MEMORANDUM OF AGREEMENT
Know all men by these Presentsr
This Memorandum of Agreement is entered into by and between,
DEPARTMENT OF ENIv,IRONMENT AND NATTIRAL
RESOURCES, COMMUNITY EN\4RONMENT AND
NATURAL RESOI-IRCES - TUBOD (Hereinafter referred to
as 'DENR CENRO:TUBOD"), a local governmenr unir duly
organized and existing under the laws of the Republic of the
Philippines represented by its Community Environment and
Natural Resources Officer, JOSEPH LEO E. OCONER, of lega1
age, married with office address at CENRO-TUBOD, Upper
Lipas, Municipality of Taganaan, hereinafter referred to as the
CENRO/FIRST PARTY;
and -
CN,'ILAVI,ATION AUTHORITY OF THE PHILIPPINES
(Herein after referred to as "CAAP", a national government agency
created and existing under Republic Act No. 9497, hereto
represented by Director General, CAPTAIN JIM C.
SYDIONGCO, Filipino, of legal age, married with office address
at MIAA Road, Pasay City, hereinafter referred to as the
CAAP/SECOND PARTY.
CENRO-TUBOD and CAAP are likewise referred to herein
individually as "PARTY " and collectively as the "PARTIES"
- WTNESSETH.
WHEREAS, Department of Environment and Narural Resources is the
primary agency responsible for the conservation, management, protection,
proper use and sustainable development of the country's environment and
natural resources.
WHEREAS, Executive Order No. 192 defining the mandates,
organization, and fi.rnctions of the Department of Environment and Natural
Resources (DENR), DENR Administrative Order No. 30, Series of 1992
prescibing the guidelines for the transfer and implementation of DENR
functions; the following Manual of Procedures is hereby promulgated to
MEMORANDUM OF AGREEMENT
CENRGTUBOD and CAAP
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effectively implement devolution of forest management fi.rnctions and enhance
partnership between the LGUs and the DENR.;
WHEREAS, First Party will be represented by JOSEPH OCONER in his
capacity as Community Environment and NaturaI Resources Officer;
WHEREAS, Civil Aviation Authority of the Philippines was created
under Republic Act No. 9497pursuant to the declared policy of the State to
provide safe and efficient air transport and regulatory sewices in the Philippines.
WHEREAS, The Second Party is the registered o*.ner of a parcel of land,
named under CAD-917-D designated as LOT number 669, located in Barangay
Sta. Cruz, Municipality of Placer, Surigao del Norte, described as follows:
"A PARCEL OF IAND (Lot 669, CAD-9 t?-D) situated
in the Brgy. Sta Cruz, Municipality of Placer, Surigao Del Norte.
No. 669, Cad-917.D, Surigao Cadastre, LINE 1.2: N56l6tiU,
48. 1 8m;N36 I I E, 144.82mi N5 l-3 ZE, 44. 32m; N5{52W, 2).17 m;
S36{9\U, 78.16m; S42{2W, 76.78m, LINE 2-3, N3626E, 9.36m;
N57-25E, 37.09m; N53.35E, 2.21m; N17-568, 23.16m; 53610!7,
95.2,1m; S36O9rV, ll4.9Zm, LINE 14: N36268, 115.82rn; N1&
30E, 63.93m; 575.568, 49.15m; S6.|O0E, 85.56m; S36O9W,
I 1492m; N55.23W, 12.64m; N3624E, 9.08m; N32-328, 44.34m;
N3644E, 138.29m; S57O5E, 15l.0lm; S3645W, 93.1Im; N55-
57\U, 81.77m, LINE 56, N36268, 92.zt0m; N8&59W, 57.17m;
S36O3W, 2.9lm; S3626W, 61.82m"
WHEREAS, Second Party will be represented by CAPTAIN JIM C.
SYDIONGCO in his capacity as Director General of Civil Aviation Authority of
the Philippines;
WHEREAS, (for any addition);
NOW THEREFORE, for and in consideration of the above premises the
parties hereby agree and stipulate the following terms and conditions;
ARTICLE I
Points of Agreement
MEMORANDUM OF AGREEMENT
CENRGTUBOD and CAAP
Page 3 of7
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1.1 CAAPshall:
l. CAAP agrees to permit First Party to enjoy a porrion of lot 699 of
CAD917-D, as described, with an area of 600 sq. meters, in
consideration that First Party will safeguard the subject portion
from illegal settlers.
2. CAAP agrees to permit First Party to build, if any, establishments
for the fulfillment of the laner's objectives within the portion of
property subject to rhis MOA.
3. CAAP warrants that it has rhe rights under Article 42? of the Civil
Code of the Philippines on rhe subject property and will defend
the First Party's possession against any and all person whomsoever.
