MEMORANDUM OF AGREEMENT

_______________________________

KNOW ALL MEN BY THESE PRESENTS:

Signed in the Presence of:

________________________

This Agreement, made and executed by and among:

NATIONAL HOUSING AUTHORITY, is a government-owned and

-controlled corporation, with Regional Office at NHA Regiona VIII,
Sagkahan, Tacloban City, Philippines, herein represented by its authorized
representative, Engr. RIZALDE A. MEDIAVILLO, OIC, NHA Region VIII,
herein referred to as “NHA”;

R.R. ENCABO CONSTRUCTORS, INC., a corporation duly organized

and existing under the laws of the Republic of the Philippines with business
NATIONAL GRID CORPORATION OF THE PHILIPPINES

address at 40 Ashey Street, North Fairview Subdivision, Quezon City,

represented herein by its duly authorized representative SIMPLICIO R.
APALISOK JR. by virtue of a Resolution passed by its Board of Directors
on ____________ embodied in the Secretary’s Certificate dated
_________, a copy of which is hereto attached as Annex “A”, hereinafter
_______________________________

referred to as “R.R. ENCABO”;

Chief Administration Ofcer
BRYAN ANDERSEN Y. CO

- and -

NATIONAL GRID CORPORATION OF THE PHILIPPINES, a

corporation created and existing under the laws of the Republic of the
Represented by:

Philippines, with principal office address at the NGCP Building, Quezon

Avenue corner BIR Road, Diliman, Quezon City, represented herein by
BRYAN ANDERSON Y. CO, OIC, Chief Administrative Officer, by virtue of
a Resolution passed by its Board of Directors on 6 April 2011 embodied in
the Secretary’s Certificate dated 7 April 2011, a copy of which is hereto
attached as Annex “B,” hereinafter referred to as the “NGCP;”
R.R. ENCABO CONSTRUCTORS, INC.

(The NHA, R.R. ENCABO CONSTRUCTORS, INC. and NGCP are

collectively referred to herein as the “Parties” and individually as a “Party”)
________________________

Authorized Representative
SIMPLICO APALISOK

WITNESSETH THAT:
Represented by:

WHEREAS, in compliance with its mandate to provide sufficient and

reliable electricity, NGCP initiated the Ormoc-Babatngon 138kV
Transmission Line Project, hereinafter referred to as the “Transmission
Line Project”;
NATIONAL HOUSING AUTHORITY

_____________________________

Regional Manager, Region VIII

WHEREAS, part of the Transmission Line Project is the installation of

RIZALDE A. MEDIAVILLO

a transmission line, which will traverse through a portion of the parcel of

land covered by Transfer Certificate of Title [TCT] No. T-6279 registered in
the name of Paulita T. Yu, et. al., located in Brgy. San Isidro, Suhi, Tacloban
Represented By:

City;

WHEREAS, on 7 November 2012, the owners of the said parcel of

land covered by TCT No. T-6279 granted a right-of-way easement over a
portion of the said property for NGCP’s Transmission Line Project;
 WHEREAS, NHA is tasked by the National Government to implement
the resettlement program for the victims of Typhoon Yolanda entitled
“Procurement of Fully Developed Lots and Complete Housing (750 units)
of Guadalupe Heights 3, located at San Isidro (Suhi), Tacloban City”, and in
the process identified the parcel of land covered by TCT No. T-6279
Signed in the Presence of:

________________________

(attached hereto as Annex “C”) as resettlement site;

WHEREAS, R.R. ENCABO was engaged by NHA to undertake the

implementation of the aforementioned Project: “Procurement of Fully
Developed Lots and Complete Housing (750 units) of Guadalupe Heights
3, located at San Isidro (Suhi), Tacloban City”;

WHEREAS, R.R. ENCABO will procure for NHA all the necessary
requirements for the implementation of the Project, including the acquisition
of the property needed as relocation site.
NATIONAL GRID CORPORATION OF THE PHILIPPINES

WHEREAS, pursuant to the said NHA Project, R.R. ENCABO

acquired a portion consisting of 33,000 square meters of the parcel of land
covered by TCT No. T- 6279 registered in the name of Paulita T. Yu, et.al.

WHEREAS, on 06 August 2015, the owners of the parcel of land

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covered by TCT No. T-6279 executed a Deed of Absolute Sale in favor of

NHA conveying the said portion consisting of 33,000 square meters (a copy
Chief Administration Ofcer
BRYAN ANDERSEN Y. CO

is hereto attached as Annex “D”).

WHEREAS, on 06 December 2016, Transfer Certificate of Title [TCT]

No. 122-2017000011 was issued in the name of NHA (attached hereto as
Represented by:

annex “E”) covering the said 33,000 square-meter portion of the parcel of
land then covered by TCT No. T-6279 and owned by Paulita Yu, et.al. The
said portion is now denominated as Lot No. 1-B, Plan No. PSD-08-034873-
D.

