Guidelines for the Implementation of the Provision of the Resettlement Governance Assistance Fund (RGAF) to LGUs with Resettlement Sites in Regions III, IV-A and the NCR

July 28, 2017

DILG MEMORANDUM CIRCULAR NO. 091-17

GUIDELINES FOR THE IMPLEMENTATION OF THE PROVISION OF THE RESETTLEMENT GOVERNANCE ASSISTANCE FUND (RGAF) TO LOCAL GOVERNMENT UNITS (LGUs) WITH RESETTLEMENT SITES IN REGIONS III, IV-A AND THE NATIONAL CAPITAL REGION (NCR)

1. Background

Massive relocation of Informal Settler Families (ISFs) occupying the waterways and other danger zones at the National Capital Region (NCR) has been a major concern of the National Government. The ISF program alone, aside from those relocated thru previous resettlement program, has relocated more than 40,000 families from 2013 to 2016 in Regions III, IV-A and the NCR. The relocation of these families to safe and decent housing has been a response to the onslaught of Typhoon Ondoy in 2009 which devastated the most vulnerable communities of the NCR. The Department together with other shelter agencies spearheaded the pre-emptive evacuation of the ISFs to safe and permanent settlement. HTcADC

Shelter provision as an anti-poverty program seeks to uplift the quality of living of these marginalized sector of society. However, shelter has to be integrated to the socio-economic and political dimensions for sustainable human development. The previous and current resettlement programs are focused on housing production alone. The projects, especially off-site ones, have adverse socio-economic impact to the relocated families and their receiving Local Government Units (LGUs) and communities. The study of the Presidential Commission of the Urban Poor (PCUP) and the subsequent validation of the Department in 2014 and 2015 respectively, have shown the dismal situation of the relocated families to off-site and in-city projects of the National Housing Authority (NHA). The inadequacy of basic social services, utilities, connectivity, and access to livelihood and employment opportunities aggravated poverty in resettlement sites. The psycho-social impact is also alarming with the occurrence of cases of petty crimes, domestic violence, gang wars, and thieving, among others. Relocatees are also not integrated in their new settlements, instead, are facing discrimination.

Moreover, vague governance arrangements obscure responsibilities among agencies in looking into the plight of the relocated families. The thousands of families relocated in these settlements have become the responsibility of host LGUs. These LGUs, however, cannot cope with the demands brought about by the upsurge in their population specially that adjustment to their respective Internal Revenue Allotment (IRA) only happens every five (5) years. Hence, financial and technical assistance have to be provided to these LGUs from the national government and the sending LGUs during the transition phase until such time that the relocated families are integrated in their new communities.

It is in this regard that the Department of the Interior and Local Government (DILG) is at the forefront of the project "Capacitating Local Government Units (LGUs) on Resettlement Governance" through the provision of the Resettlement Governance Assistance Fund (RGAF). The said Fund is a remedial measure to the inadequacies of the government's conventional distant resettlement program. The project will pilot 18 resettlement sites 1 of the NHA. aScITE

These stark lessons of the past and current government relocation and resettlement program provide emphasis on the importance of clear governance arrangements among the LGUs, national government agencies, the private sector, community organizations and other stakeholders. It also necessitate the crucial participation of the LGUs in ensuring that relocatees are integrated in their new settlements and are afforded equal protection and rights. The Department is thus tasked to ensure that the assistance to the partner LGUs and the resettled communities adhere to the principles of good governance to ensure inclusive, resilient and sustainable resettled communities.

2. Purpose

The policy intends to guide participating LGUs and the concerned DILG Field Offices in the implementation of the RGAF. The Fund seeks to capacitate LGUs which are hosts to the resettlement of ISFs on the efficient and effective delivery of a holistic resettlement program towards an inclusive, participatory, empowering and sustainable human development in resettlement communities. Further, this policy upholds the Department's tenets of good governance geared towards contributing to the sectoral outcomes, namely, inclusive and socially protective LGUs, and environmental protective, climate change adaptive and disaster resilient LGUs.

The specific objectives of the two components comprising the program are: the Technical Assistance to LGUs aims to strengthen the capacity of LGUs in terms of its structures, policies and planning processes; while the Financial Assistance seeks to provide funds for the attendant rise in the cost of services and facilities brought about by the increase in the population of an LGUs pending the adjustment of their IRA.

Recognizing the important role of LGUs in ensuring that relocated families are integrated in their new settlements, the Department sees the provision of this assistance as one of the foundations in developing sustainable resettlement communities, and which will ultimately contribute to local development.

3. Legal Compliance

The Republic Act 7279, otherwise known as the Urban Development and Housing Act of 1992, as the special law governing the government's policy on socialized housing and urban development mandates LGUs to prepare a comprehensive land use plan, and carry out an inventory of all lands within their respective jurisdictions, in coordination with the appropriate national government agencies, towards the achievement of the objectives of the statute. 2 HEITAD

For the implementation of socialized housing, they must identify and register all qualified beneficiaries, work with private developers, and allow beneficiaries to participate in the decision-making process relative to the protection and promotion of their collective interests. With the issue of resettlement, LGUs are tasked to coordinate with the NHA in bases for the harmonization of interlocking functions and responsibilities among various stakeholders in this subject, towards an effective housing and resettlement program that promotes the general welfare of the people. Under their guidance, a program is able to address properly the concerns of both ISFs and local residents, by harnessing the powers and services of the public and private sectors, as well as civil society organizations.

4. Scope/Coverage

These policy covers the in-city and off-site resettlement sites at the National Capital Region (NCR), and in the Provinces of Cavite, Bulacan and Rizal. The resettlement projects in these localities were constructed through the NHA.

All concerned DILG Regional/Provincial, City Directors, City/Municipal Government Operations Officers and Local Chief Executives (LCEs) are mandated to comply with these guidelines for the implementation of the Resettlement Governance Assistance Fund (RGAF).

5. Definitions

For purposes of this policy, the following definitions apply, unless otherwise stated:

5.1 Augmentation Fund — shall mean the financial assistance to LGUs that would cover for the establishment of community facilities for disaster preparedness, peace and order, and solid waste management. The fund shall be utilized by the LGUs in establishing evacuation centers, barangay outposts, Closed Circuit Television (CCTV), patrol vehicles, streetlights and dump trucks. ATICcS

5.2 Homeowners' Association (HOA) — refers to a non-governmental and community-based peoples' organization or group of homeowners/awardees within the resettlement site, registered with the Housing and Land Use Regulatory Board (HLURB), and/or duly accredited by the barangay or city/municipal government.

