Memorandum of Agreement

KNOW ALL MEN BY THESE PRESENTS:

This agreement is executed by and between:
The CITY GOVERNMENT OF DAVAO, a local government unit duly
recognized by and existing in the Republic of the Philippines, with principal
address at City Hall Drive, Davao City, represented by its Mayor, Honorable
Rodrigo R. Duterte, hereinafter referred to as the FIRST PARTY,
-andThe HEIRS OF RAFAEL CASTILLO AND GUADALUPE CASTILLO,
namely: Vicente C. Nograles, Ramona C. Lozano, Elizabeth C. Cabreros,
Antonio S. Castillo, Pedro S. Castillo, Jose S. Castillo and Maria Mercedes C.
Maniquis, all of legal age, Filipinos and residents of Davao City, represented in
this act by Atty. Antonio C. Cabreros, Jr., Attorney-in-Fact and Authorized
Representative by virtue of Special Power of Attorney ________________________,
hereinafter referred to as the SECOND PARTY,

WITNESSETH THAT:

WHEREAS, social housing program, which aims to provide convenient

housing to homeless people and relocate informal settlers into safer sites to
protect them from future disasters, is one of the FIRST PARTYS actions to
address the increasing informal settlement problem of the City of Davao.
WHEREAS, the SECOND PARTY is the registered owner of a parcel of
land located at Maa, Davao City, covered by Original Certificate of Title (OCT)
No. O-337 with an area of Fifty-seven Thousand Five Hundred Ninety-two
(57,592) square meters, more or less, which is presently occupied by a number
of informal settlers.
WHEREAS, the SECOND PARTY is also the registered owner of a parcel
of land adjacent to the above-mentioned real property located at Maa, Davao
City, covered by Original Certificate Of Title (OCT) No. O-335 with an area of
Forty-one Thousand Six Hundred Sixty-two (41,662) square meters, more or
less.
WHEREAS, the SECOND PARTY has offered to donate the certain parcel
of land covered by OCT No. O-335 with an area of Forty-one Thousand Six
Hundred Sixty-two (41,662) square meters, more or less, to the FIRST PARTY
for and as a relocation site in implementation of the latters social housing
program under the terms and conditions herein set forth.

WHEREAS, the FIRST PARTY recognizes its need of additional relocation

sites for the informal settlers of the City of Davao and hereby ACCEPTS the
generosity of the SECOND PARTY.
NOW THEREFORE, for and in consideration of the foregoing premises
and the covenants hereinafter stipulated, the parties hereto agree as follows:
I.

NAME OF THE PROJECT

THE RAFAEL S. CASTILLO RESETTLEMENT PROJECT A Housing
Community for Davao City Urban Settlers

II.

DUTIES AND FUNCTIONS

Section 1. Duties and Responsibilities of the FIRST PARTY

a)

Undertake the summary removal and/or court eviction of ALL informal

settlers occupying that parcel of land covered by OCT No. O-337;

b) Relocate all qualified informal settlers/beneficiaries from the parcel of

land covered by OCT No. O-337 to the new relocation site/donated
property covered by OCT No. O-335 in accordance with existing social
housing program policies;

c) Create a Steering Committee to screen and identify qualified beneficiaries

of the new relocation site;
d) Process regulatory documents, permits, clearances, and the like,
required in the development of the new relocation site;
e) Monitor the progress of the project until its completion.

Section 2. Duties and Responsibilities of the SECOND PARTY

a) Undertake the donation of the parcel of land located at Maa, Davao City,
covered by OCT No. O-335 with an area of Forty-one Thousand Six
Hundred Sixty-two (41,662) square meters, more or less, to the FIRST
PARTY;
b) Undertake to donate the existing ten (10)-meter road (Gold Street) which
traverses through OCT 337;

c) Undertake to donate the approximately six (6)-meter access road within

OCT 337 going to OCT 335;
d) Develop and provide a site development plan with the appropriate
technical descriptions for the new relocation site;
e) Coordinate with the basic utilities providers such as but not limited to:
Davao Light and Power Co. and Davao City Water District;
f) Solicit support for construction materials from suppliers and/or
manufacturers for the construction of common subdivision facilities;

g) Prepare and provide the Deed of Donation and all other legal documents
necessary for the transfer of the said parcel of land to the FIRST PARTY.

III.

EFFECTIVITY

This agreement shall take effect immediately upon signing hereof by all
the parties concerned.

IN WITNESS WHEREOF, the parties, through their duly authorized

representatives, have hereunto affixed their signatures this ______ day of
_______ 2015 at Davao City, Philippines.

CITY GOVERNMENT OF DAVAO

First Party
By:

HON. RODRIGO R. DUTERTE

City Mayor

THE HEIRS OF RAFAEL CASTILLO AND GUADALUPE CASTILLO

Second Party
By:

ATTY. ANTONIO C. CABREROS, JR.

Attorney-in-Fact