4. CAAP reserves the right of his agents, employees or his assigns to
enter the subject property at any reasonable time for any purposes
of
a. Consultation with the Second Party
b. Making repairs, improvements and inspections
c. (Additional, if any)
5. CAAP agrees to the (renewal, if any).
6. CAAP agrees to transfer any utilities (if any, or for first party to
contract any ultilities [electricity or water], as maybe essenrial for
the fulffllment of the latter's objectives).
7. CAAP agrees to (additional undertaking).
1.2 CENRO:TUBODshall:
8. CENRO agrees to the first point of agreement ftom Second Party.
9. CENRO shall make on the subject properry in the MOA any
improvements, useful or recreative, which CENRO may deemed
proper in firrtherance of its objective, provided it does not change
its form and substance.
MEMORANDUM OF AGREEMENT
CENRGTUBOD and CAAP
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10. CENRO shall have no right to indemnifi'Second Party in relation
to the tenth point of agreement.
1 1. CENRO shall transfer its Forest Product and li7ildlife Monitoring
Station located at Upper Lipas, Municipality of Taganaan, Surigao
Del Norte to the portion of land subject of this MOA.
12. CENRO, upon the expiration of this MOA, may remove such
improvements should it be possible to do so without injury to the
property.
13. CENRO shall have the obligation to preserve the property in its
form and substance.
14. CENRO shall have the obligation to safeguard the property from
illegal settlers.
ARTICLE II
EFFECTIVITY
2.1 The terms and conditions of this Agreement shall be effective upon
approval and signing of both Parties.
MEMORANDUM OF AGREEMENT
CENRGTUBOD and CAAP
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ARTICLE III
TERMINATION
3.1 Any Party may terminate this MOA for any reason whatsoever upon
thirtv (lO) days prior written notice.
3.2 A Party may likewise terminate this MOA upon prior notice in the
event that the other Party fails to remedy any breach or default ofany obligations
under this MOA within ten ( 10) days wriften notice.
3.3 As a consequence of termination, the nondefaulting Party shall not
be liable for the remaining obligations in the contract. Any such termination
without prejudice or limitation to any other right or remedies of the Parry not in
default.
ARTICLE IV
MISCELTANEOUS PROVISION
4.1 GOVERNING LAr0g. -
This MOA sha[[ be governed by and
construed in accordance with laws of the Republic of the Philippines.
4.2 CA?ACITY AND AUTHORIZATION. - The Parties herein warrant
that they have the capacity, power and requisite authorization to enrer into this
aSreement.
4.3 ASSIGNMENT. - No party may assign its interest under this MOA
to any other person or entity without the written consent of the other Party. All
terms of this MOA shall be binding upon, and inure to the benefit of the
Parties, their representative successors.
4.4 AMENDMENT. - No modification of this MOA shall be ralid
unless the same is in writing and signed by the Parties. No waiver of any
provision shall be valid unless in writing and signed by the party against whom it
is sought to be enforced.
MEMORANDUM OF AGREEMENT
CENRG.TUBOD and CAAP
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4.5 SEPARABILITY. - If any provision contained herein is invalid, illegal
or unenforceable in any respect under any applicable law or decisions, the
validity, legality and enforceability of the remaining provisions shall not be
affected or impaired in any way.
IN WITNESS ITHEREOF, the parties hereunto affix their respective
signatures, this day of December 2020 in Surigao City, Philippines.
----
DEPARTMENTOFEI.N4RONMENT CIVTL AVIATION
AUTHORITYOFTHE
AND NATURAIRESOURCES - PHILIPPINES
CENRO.TUBOD
Upper Lipas,Tagana-an, Surigao Airport,
Surigao DelNorte Surigao City
First Party Second Party
By, By,
JOSEPH LEO E. OCONER CAPTAIN JIM C.
SYDIONGCO
CTC No. CTCNo.
Date Date
Issued at Issued at
.WITNESSES.
DMOIII FREDE ICK S. IAPITAN P. AB
Chie( Regulating Permitting Section Airport Manager
MEMORANDUM OF AGREEMENT
CENRO-TUBOD and CAAp
Page 7 of z
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Republic of the Philippines )
City of Surigao )
x- --- - -. -- - -, -.. -. -- -/
ACKNOWLEDGMENT
BEFORE ME, this ____ duy of December 2020, personally appeared
IOSEPH LEo E. OCONER, and CApTATN JIM C. SYDTONCCO,
represenatives of Department of Environment and Natural Resources
-
Community Environment and Narutal Resources - Tubod, Upper Lipas,
Municipality of Tagan-an, Surigao Del Norte and the Cirril- Arriaiio.,
Authority of the Philippines, Surigao Airport, Surigao City, who exhibited
to me their respective Community Tax Ceftificates shown above, knoum
to
me to be the same persons who executed the foregoing Memorandum
of
Agreement and they acknowledged to me that the same is
their true and
voluntary act and deed.
This instrument consists of seven (7) pages, including this page
where this Acknowledgment is wdften signed by the parties
on each of the
page hereof.
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