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MEMORANDUM OF AGREEMENT

(Privileged and Confidential)

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT, made and entered into by and between:

Lolita I Tumaob, hereinafter referred to as “FIRST PARTY”, Filipino, of


legal age, married and with address at Cogon Brgy. Tuban Mun. of Sta. Cruz
Davao Del Sur.;

- and -

____________________, of legal age, Filipino, married and with office


address at PADATE, PADATE, PADATE, PADATE and Associates, 323 Matling
Ave., Curahab, Malabang, Lanao del Sur (Provincial address) and 8 th St. Nazareth,
Cagayan de Oro City (City address), hereinafter referred to as “SECOND
PARTY”;

WITNESSETH:

WHEREAS, the FIRST PARTY desires to avail the services of the SECOND
PARTY to represent him in the Expropriation Proceedings filed Transmission
Corporation (TransCo) against Lucino Ito involving his property covered Transfer
Certificate of Title No. T-46228 situated in Mun. of Sta. Cruz, Davao Del Sur
and traversed by the 138KV Transmission Line Project of TransCo.

WHEREAS the SECOND PARTY is willing to accept the desired service


proposed by the FIRST PARTY, subject to such terms and conditions embodied in
this agreement.

NOW THEREFORE, the parties have hereto to agree to the contingency


arrangement as follows:

1. THE SECOND PARTY shall advise the FIRST PARTY, who shall
represent them in all matters relating to the claim for just
compensation for the subject properties, which were affected by the
above-mentioned project of TransCo, including the hiring of a
counsel who will represent them in court, filing of the appropriate
action in court to compel payment and/or Inverse Condemnation and
such other provisional and concomitant remedies such as settlement
negotiations for the purpose of securing just compensation, damages
and other claims as may be availed of during pre-trial, mediation or
out of court settlement either preliminary, during and subsequent to
the case filed against TransCo;

2. THE FIRST PARTY shall provide the SECOND PARTY of all the
necessary documents and papers including titles, tax declaration,
zonal valuations, land classifications, special power of attorney and
the like. Shall inform the latter of any developments and pay the
contingency agreement hereto set forth.

3. THE FIRST PARTY agrees to a FOURTY (60%) percent share in


favor of the SECOND PARTY of the proceeds of the claim, or of
any and all amount whatsoever received by way of damages, fees,
just compensation, consideration through sale either through a court
judgment or through negotiated settlement out of court or through
mediation proceedings with TransCo;

4. FIRST PARTY agrees to defray the cost of suit if necessary, for the
success of the claim, the filing fees if any, photocopying expenses,
transportation expenses, representation expenses, transcript of
stenographic, certified true copies of titles, tax declarations, survey
and lawyer’s fees, as administrative expense;

5. The FIRST PARTY shall not authorize or issue Special Power of


Attorney to any other person relating to the claim for just
compensation with TransCo, nor cancel the Special Power of
Attorney he/she issued in favor of the SECOND PARTY.

6. This agreement shall take effect upon signing thereof and shall
terminate upon conclusion of the case either by court decision or
negotiated settlement or upon written notice, upon just cause, served
personally by either party or at least fifteen (15) calendar days prior
to the said termination of services.

THE PARTIES HAVE READ, UNDERSTOOD AND AGREED TO THE


ABOVE TERMS AND WILL USE THEIR BEST EFFORTS TO COMPLY
WITH THE SAME.

Lolita I. Tumaob
First Party

Second Party

SIGNED IN THE PRESENCE OF:


Marlito E. Gomez and James Hofer

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES}


_____________________________________}

BEFORE ME, A Notary Public for and in the City of _______________, this
____________personally appeared the following:

NAME ID NO. PLACE DATE OF


ISSUE

Known to be the same persons who executed the foregoing Agreement consisting
of _____ (_) pages including this acknowledgement, signed by the parties and their
instrumental witnesses in each and every page thereof.

WITNESS MY HAND AND SEAL on the date and place above stated.

Doc. No.______
Page No.______
Book No.______
Series of 2021.

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