5.3 Local Inter-Agency Committee (LIAC) — is a multi-stakeholder body consisting of representatives from the concerned local government unit (LGU), national government agencies (NGAs), home-owners associations or sectoral organizations from the resettlement sites, non-government organizations (NGOs), and from the private sectors, charged with the implementation and monitoring of the resettlement action plan, including the resettlement assistance fund (RAF) at the resettlement sites in Regions III and IV-A.

5.4 Local Housing Board (LHB) — is a local special body created by cities and municipalities outside of the Autonomous Region in Muslim Mindanao (ARMM) pursuant to DILG Memorandum Circular (MC) No. 2008-143 and Joint Memorandum Circular No. 1, s. 2013 that is tasked to formulate, develop, implement, and monitor policies on the provision for integrated sustainable housing and resettlement areas, and on the observance of the right of the underprivileged and homeless to a just and humane eviction and demolition.

5.5 Local Project Management Committee (LPMC) — is a local special body established in each resettlement site composed of representatives from the concerned LGU, barangay council, homeowners associations and/or sectoral organizations, and key implementing agencies of the P1.8 Convergence Fund which shall monitor and ensure the implementation of the projects in the community. TIADCc

5.6 People's organization or community organization — refers to a non-governmental and community-based peoples' organization within the resettlement site, registered with any of the following: the Securities and Exchange Commission (SEC), Department of Labor and Employment (DOLE), Presidential Commission for the Urban Poor (PCUP) and/or duly accredited by the barangay or LGU.

5.7 Receiving LGUs — refers to the local government unit, whether in or outside of Metro Manila, to where the ISFs originating from a sending LGU are intended to be resettled with its consent and a corresponding MOA with the sending LGU on provisions for basic and welfare services, requesting support from concerned national agencies whenever needed before resettlement.

5.8 Resettlement Governance Assistance Fund (RGAF) — the technical and financial assistance provided to LGUs by the DILG in the establishment of community facilities such as peace and order facilities, community development programs, sustainable livelihood development and other capacity building activities for receiving LGUs and the resettlement sites under its jurisdiction.

5.9 Resettlement Action Plan (RAP) — refers to the comprehensive plan for the resettlement site which 1) stipulates the necessary activities, expected output, resources needed with corresponding budget, responsible person/offices/agencies, and timeline, 2) prepared by the Local Housing Board (LHB) and/or Local Inter-Agency Committee (LIAC) and, 3) signed and endorsed by the Local Chief Executive (LCE) and duly adopted by the Sangguniang Bayan/Panlungsod through a resolution.

5.10 Sectoral Organization or people's organization — refers to the independent community and/or groups of women, youth, senior citizens, PWD and other vulnerable sectors organized to protect and advance their common interest for adequate shelter and social services.

5.11 One Stop Shop Processing Center — a temporary physical center set up by the LGU where its concerned departments, and other concerned national government agencies facilitate the issuance of identification cards such as voters ID, postal IDs, permits, licences, birth certificates, voters registration, and the like needed for the availment of services and in the integration of families in their receiving LGU. AIDSTE

5.12 Sending LGUs — refers to the local government unit where, in cases of evictions and voluntary resettlement actions, the ISFs originate and are sought to be resettled from, in compliance with MC No. 008-143, 2009-005, MC No. 2010-134, Section 27 of RA 7279, Section 481 (4) of the Local Government Code and the Joint Memorandum Circular No. 1, s. 2013.

5.13 Project Inter-Agency Committee (PIAC) — shall refer to the inter-agency body consisting of representatives from the concerned local government unit (LGU), implementing national government agencies (NGAs) under the P1.8 Convergence Fund, home-owners associations or sectoral organizations from the resettlement sites, non-government organizations (NGOs), and from the private sectors, charged with the implementation and monitoring of the resettlement action plan, including the resettlement assistance fund (RAF) for the in-city resettlement projects at the National Capital Region (NHA).

5.14 Project — shall mean the capacitating LGUs on Resettlement Governance under the 2017 General Appropriations Act entitled "Capacitating LGUs on Housing and Resettlement."

5.15 Relocatees or resettled families — refers to the ISF from the National Capital Region (NCR) relocated in various socialized housing projects of the NHA under the P50 Billion Alternative Housing Program and People's Proposals (AHPPP) Fund.

5.16 Resettlement sites — these are the off-site housing projects in the Provinces of Bulacan, Cavite and Rizal including the three (3) in-city Low Rise Buildings (LRBs) in the Cities of Caloocan, Manila and Valenzuela which were established by the NHA for the ISF of the NCR under the P50 Billion Alternative Housing Program and People's Proposals (AHPPP) Fund. AaCTcI

5.17 Transitional Fund — is the financial assistance to LGUs to augment local resources in the operationalization of community facilities and in the provision of better social services and other community development programs to address the specific needs specially of the vulnerable sectors in the resettlement areas.

6. Guidelines for the Implementation of the Resettlement Assistance Fund

The Resettlement Governance Assistance Fund (RGAF) has two major components: the (1) Financial Assistance to LGUs which includes the (a) Augmentation Fund for the provision of facilities, and (b) Transitional Fund Support; and (2) Technical Assistance to LGUs.

6.1. Financial Assistance to LGUs:

The Financial Assistance to LGUs shall cover the provision of the community facilities, specifically for the promotion of peace and order, solid waste management and disaster preparedness, to resettlement sites. It also includes the corresponding costs in their operations and maintenance. Further, the assistance also provides complementary community development programs that would address the specific needs of the vulnerable sectors and for those households at the lowest income decile in the community.

6.1.1. Eligibility of LGUs. To qualify, the LGUs must have the following:

6.1.1.1. Availability of any of the identified priority resettlement sites for Informal Settler Families (ISF) from the NCR;

6.1.1.2. Established Local Housing Office or at the minimum, a designated local housing officer who shall coordinate, monitor and ensure the efficient implementation of the plans and projects;

6.1.1.3. Established Local Housing Board (LHB), or if there is none, a Local Inter-Agency Committee (LIAC) focused on resettlement program with membership from the concerned barangays, and with atleast 50% representation from the homeowners associations or sectoral organizations/people's organization based in the priority resettlement sites. It is however, at the discretion of the LGU to create a LIAC specifically focused on the concerns of the established resettlement sites, despite the establishment of the LHB; EcTCAD

6.1.1.4. Established sub-committee on livelihood or Public Employment Service Office (PESO)/focal person;

6.1.1.5. Registered HOA or sectoral/people's organizations or their equivalent in the resettlement site;

6.1.1.6. Established Local Project Management Committee (LPMC) in the case of Regions III and IV-A, and a Project Inter-Agency Committee (PIAC) for in-city resettlement sites of the NCR, in each resettlement site that shall oversee the implementation of the projects in their respective community;