WHEREAS, part of the 33,000 square-meter portion now registered

as Lot No. 1-B, Plan No. PSD-08-034873-D, in the name of NHA covered
R.R. ENCABO CONSTRUCTORS, INC.

by TCT No. 122-2017000011 is the portion covered by the right-of-way

SIMPLICIO R. APALISOK JR.

easement granted by Paulita Yu, et.al. on 7 November 2012 to NGCP.

________________________

Authorized Representative

WHEREAS, pursuant to R.R. ENCABO’s undertaking to develop the

33,000 square-meter area into a relocation site under NHA’s Project:
“Procurement of Fully Developed Lots and Complete Housing (750 units)
Represented by:

of Guadalupe Heights 3, located at San Isidro (Suhi), Tacloban City”, R.R.

ENCABO initiated development works on the said area, including the
portion covered by NGCP’s right-of-way easement, and in the process
incurred development cost;
NATIONAL HOUSING AUTHORITY

_____________________________

WHEREAS, based on the survey conducted, the area on Lot No. 1-B,
Regional Manager, Region VIII

Plan No. PSD-08-034873-D affected by NGCP’s right-of-way for its

RIZALDE A. MEDIAVILLO

Transmission Line Project consists of 4,119 square meters (a copy of the

Sketch Plan is hereto attached as Annex “F”).
Represented By:

WHEREAS, the parties herein agree that the said 4,119 square
meters cannot be efficiently utilized for the construction of residential
houses as resettlement site for the victims of Typhoon Yolanda and
therefore needs to be excluded from R.R. ENCABO’s undertaking to
develop under NHA’s aforementioned Project;
 NOW THEREFORE, for and in consideration of the foregoing
premises, the Parties herein hereby agree as follows:

I. OBLIGATIONS OF NHA:
Signed in the Presence of:

________________________

a). Shall convey and transfer to NGCP the portion of Lot No. 1-B, Plan
No. PSD-08-034873 consisting of 4,119 square meters covered by the
Sketch Plan (Annex “F”).

b). In consideration for the said conveyance, NHA will not pay R.R.
ENCABO for the development cost which the latter incurred in developing
the area affected by NGCP’s Transmission Line Project.

c). Shall waive and release NGCP from any and all claims arising from
NGCP’s acquisition of a portion consisting of 4,119 square meters of Lot
NATIONAL GRID CORPORATION OF THE PHILIPPINES

No. 1-B, Plan No. PSD-08-034873 covered by TCT No. 122-2017-000011

affected by NGCP’s Transmission Line Project.

d). Agrees to annotate on TCT No. 122-2017-000011 this Memorandum of

Agreement.
_______________________________

e). Shall cause the delivery to NGCP of the Owner’s Duplicate Original
Chief Administration Ofcer

Copy of TCY No. 122-2017-000011 for the annotation of the Memorandum

BRYAN ANDERSEN Y. CO

of Agreement and when NGCP requires it during the processing of the

issuance of a new title in NGCP’s name for the area affected consisting of
4,119 square meters.
Represented by:

II. OBLIGATIONS OF NGCP:

a) Shall pay and release to R.R. ENCABO the amount of FOUR MILLION
NINE HUNDRED TWENTY-FIVE THOUSAND AND THIRTY-FIVE
PESOS (PHP4,925,035.00) representing the development cost incurred
by R.R. ENCABO for the area consisting of 4,119 square meters
R.R. ENCABO CONSTRUCTORS, INC.

covered by Sketch Plan (Annex “F”) affected by NGCP’s Transmission

SIMPLICIO R.APALISOK JR.

Line Project, as consideration for the acquisition of the said area

________________________

Authorized Representative

affected.

b.) Waive upon receipt of the consideration waive and release of National
Represented by:

Housing Authority and R.R. Encabo Constructors, Inc.

III. OBLIGATIONS OF R.R. ENCABO CONSTRUCTORS, INC.:

a). Shall not claim from NHA the development cost for the area
NATIONAL HOUSING AUTHORITY

consisting of 4,119 square meters conveyed by NHA to NGCP.

_____________________________

Regional Manager, Region VIII

RIZALDE A. MEDIAVILLO

b). Waive and release NHA from any and all claims, charges, fees
whatsoever arising from the activities conducted for the development of the
area consisting of 4,119 square meters conveyed by NHA to NGCP.
Represented By:

c). In consideration of the payment by NGCP of P4,925,035.00, R.R.

ENCABO CONSTRUCTORS, INC. hereby waives and releases NGCP
from any and all claims, charges, fees whatsoever arising from the
activities conducted for the development of the area consisting of 4,119
square meters conveyed by NHA to NGCP and for the acquisition by the
latter of the said area.
Signed in the Presence of:

IV. BINDING EFFECT TO SUCCESSORS AND ASSIGNS

Signed in the Presence of:

________________________

This Agreement and all items and conditions shall bind and inure to the
benefit of the Parties and their respective successors and duly permitted
assigns.

