ____________, with sufficient authority to execute this Affidavit for
and on behalf of the RE Developer.
2. The RE Developer [was awarded / was the assignee of]

_____________________ [name and number of RE Service/Operating
Contract] covering the ____________________ [name of RE Project].
3. The Production (“PA”) designated by the RE Developer for the Declaration of

Commerciality (“DOC”) of ____________________ [name of the RE Project]
covers public property located in ____________________ [name of
city/municipality], Province of ____________, which is under the
jurisdiction/authority of __________________ [name/s of government
agency/office/instrumentality].
4. On _________________ [date], _____________________ [name of RE

Developer] submitted the complete documentary requirements for its
____________________ [name of application to acquire possessory rights,
e.g., SLUP, FLAg, Miscellaneous Lease Agreement, Foreshore Lease
Agreement, etc.] covering the entire PA for the project.
5. On _________________ [date], the _________________ [name of permit,

license, agreement, or other instrument] was issued/awarded to the RE
Developer.
6. Based on the terms and conditions of the _________________ [name of

permit, license, agreement, or other instrument], the RE Developer has
acquired ownership and/or possessory rights over the entire PA for its DOC
1
and, at the time of filing the DOC, the legal right to install, construct, operate,
and maintain the RE Project on the public property has vested unto the RE
Developer.
7. To the best of my knowledge and information, the said permit, license,

agreement, or other instrument is valid and enforceable. Further, after
exercising due diligence, the RE Developer, its directors and officers did not
find, and/or has no knowledge of any instrument, action, or proceeding, whether
pending or threatened, or any government action or issuance that will defeat or
may reasonably defeat the RE Developer’s abovementioned legal right.
8. The RE Developer acknowledges and agrees that if the Project facilities are not
installed strictly in accordance with the timeline under the Work Plan, the RE
Developer shall submit copies of the ____________________ [name of permit,
license, agreement, or other instrument], the complete documentary
requirements submitted in support thereof, board resolutions and other
approvals, proof of identity of signatories to the aforesaid application, due
diligence reports, and any and all documents, instruments, and
communications substantiating the statements and/or representations made in
this Affidavit within five (5) working days from receipt of notice from the
under the Work Plan for ____________________ [name of the RE Project],
_______________ [name of RE Developer] shall have no recourse and hereby
undertakes to voluntarily relinquish _____________________ [name and
number of RE Service/Operating Contract] within thirty (30) calendar days from
receipt of notice from DOE.
10. The RE Developer undertakes to defend and hold DOE, its officers, employees,
above statements.

___________ 20__, at ________________________.
_____________________________
Affiant
_________________ ___________________
Witness Witness
2
City ________________ ) S.S.

__________________ __________________ ___________________

________________________ [name of RE Developer], and known to me to be the
__________________________ [name of RE Developer] and that he/she is duly
above written.
Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 20__.

DOE Advisory 3 - Modified Possessory Rights Requirements

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Republic of the Philippines

TEMPLATE AFFIDAVIT ON ACQUISITION OF OWNERSHIP /

AFFIDAVIT ON ACQUISITION OF OWNERSHIP /

I, _________________________ [name of authorized representative], of legal

1. I am the ____________________ [designation of officer] and the duly

3. Through the aforesaid contract/s, deed/s, agreement/s, the RE Applicant will

4. RE Applicant hereby undertakes to ensure that the said contract/s, deed/s,

IN WITNESS WHEREOF, I hereunto affix my signature this ____ day of

BEFORE ME, this ___ day of _____________ 202__, in the City of

Name ID Date & Place of Issue

__________________ __________________ ___________________

representing to be the __________________________ [designation of officer] of

Doc. No. ____;

TEMPLATE AFFIDAVIT OF FILING OF APPLICATION TO ACQUIRE

AFFIDAVIT OF FILING OF APPLICATION TO ACQUIRE OWNERSHIP /

I, _________________________ [name of authorized representative], of legal

1. I am the ____________________ [designation of officer] and the duly

3. On _________________ [date], the RE Applicant submitted the complete

5. To the best of my knowledge and information, the aforesaid application for

IN WITNESS WHEREOF, I hereunto affix my signature this ____ day of

BEFORE ME, this ___ day of _____________ 202__, in the City of

Name ID Date & Place of Issue

__________________ __________________ ___________________

representing to be the __________________________ [designation of officer] of

Doc. No. ____;

TEMPLATE AFFIDAVIT OF ACQUISITION OF OWNERSHIP /

AFFIDAVIT OF ACQUISITION OF OWNERSHIP /

I, _________________________ [name of authorized representative], of legal

1. I am the ____________________ [designation of officer] and the duly

2. The RE Developer [was awarded / was the assignee of]

5. Through the aforesaid contract/s, deed/s, agreement/s, the RE Developer has

6. To the best of my knowledge and information, the said contract/s, deed/s,

IN WITNESS WHEREOF, I hereunto affix my signature this ____ day of

BEFORE ME, this ___ day of _____________ 202__, in the City of

Name ID Date & Place of Issue

__________________ __________________ ___________________

representing to be the __________________________ [designation of officer] of

Doc. No. ____;

TEMPLATE AFFIDAVIT OF ACQUISITION OF OWNERSHIP /

AFFIDAVIT OF ACQUISITION OF OWNERSHIP /

I, _________________________ [name of authorized representative], of legal

1. I am the ____________________ [designation of officer] and the duly

2. The RE Developer [was awarded / was the assignee of]

3. The Production (“PA”) designated by the RE Developer for the Declaration of

4. On _________________ [date], _____________________ [name of RE

5. On _________________ [date], the _________________ [name of permit,

6. Based on the terms and conditions of the _________________ [name of

7. To the best of my knowledge and information, the said permit, license,

IN WITNESS WHEREOF, I hereunto affix my signature this ____ day of

BEFORE ME, this ___ day of _____________ 202__, in the City of

Name ID Date & Place of Issue

__________________ __________________ ___________________

representing to be the __________________________ [designation of officer] of

Doc. No. ____;

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BEFORE ME, this _ day of _________ 202, in the City of

___

BEFORE ME, this _ day of _________ 202, in the City of

___

BEFORE ME, this _ day of _________ 202, in the City of

___

4. On _ [date], _____ [name of RE

5. On _ [date], the _ [name of permit,

BEFORE ME, this _ day of _________ 202, in the City of

___