6.1.2. The participating LGUs shall submit the following documentary requirements in the availment of the Fund:

6.1.2.1. Sangguniang Bayan/Panlungsod Resolution manifesting their interest to avail of the RAF;

6.1.2.2. Project proposal which should indicate the specific assistance needed by the relocated families;

6.1.2.3. Technical designs including the work and financial plan in the case of facilities;

6.1.2.4. Endorsement by the Local Project Management Committee (LPMC) for Regions III and IV-A, and by the Project Inter-Agency Committee (PIAC) for the National Capital Region (NCR) to the DILG Regional Office of the proposed project of the concerned LGU;

6.1.2.5. Resettlement Action Plan (RAP) prepared by the Local Housing Board or by the Local Inter-Agency Committee (LIAC) signed by the LCE, and duly adopted by the Sangguniang Bayan/Panlungsod through a resolution; or for the NCR, a resettlement workplan signed by the LCE; HSAcaE

6.1.3. Augmentation Fund for the Provision of Facilities. This funding window will assist the LGUs in developing resiliency of resettlement sites. The assistance shall include the construction of infrastructure projects for disaster preparedness, and support for the maintenance of the peace and order facilities (e.g., outposts, CCTV, patrol vehicle and streetlights) in the resettlement sites. The fund also includes support for solid waste management.

6.1.3.1. Establishment of Evacuation Center

a) The LGUs can avail the amount of Php5,000,000.00 for the establishment of the evacuation center in each resettlement site. The said amount for this purpose was allocated to the Department through the General Appropriations Act (GAA) of 2017:

i. Site selection shall consider the following:

a. Site is within the resettlement site, or if there is none, a vacant area within the barangay, at close proximity to the resettled community; AScHCD

b. Certified by the Zoning officer that the proposed site for the evacuation center is safe from hazards such as presence from faultline, propensity to flooding, mudslides, landslides and other forms based on the vulnerability assessment and geo-hazard map of the Mines and Geosciences Bureau (MGB) of the DENR;

c. Has ready connection for electricity and water supply; and

d. Accessibility of road networks enjoined from the resettlement sites to the receiving municipality or LGUs.

e. Accessibility to other community facilities such as health centers, market, educational, and other facilities.

ii. The proponent LGU shall take charge of acquiring the land for the project site and shall:

a. Ensure that the land to be used as site for the project is free from any or all forms of liens and encumbrances; and

b. If the prospective site is within the resettlement site, the proponent LGU shall secure the necessary Deed of Donation from the NHA;

b) The design for the facility will be submitted by the LGU through the DILG Regional Field Office to the DILG Central Office for review and endorsement for approval. The construction of evacuation center shall conform to the existing policies and design standards of the DILG-Office of the Project Development Services (OPDS), to wit: AcICHD

i. Estimated cost per square meter for the building is Php20,000 to 25,000;

ii. Toilet and bathing areas with the ratio of 1:20 persons;

iii. A separate toilet and bath for males and females;

iv. Minimum of one (1) toilet for Persons with Disabilities (PWD);

v. Average accommodation of 1.33 sq.m. per person;

vi. Maximize utilization for natural ventilation system;

vii. Can withstand three hundred (300) kph wind speed and moderate seismic activity of at least 8.0 magnitude richer scale;

viii. Include facilities for the special needs of the women, children, the elderly, PWD and other such physical provisions guaranteeing a humane condition for evacuees;

ix. Other basic facilities of the evacuation site must include an office, breast feeding room, storage area, rain water collector, solar panel, clinic room, and kitchen/mess hall.

6.1.3.2. Support for Peace and Order

a) The partner LGUs can request funds for facilities, equipment and vehicle to address peace and order concerns in resettlement sites. Specifically, the following:

i. Construction of Barangay Outpost

ii. Procurement of CCTV

iii. Setting-up of Street Lights

iv. Procurement of patrol vehicles

v. Other related projects that will promote peace and order in the resettlement sites

6.1.3.3. Support for Solid Waste Management

a) Complementary to the establishment of Materials Recovery Facilities (MRFs) by the concerned implementing agency, the DILG through the LGUs can procure dump trucks for waste disposal. This shall follow the guidelines of the DILG Memorandum Circular Nos. 2011-92 and 2014-155; and DBM Budget Circular No. 2016-5, and Sections 7 and 8 of Administrative Order 233 in the procurement of vehicles.

b) Provision for the equipment on the operationalization of the MRF within the resettlement sites can also be included for funding in the proposal of the partner LGUs. TAIaHE

6.1.4. Transitional Fund for LGU Operational Activities and Community Development Projects. Resettled communities are not fully integrated in their new settlements. Access to basic social services by the resettled families is a major concern by the receiving LGUs with their current low absorptive capacity. The Transitional Fund seeks to support the receiving LGUs in providing the necessary social services needed by their relocatees.

6.1.4.1. Coverage of the Transitional Fund.

a) The LGUs can utilize the fund for the following:

i. Establishment of the One Stop Shop for the processing of documentary requirements needed by resettled families.

a. The One Stop Shop shall cater services in acquiring documentary requirements needed in applying for the services of utility providers, registration of the homeowners associations or sectoral/people's organizations, transfer of voter's registration, issuance of government issued identification cards and other documents which the resettled families may need to access resources and services.

b. The fees in the issuance of the above cited documents can be charged to the fund. LGUs and agencies are however, if allowed by their respective policies, shall issue documentary requirements free of charge. cDHAES

c. The LGUs can set up the One Stop shop on a scheduled basis wherein the concerned LGU Departments, and government agencies will process any of the above cited documentary requirements.

ii. Operation and maintenance of community facilities and vehicles such as health centers, school facilities, evacuation centers, livelihood centers, among others. The fund can be utilized for:

a. Electrification and water supply for such community facilities.

b. Gasoline for fire trucks, dump trucks, patrol cars, and ambulance.

c. Maintenance and minor repairs of facilities and vehicles.

iii. Wages/Honoraria or compensation of volunteer community workers such as barangay health workers, barangay tanod, garbage collectors, and other service providers in the resettlement sites.

iv. Augmentation Fund for Community Development related programs of the LGUs. Community based capacity building activities that were not covered by the DILG can be funded through this fund such as the following activities:

a. Youth Development Projects i.e., personality and skills development, leadership development, government internship program, special projects for the employment of OSY, scholarship fund and others.

b. Senior Citizens and PWD welfare projects i.e., health and wellness activities, funeral and burial services, health coverage, among others.

c. Gender and Development Projects i.e., reproductive health, and other gender and development related activities.

d. Health, nutrition, hygiene and other projects for the welfare of the children. .

e. Community gardening and greening projects.

f. Other projects identified by the community through the LPMC.