V. ENTIRE AGREEMENT
________________________

This instrument constitutes the entire agreement between the Parties. Any
amendments hereto shall not be effective unless executed in writing by the
NATIONAL GRID CORPORATION OF THE PHILIPPINES

Parties.
NATIONAL GRID CORPORATION OF THE PHILIPPINES

VI. GENERAL PROVISIONS

a). The failure of either Party to insist upon a strict performance of any of
_______________________________

the terms, conditions and covenants hereof shall not be deemed as

relinquishment or waiver of any rights or remedy that a Party may have, nor
Chief Administration Ofcer
BRYAN ANDERSEN Y. CO

shall it be construed as a waiver of a subsequent breach or default of the

terms, conditions and covenants hereof, which terms and conditions and
covenants shall continue to be in full force and effect. No waiver by either
Party of any rights under this Agreement shall be deemed to have been
Represented by:

made unless expressed in writing and signed by the Parties.

_______________________________

b). The Parties agree that all the covenants, representations/ warranties
Chief Administration Ofcer
BRYAN ANDERSEN Y. CO

and agreements herein contained shall be deemed conditions as well as

covenants and that if default or breach be made in any such covenants and
conditions, then this Agreement, at the discretion of the Innocent Party,
Represented by:

may be automatically and extra-judicially terminated and cancelled and the

R.R. ENCABO CONSTRUCTORS, INC.

Party at fault shall be liable for any and all damages, actual and
SIMPLICIO R. APALISOK JR.

consequential resulting from such default and termination.

________________________

Authorized Representative
R.R. ENCABO CONSTRUCTORS, INC.

c). The declaration of any provision in the Agreement as void, invalid or

otherwise unenforceable shall not invalidate the remaining provisions
hereof, and the Parties shall promptly amend this Agreement to give legal
Represented by:

effect to the void, invalid or otherwise unenforceable provisions in order to

achieve the intended purpose of the void, invalid or otherwise
SIMPLICIO R. APALISOK JR.

unenforceable provision.
Authorized Representative
________________________

d). This Agreement shall take effect upon signing of the respective
NATIONAL HOUSING AUTHORITY

_____________________________

authorized signatories of the Parties.

Regional Manager, Region VIII
Represented by:

RIZALDE A. MEDIAVILLO

IN WITNESS WHEREOF, the Parties have hereunto caused this

Represented By:
NATIONAL HOUSING AUTHORITY

Agreement to be signed and executed by their respective duly authorized

signatories on ________ at ___________.
_____________________________

Regional Manager, Region VIII

RIZALDE A. MEDIAVILLO
Represented By:
 NATIONAL HOUSING AUTHORITY R.R. ENCABO CONSTRUCTORS
INC.

By: By:

ENGR. RIZALDE A. MEDIAVILLO SIMPLICIO R. APALISOK JR.

Regional Manager, NHA Region VIII Authorized Representative

NATIONAL GRID CORPORATION

OF THE PHILIPPINES

By:

BRYAN ANDERSEN Y. CO
OIC, Chief Administrative Officer

Signed in the Presence of:

_________________________ __________________________
 ACKNOWLEDGEMENT

BEFORE ME, Notary Public for and in the City ______________, this _____
day of ____________________, personally appeared:

NAME VALID I.D. DATE/PLACE

ISSUED
BRYAN ANDERSEN Y. CO

showing to me his competent proof of identity, known to me to be the same

person who executed the foregoing Memorandum of Agreement and
acknowledged to me that the same is his own free and voluntary act and
deed and that of the Corporation he represents.

WITNESS MY HAND AND SEAL this __ day of _________________, 2019 in

__________, Philippines.

NOTARY PUBLIC
My commission expires ________.

Doc. No. ____;

Page No. ____;
Book No. ___;
Series of 2019.
 ACKNOWLEDGMENT

BEFORE ME, Notary Public for and in the City ______________, this
_____ day of ____________________, personally appeared:

Proof of Identity Valid Until

RIZALDE A. MEDIAVILLO ___________________ __________

showing to me his competent proof of identity, known to me to be the same

person who executed the foregoing Memorandum of Agreement and
acknowledged to me that the same is his own free and voluntary act and deed
and that of the Corporation he represents.

IN WITNESS WHEREOF, I have hereunto affixed my hand and notarial

seal on these presents at the place and on the date first above written.

Doc. No . __________;
Page No. __________;
Book No. __________;
Series of 2019.
 ACKNOWLEDGEMENT

BEFORE ME, Notary Public for and in the City ______________, this
_____ day of ____________________, personally appeared:

NAME VALID I.D. DATE/PLACE

ISSUED
SIMPLICIO APALISOK
JR.

showing to me his competent proof of identity, known to me to be

the same person who executed the foregoing Memorandum of
Agreement and acknowledged to me that the same is his own free
and voluntary act and deed and that of the Corporation he
represents.

WITNESS MY HAND AND SEAL this __ day of _________________, 2019

in __________, Philippines.

NOTARY PUBLIC
My commission expires ________.

Doc. No. ____;

Page No. ____;
Book No. ___;
Series of 2019.