6.1.4.2. Mechanics in the availment of the Transitional Fund

a) The LGU shall submit to the DILG Regional Field Office the proposed project specifying its components, timelines, and budgetary requirements. In case the concerned HOA or sectoral/people's organization has a community development project that needs to be funded, the HOA or sectoral/people's organization shall submit their project proposal to the LGU. The latter, if amenable to the said project, can adopt the proposal and submit it to the DILG Regional Field Office.

b) The HOAs or sectoral/people's organization through the LPMC shall certify and endorse the said proposal of the LGU as identified in their respective community plan, or in the latter's absence, certified by the HOA or sectoral/people's organization as needed by their community. cTDaEH

c) Qualified beneficiaries of the Transitional Fund shall be those:

i. Included in the list of occupants of the resettlement sites;

ii. Certified by the accredited or recognized HOA or sectoral/people's organization as a resident of the resettlement site;

iii. Certified by the Punong Barangay that the applicant is an occupant of the resettlement site;

iv. The applicant with certificate of indigency shall be prioritized in the availment of the services to be provided by the LGU;

v. Other requirements as may be deemed necessary by the LGU based from their existing local policies.

6.2 Technical Assistance to LGUs

6.2.1. Support to LGUs in the development of Sustainable Livelihood and Employment Program. This component shall be geared not just in providing additional economic opportunities to the poor income households and their respective organizations, but towards strengthening the social capital in the community.

6.2.1.1. Business Development Services. The Department, in partnership with the DILG Regional and City/Municipal Field Offices, LGUs, Presidential Commission for the Urban Poor (PCUP), Technical Education and Skills Development Agency (TESDA), Department of Trade and Industry (DTI) and relevant livelihood mandated agencies, and the private sector, shall provide technical assistance to LGUs and its homeowners associations or sectoral/people's organizations in the development of sustainable livelihood and employment program.

a) The Business development services shall be comprised of capacity building for both LGUs and their respective partner HOAs or sectoral/people's organizations in each resettlement site, specifically on the following: cSaATC

i. Localized Livelihood Planning Workshops

ii. Business Identification and Planning Workshops

iii. Training on Business Production and Operation

iv. Technical and Financial Planning

v. Product Development and Marketing

vi. Asset Protection

vii. Project Proposal Making Workshops

viii. Other related capacity building activities not identified above that may be deemed essential

b) The DILG Central Office shall, with the exception of DILG NCR, download funds to the DILG Field Offices of Regions III and IV-A for the conduct of the above cited capacity building activities. The capacity building activities for the three (3) in-city NHA resettlement sites at the NCR shall be facilitated by the DILG Central Office through the ISF PMO, and in coordination and partnership with the DILG NCR and its concerned Field Offices.

6.2.1.2. Access to Capital. The amount of Php200,000.00 will be allotted for each resettlement site as capital for the implementation of the identified business development project.

a) Duly accredited homeowners association or sectoral/people's organization based in the resettlement site can access the seed fund for their livelihood project;

b) HOA or sectoral organization underwent the Business Development Services trainings;

c) The proponent HOA or sectoral/people's organization shall prepare a project proposal and submit the same to the LGU through the LIAC sub-committee on Livelihood or Project Inter-Agency Committee and to the LMPC for review and endorsement to the Local Chief Executive (LCE); cHDAIS

d) The LGU, upon approval of the community project proposal shall endorse the same to the DILG Regional Field Office, for concurrence. A copy of the approved project proposal shall also be transmitted to DILG central office for documentation and monitoring.

e) A Memorandum of Agreement (MOA) or an equivalent policy instrument shall be signed between the LGU through its LCE and representative of the proponent HOA or sectoral/people's organization, witnessed by a representative of the LIAC sub-committee on livelihood and DILG field office representative.

6.2.1.3. Creation and/or strengthening of the LHB or LIAC Sub-Committee on Livelihood and Employment. Existing livelihood committee shall be strengthened to handle the livelihood component of the project. In cases where there is the absence of such, a sub-committee on livelihood under the LHB or LIAC for resettlement shall be created.

a) The LIAC sub-committee on livelihood shall be composed of representatives from the following: Public Employment Service Office (PESO) or livelihood officer, Municipal/City Social Welfare and Development Officer (M/CSWDO), Urban Poor Affairs Office (UPAO), Municipal/City Local Government Operations Officer (M/CLGOO), HOAs, PCUP, NHA, DILG, other livelihood agencies, NGOs and HOAs/sectoral organizations.

b) Functions:

i. Develop local livelihood plans for resettlement sites;

ii. Assist in the facilitation of the Business Development Services Trainings; ISHCcT

iii. Assist the HOA or sectoral organizations in the development of their project proposal through the provision of the needed baseline data, and other technical assistance;

iv. Evaluate the feasibility of the project proposals submitted by the HOAs;

v. Coordinate with other stakeholders the needed additional assistance by the HOA or sectoral organizations;

vi. Monitor the implementation of the livelihood projects;

vii. Other functions that the committee may identify.

6.3 Implementation Mechanics. The existing local structures will be maximized in the implementation of these guidelines. Such structures can also be a mechanism not just in the implementation of the DILG Resettlement Assistance Fund but including other infrastructure and livelihood projects under the P1.8 Billion Convergence Fund lodged to other agencies. Should implementing agencies, LGUs and HOAs or sectoral/people's organizations from resettlement sites are not members of these local bodies, policy instrument governing such should be amended to ensure their inclusion and participation. They shall formulate their own internal rules. In the absence of the aforementioned, the following structures will be created:

6.3.1 Provincial Local Housing Board or Provincial Inter-Agency Committee (Provincial LIAC). The Department, in partnership with the DILG Regional and Provincial Field Offices, Provincial Government and concerned NGAs through the Provincial Local Housing Board or its LIAC or its equivalent shall convene with representatives from the affected LGUs and Community Organizations to monitor the implementation of the Projects. It shall provide policy guidance to ensure that the objectives of the projects are attained.

6.3.1.1 Composition of the Provincial LIAC shall be the following:

a) Provincial Governor as Chairperson;

b) Chairperson, Sangguniang Panlalawigan Committee on Urban Development and Housing;

c) Provincial Planning and Development Officer;

d) Provincial Engineer;

e) Representative from DILG Provincial Office;

f) Representative from DILG ISF-PMO;

g) Representative from PCUP;

h) Representative from NHA;

i) Representative from concerned LGUs;

j) At least One (1) Representative from each HOAs/sectoral organization operating in the resettlement sites; CAacTH

k) Other representatives from concerned NGAs.

6.3.1.2 The functions of the Committee are but not limited to the following:

a) Coordinate with the Program Coordinating Committee (PCC) and LGUs in the implementation of the projects for synchronization of policies and work plans;

b) Ensure that policies and processes of implementing agencies are consistent with local policies/ordinances;

c) Monitor the implementation and accomplishment of the plans, programs and projects by the implementing agencies and the concerned LGUs;

d) Ensure that the following utilities and services are provided for in each resettlement site: electricity, water supply, community facilities such as health centers, school buildings, day care centers, multi-purpose halls, livelihood centers, market, tricycle and/or jeepney terminals, materials recovery facility, sewerage system, barangay or police outposts, evacuation centers, and the corresponding social services, and community development programs needed for building sustainable and resilient communities;

e) Facilitate the resolution of grievances if there are any of such unresolved at the local level;

f) Facilitate access of additional resources that maybe needed by the resettled families to complement the existing resources of the national government.

g) Facilitate, if necessary, inter-LGU dialogue between sending and receiving LGUs in the provision of additional resources to adequately address the needs of the relocated families.

h) If necessary, provide legal and operational guidance to the LGUs in the exercise of their functions vis-à-vis resettlement concerns; and

i) Perform such other functions that may be defined by the Committee. IAETDc

6.3.2 Local Housing Board (LHB) or Local Inter-Agency Committee (LIAC). The creation of the LHB shall be guided by MC 2008-143. Its roles and functions shall be consistent with Section B, No. 2. C thereof, on ensuring the adequacy of resettlement sites. However, its composition, roles and functions shall be expanded based on the needs in the implementation of these guidelines.

Further, it shall be at the discretion of the LGU to either create (1) a sub-committee under the LHB or (b) specific LIAC that would focus on the implementation of the RAP and these guidelines. The LHB or the LIAC on resettlement at the city/municipal level created and strengthened through the resettlement governance capacity building activities of the department shall coordinate with the DILG, Provincial LHB/LIAC and LPMC in the implementation of the projects.

6.3.2.1 The creation of the LHB/LIAC shall composed of but not limited to, the following:

a) The Local Chief Executive as Chairperson;

b) Chairperson, Sangguniang Panlungsod/Bayan Committee on Housing on Urban Development or its equivalent;

c) City or Municipal Planning and development Officer;

d) City or Municipal Engineer;

e) Social Welfare and Development;

f) Local Health Office;

g) Philippine National Police;

h) Department of Education;

i) One (1) Representative from DILG Municipal Office;

j) One (1) Representative from PCUP;

k) One (1) Representative from NHA;

l) One (1) Representative from concerned barangays;

m) Atleast One (1) Representative from each HOAs/sectoral organization in the resettlement site; DcHSEa

n) Other representatives from concerned NGAs or CSOs not herein identified.

6.3.2.2. The functions of the Committee are but not limited to the following:

a) Ensure the implementation of the Resettlement Action Plan (RAP) for the priority resettlement sites, in general, and review its consistency to the projects that will be accessed from DILG, sending LGUs, and other partner agencies;

b) Ensure the completeness of the documentary requirements for the projects to be funded under the DILG's resettlement assistance fund, and endorse the proposal to the LCE, for approval and submission to the DILG Field Office;

c) Coordinate and negotiate with the sending LGUs for funding support on the projects identified in the RAP;

d) Evaluate the business project proposals by the applicant HOA or sectoral/people's organization;

e) Prepare other policies/guidelines for the smooth implementation of projects if need be;

f) Monitor the implementation of the projects in close coordination with the LPMC based on the agreed monitoring and evaluation tools;

g) Facilitate access of other resources from potential partners from government, NGOs and the private sector;

h) Facilitate resolution of grievances if there are any such cases unresolved at the LPMC and barangay levels;

i) Submit periodic reports to the LCE, Provincial LHB/LIAC and DILG. SCaITA

6.3.3. Local Project Management Committee. A Local Project Management Committee (LPMC) shall be organized by the DILG through the LGUs as a direct mechanism in the implementation of the projects. The LPMC shall be created through a local executive order as endorsed by the local housing board or local inter-agency committee.

6.3.3.1. Composition. It shall be composed of the following:

a) Representative from the LGU i.e., settlement office representative or its equivalent;

b) MLGOO assigned in the city/municipality;

c) Representative from the NHA;

d) Representative from PCUP;

e) Punong Barangay;

f) Representative from the Sangguniang Pambarangay Committee on housing or its equivalent; and

g) 50% from HOA and/or sectoral organizations/community associations accredited by the barangay or LGU.

6.3.2.2 The functions of the Committee are but not limited to the following:

a) Oversee and monitor the implementation of the local projects;

b) Evaluate the livelihood project proposals submitted by the HOA or sectoral/people's organizations;

c) Endorse the proposed projects of the LGU to the DILG for funding support;

d) Submit status reports on project implementation to the LIAC;

e) Resolve grievances or refer to the LIAC should such grievances are not resolved at its level;

f) Other functions deemed necessary by the committee.

6.4 Inter-LGU Cooperative Arrangements. Forging inter-LGU cooperative arrangements shall be an integral part of the Department's project on Capacitating LGUs on Resettlement Governance in accordance to Article 61 of the IRR of the Local Government Code of 1991. The foundations laid down during the first phase of project implementation shall be continued by the DILG, through the ISF PMO, by assisting receiving and sending LGUs to forge cooperative arrangements in providing programs needed by the resettled communities.

6.4.1. The resettlement action plans crafted by the receiving LGUs in partnership with the sending LGUs, relevant government agencies, and HOAs, shall be the basis in identifying the development assistance. For 2017 project implementation, the sending and receiving LGUs can focus on the programs and projects not covered by the DILG Resettlement Assistance Fund, and the projects lodged with the participating agencies in the implementation of the P1.8 Billion Convergence Fund for 2017. This is to ensure that the projects and programs identified by the LGUs and resettled communities, but unfunded by the national government agencies, will be implemented. aTHCSE

6.4.2 The LGUs through the sending and receiving LIACs shall conduct bilateral meetings to identify and agree on the specific assistance that the former can extend to the latter. The scope and cost of assistance shall be determined by the contracting parties, and mutually agreed upon.

6.4.3 The agreements between the LGUs will be endorsed to the LCEs for approval.

6.4.4 The agreed projects will be translated into a Memorandum of Agreement (MOA), sisterhood agreement, or any equivalent instrument, that shall be approved by the concerned LCEs as authorized by their respective Sanggunians. A sample MOA is hereto attached as reference.

6.4.5 The DILG shall monitor the implementation of the agreements stipulated in the MOA or sisterhood agreement or its equivalent instrument.

6.5 Grievance Redress Mechanism. A grievance redress system shall be established to ensure that the projects are seamlessly implemented. The following structures shall document and resolve conflicts as they arise, in the course of the project's implementation.

6.5.1. The Local Project Management Committee (LPMC) shall facilitate the immediate resolution of issues and conflicts arising at the community level relative to the implementation of the projects.

6.5.2. Grievances that cannot be resolved at the LPMC level will be endorsed by the LMPC to the LIAC for resettlement, or if there is none, by the Local Housing Board (LHB) for discussion and resolution. In like manner, the LIAC or LHB shall resolve issues arising at its level. Any unresolved issues by the LHB or LIAC will be endorsed to the Provincial LIAC for resolution and/or recommendation.

6.5.3. Should there be cases that will still not be resolved at the local level, the Provincial LIAC through DILG shall endorse the case to the concerned Cluster of the Program Convergence Committee (PCC) for final resolution.

6.5.4. All grievance cases including the actions taken thereon shall be documented by the respective structures and reported to the DILG Regional Field Offices and Central Office through the ISF-PMO. HCaDIS

6.6 Fund Administration and Management. The funds to be downloaded to the Regional Field Offices and LGU partners shall focus on capacitating LGUs on resettlement governance through the RAF. The Fund covers infrastructure projects, support to its operations and maintenance, social development projects including sustainable livelihood projects, and institutional building.

The DILG Central Office shall:

6.6.1 Review and assess the completeness of the documentary requirements, as stipulated in Section 6 of these guidelines, submitted by the LGUs through the Regional Field Offices.

6.6.2 Coordinate with concerned regional field office if there are concerns relative to the submitted documents;

6.6.3 Endorse to the concerned DILG Bureau (i.e., OPDs for the evacuation center) for the review of the technical designs. On the other hand, endorse to the Secretary of the Interior and Local Government or the DBM for the approval of the procurement of vehicles.

6.6.4 The Central Office upon review, shall recommend to the Regional Field Office the approval of the projects compliant to these guidelines.

6.6.5 Sign as witness to the Memorandum of Agreement (MOA) between the proponent LGU and the DILG Regional Field Office.

6.6.6 Release the funds to the LGUs through the DILG Regional Field Offices upon the approval of the project proposal and signing of MOA.

6.6.7 Provide assistance to the Regional Field offices and LGUs in the conduct of the capacity building activities and other technical assistance that may be needed in the implementation of the Fund.

6.6.8 Document, and conduct periodic monitoring of the physical and financial status of the downloaded funds to the field offices and partner LGUs.

6.6.9 Provide quarterly and terminal reports as to the disbursement of the funds to the Department of Budget and Management, House Committee on Appropriations, Senate Committee on Finance and the HUDCC as lead agency of the Program Convergence Committee (PCC). AHCETa

DILG Regional Field Office:

6.6.10 The Regional Field Office shall ensure that the LGUs comply with the documentary requirements and approve the project proposal compliant to these guidelines.

6.6.11 Provide technical assistance to LGUs in the development of their project proposals including the corresponding technical designs.

6.6.12 Endorse the approved project proposal to the Central Office for review, recommendatory approval and monitoring.

6.6.13 Prepare and sign the Memorandum of Agreement (MOA) and its implementing guidelines with the proponent LGU.

6.6.14 Download the fund as stipulated in the approved proposal and signed MOA to the LGU. cHaCAS

6.6.15 Facilitate the conduct of the capacity building activities for the LGUs and their partner community associations in the resettlement sites.

6.6.16 Conduct periodic collection of status reports and monitoring on the status of the implementation of the projects.

6.6.17 Submit monthly and quarterly progress reports on the physical and financial status of the projects to the Central Office.

6.6.18 Immediately notify the Central office and the implementing LGU if there are deviations in the implementation of the approved projects.

6.6.19 Submit summative report upon the completion of the projects to the Central Office.

The proponent LGU shall:

6.6.20 Prepare, in consultation with the concerned community associations, LPMC and LIAC, the corresponding project proposal to be submitted to DILG;

6.6.21 A MOA shall be executed between the proponent LGU and DILG for the approved projects.

6.6.22 The Trust Account shall be opened for the Resettlement Assistance Fund by the proponent LGU;

6.6.23 The proponent LGU shall submit periodic reports (monthly and quarterly progress reports) to the DILG Field Offices on the status of the projects being implemented based on the supplemental monitoring and evaluation system and tools developed by the DILG for these memorandum circular;

6.6.24 Immediately notify and seek the approval of the DILG if there are proposed revisions in the approved project proposal such as in the technical designs, physical and financial plan, timelines among others;

6.6.25 If applicable, provide a list of beneficiaries of the funded projects specially those benefiting from the community development projects;

6.6.26 A terminal report both physical and financial shall be submitted by the proponent LGU to the DILG Regional Field Office upon completion of the project;

6.6.27 In case there are components in the project proposal that cannot be covered by the Resettlement Assistance Fund, the LGU can provide or access additional resources that can complement the fund.

7. Penal Provisions

The DILG may impose the following sanctions for any breach or violations of these guidelines:

7.1 Terminate, cancel or suspend the implementation of the projects on the following grounds:

7.1.1. Non-compliance of the LGUs in the processes and requirements as stipulated in these guidelines and respective MOA;

7.1.2. Corruption and fraudulent acts;

7.1.3. Any arising circumstances that would make improbable the implementation of the project;

7.1.4. Upon the request of the LGU;

7.1.5. If the project is partially or fully cancelled due to the failure of the LGU, it shall be obliged to return the unexpended balance of the released portion of the funds or the pertinent related to the cancelled component of the project;

7.2 Suspend/withhold the release of funds if any of the following occurs:

7.2.1 The LGU is performing unsatisfactorily or in the event that there is substantial slippage in the implementation of the project;

7.2.2 Extra ordinary conditions such as force majeure and the like which shall make it necessary to suspend the implementation of the project;

7.2.3 The LGU will be given a grace period of one month for corrective measures to resolve the issue, improve performance or remedy the situation. Termination will be resorted only, if the LGU having been duly notified, does not make any effort to institute measures that will address the issues at hand.

7.3 Any violations of the statutes stated herein, as well as any provisions of this Memorandum Circular, shall be subjected to administrative, civil and/or criminal penalties.

8. References

• DILG Memorandum Circular 2008-143: Creation of the Local Housing Boards

• DILG Memorandum Circular 2015-56: Guidelines for the Implementation of DILG Micro-Medium Rise Building (MMRB) Projects by LGUs

• Administrative Order No. 233: Reiterating the Prohibition on the Acquisition and Use of Luxury vehicles and Directing the Revision of Guidelines on Government Motor Vehicle Acquisition IDTSEH

• DILG Memorandum Circular 2011-92: Acquisition of Local Government Motor Vehicles

• DILG Memorandum Circular 2014-155: Guidelines on Motor Vehicle Acquisitions by the LGUs

• Joint Memorandum Circular No. 1, s. 2013: Policy Guidelines on the Operationalization and Utilization of the P50 Billion Housing Fund for ISFs in Danger Areas of the NCR

• Republic Act 7279: An Act to Provide for a Comprehensive and Continuing Urban Development and Housing Program, Establish the Mechanism for its Implementation, and for Other Purposes.

9. Annexes

Annex 1 — List of the 18 Pilot Resettlement Sites

Annex 2 — Sample Memorandum of Agreement (MOA) between Sending and Receiving LGUs

10. Effectivity

This policy shall take effect on the ______________________ July 2017, unless otherwise provided herein, following its publication in the DILG website.

11. Monitoring and Submission of Reports and other Requirements

The Department, through the ISF PMO and DILG Regional Field Offices shall be responsible for the monitoring of the LGUs in compliance to this policy. Spot checks and site inspections shall be conducted by the DILG to verify reports. The LGUs and field offices involved shall submit monthly, quarterly and summative physical and financial report to the Central Office. Electronic copies of the reports will be sent via email through [email protected], while printed copies should be sent to the DILG ISF PMO, 10th Floor, DILG NAPOLCOM Center, Edsa corner Quezon Avenue, Quezon City.

The Monitoring and Information Unit (MIU) of the ISF-PMO shall be in-charge of reviewing the requisites complied with prior to the submission to Office of the Secretary of the Interior and Local Government, DBM, and House of Representatives. They shall also be responsible for notifying parties involved concerning incidents of non-compliance and their corresponding sanctions. The Unit, in consultation with the concerned stakeholders shall also devise participatory monitoring and evaluation mechanism, system and tools for these guidelines. A supplemental monitoring system and tools will be developed in accordance with these guidelines.

12. Approving Authority

(SGD.) CATALINO S. CUYOIC Secretary

13. Feedback

Inquiries concerning this document may be addressed to the Informal Settler Families-Project Management Office (ISF-PMO) through Marilyn B. Estrellado, Chief Technical Officer, or Raisa Vera U. Tayaban, Senior Technical Officer, at (02) 925-03-67 or at email address [email protected] for appropriate action.

ANNEX 1

List of the 18 Pilot Resettlement Sites

 

Region/Province	City/Municipality	Resettlement Site
BULACAN	SJDMC	Towerville 6-G, Gaya Gaya, San Jose Del Monte, Bulacan
BULACAN	SJDMC	San Jose Del Monte Heights, Muzon, San Jose del Monte, Bulacan
BULACAN	PANDI	Pandi Residence 2, Bagong Barrio, Pandi, Bulacan
BULACAN	PANDI	Logia de Cacarong, Barangay Real de Cacarong, Pandi, Bulacan
BULACAN	PANDI	Pandi Village 1, Sling Bata, Pandi, Bulacan
BULACAN	PANDI	Pandi Residence 1, Mapulang Lupa, Pandi, Bulacan
BULACAN	BOCAUE	St. Martha Estate Homes, Batia, Bocaue, Bulacan
BULACAN	BALAGTAS	Balagtas Heights, Santol, Balagtas, Bulacan
BULACAN	NORZAGARAY	Norzagaray Heights, Bitungol, Norzagaray, Bulacan
CAVITE	TMC	Southville 2 Phase 3 package 1 Barangay Aguado, Trece Martires, Cavite
CAVITE	TMC	Golden Horizons Barangay Hugo Perez, Trece Martires, Cavite
CAVITE	TMC	Sunshine Ville, Cabuco, Trece Martirez
RIZAL	RODRIQUEZ	Southville 8-B, San Isidro, Rodriquez, Rizal
RIZAL	BARAS	Southville 9, Phase 1 to 5, Pinugay, Baras, Rizal
RIZAL	TANAY	Southville 10, Plaza Aldea, Tanay, Rizal
MANILA	Manila	Paradise Heights
VALENZUELA	Valenzuela	Disiplina Village, Barangay Ugong, Valenzuela City
CALOOCAN	Caloocan	Camarin Residences 1, Brgy. 175 North Caloocan

 

ANNEX 2

Sample Memorandum of Agreement (MOA) between Sending and Receiving LGUs

MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement entered into this _________ day of _________, 2016 by and between:

LGU of _________ (sending LGU), a government agency duly organized under and by virtue of the laws of the Republic of the Philippines, with postal address at 'Office of the Mayor', ____________ City/Municipality, represented herein by its City/Municipal Mayor __________________________, duly authorized to extend financial assistance to the _____________________ (Name of receiving LGU) for the ________________ (Type of Project) at the ________________ (Name of resettlement site) pursuant to Sanggunian Panlungsod/Bayan Resolution No. ____ Series of 2016, herein referred to as the "FIRST PARTY"; SICDAa

- AND -

LGU of ___________ (receiving LGU), a government agency duly organized under and by virtue of the laws of the Republic of the Philippines, with postal address at 'Office of the Mayor', ___________ City, represented herein by its City/Municipal Mayor ________________, duly authorized pursuant to Sangguniang Panlungsod/Bayan Resolution No. __________ Series of 2016, herein referred to as the "SECOND PARTY";

WITNESSETH THAT:

WHEREAS, the FIRST PARTY in partnership with the National Government through the National Housing Authority (NHA) has established resettlement sites in _________________ under the PhP50 Billion Alternative Housing Program and People's Proposals (AHPPP) Fund for the relocation of __________ (No. of ISFs) informal settler families living along the 3 meter legal easements and other danger zones at the (names of the riverways and location) of the National Capital Region (NCR);

WHEREAS, the SECOND PARTY supports the FIRST PARTY in the relocation of the FIRST PARTY's homeless constituents in the aforementioned property which is within the area of jurisdiction of the SECOND PARTY;

WHEREAS, the FIRST PARTY, with the assistance of the National Government Agencies (NGAs) and the SECOND PARTY, has now relocated ________ (No. of Relocatees) families to the __________ (Name of Relocation Site) from ______________ to __________ (period of relocation activities);

WHEREAS, the SECOND PARTY has requested the FIRST PARTY to provide assistance for the provision of basic services, facilities, equipment and financial support which will cater to the needs of the relocated families as identified in the Resettlement Action Plan (RAP) prepared by the SECOND PARTY;

WHEREAS, Article 61 (a) of the Rules and Regulations Implementing the Local Government Code of 1991 states that: "Article 61. Inter-Local Government Unit Grants, Subsidies and Other Cooperative Undertaking — (a) Province, cities and municipalities may, upon approval of a majority of all members of the sanggunian concerned and in amounts not exceeding their surplus funds, extend loans, grants or subsidies to other LGUs under such terms and conditions as may be agreed upon by the contracting parties." DHIcET

NOW THEREFORE, for and in consideration of the foregoing premises and the terms and conditions herein set forth, the PARTIES hereby agree, as follows:

Section 1. Project Name:

The project, the subject of this agreement, shall be known as "(State name of sending and receiving LGU): An Inter-LGU Cooperative Undertaking for the Resettled ISFs from Danger Areas in NCR." The project is in support of the resettled families during their transition stage in their new communities to minimize the impacts of economic and social displacement.

Section 2. Beneficiaries:

The intended beneficiaries are the _____ (No. of) relocatees from the (Origin City) transferred to ______________ (Name of resettlement site).

Section 3. Description of the Assistance:

The project, subject of the support assistance, shall cover the following:

1.1. Land Purchase and/or site development;

1.2. Improvement of the resettlement sites by the construction of service roads/perimeter fence; HDICSa

1.3. Construction of a (name of the infrastructure or facility such as school buildings, health centers, multi-purpose building) which will cater to the needs of the resettled families;

1.4. Skills training and livelihood program;

1.5. Education and/or health services including medicines and basic health kits;

1.6. Subsidy for the salaries/wages/allowances of the community workers such as day care teachers, sanitation personnel, health workers and other staff needed in the operationalization of the community facilities;

1.7. Service vehicle and/or ambulance;

1.8. Dump truck and equipment for solid waste management;

1.9. Provision of social services such as scholarship program, burial assistance, community development projects for the vulnerable sectors, among others.

Section 4. Site/Location:

The project site shall be in ____________ (Name of Relocation Site), Barangay __________________, Municipality/City of __________________.

Section 5. Project Cost:

The total Project cost is __________ (amount in words) (Php _______). The breakdown is as follows: HcDSaT

 

COMPONENT	AMOUNT
Land Purchase/Site Development
Construction of service roads/perimeter fence
Infrastructure or facility such as school buildings, health centers, multi-purpose building
Skills training and livelihood program
Education and/or health services
Service vehicle and/or ambulance
Subsidy for the salaries/wages/allowances
Scholarship program, burial assistance, community development projects, etc.
Dump truck and equipment
Total Project Cost

 

Section 6. Rights and Obligations of the First Party:

a. Provide the support assistance for the project amounting to _________________________. The support assistance shall be released to the SECOND PARTY subject to the compliance by the latter to the auditing and reportorial necessities set forth in the existing COA rules and regulations;

b. Execute the necessary documents to materialize the herein financial assistance;

c. Assist and closely coordinate with the SECOND PARTY in the supervision of the project implementation; and

d. Do such other acts and deeds that will facilitate the project's implementation.

Section 7. Rights and Obligations of the SECOND PARTY:

a. Open a Trust Fund specifically for the project under this Agreement;

Infrastructure

b. Ensure that the land to be used as site for the project is free from any or all forms of liens and encumbrances;

c. Secure the necessary Deed of Donation from the NHA to the Municipality/City of _______________ (Name of Municipality/City);

d. Issue the necessary building permits and ensure compliance to the standards set forth in Batas Pambansa Blg. 220; ASTcaE

e. Implement the ___________ (Name of Project) on the approved location and agreed technical design and ensure the timely completion of the project within _______________ (period of completion) from receipt of the financial assistance and timelines set forth at the RAP;

Social Services:

f. Ensure quality standard of living to the resettled families by providing their health, education, and other services covered in this Agreement;

Vehicles/Equipment:

g. Expenses for the operations and maintenance of the equipment and/or vehicle shall be shouldered by the SECOND PARTY;

Other responsibilities:

h. Prioritize and facilitate easy access of the resettled families from the FIRST PARTY in the use of the facilities/equipment and in the availment of social services;

i. Provide the FIRST PARTY status reports every __________ (reporting periods) on the implementation of the project;

j. Issue a certificate of completion to be furnished to the FIRST PARTY for reference; and

k. Issue Official Receipt for the financial assistance to be released by the FIRST PARTY to the SECOND PARTY.

Section 8. Release of Assistance:

The assistance shall be released by the FIRST PARTY to the SECOND PARTY in a manner mutually agreed by parties taking into consideration the timelines set in the RAP and in accordance with the existing accounting and auditing rules and regulations.

Section 9. Bidding Procedures:

In the procurement of the supply of labor and materials out of the financial assistance from the FIRST PARTY, the SECOND PARTY, shall comply with the provisions of RA 9184 and its Revised Implementing Rules and Regulations. The report of the adopted Mode of Payment must be included in the reportorial requirements.

Section 10. Turn-Over of Unused Funds:

Any assets/properties movable or immovable, acquired thru the use of the financial assistance from the FIRST PARTY shall immediately be turned over by the SECOND PARTY to the intended beneficiaries or the proper agencies that has the authority to hold and administer said assets for the interest of the beneficiaries. cDSAEI

Section 11. Monitoring and Inspection:

A monitoring team composed of representatives from the respective Local Inter-Agency Committee or Local Housing Board of the contracting PARTIES shall conduct joint monitoring inspections and verification of the implementation of the Project.

Section 12. Unutilized Fund:

The SECOND PARTY shall return to the FIRST PARTY any amount not utilized to complete the Project, including interest, if any.

Section 13. Effectivity:

This Memorandum of Agreement shall be for the term of __________ (number of months/year). The project shall commence on ____________.

Section 14. Capacity and Authorization:

The PARTIES herein warrant that they have the capacity, power and the requisite authorization to enter in this Agreement and to perform their respective obligations herein enumerated.

Section 15. Cause/s of Action:

Venue of action regarding the interpretation of the provisions or breach in the fulfillment of this agreement shall be filed exclusively at the courts of _______________________.

Section 16. Separability Clause:

Should any part of this agreement be judicially declared null and void, such nullity shall not affect the validity of the remaining provisions hereof.

IN WITNESS WHEREOF, the parties have hereunto set their hand this _______ day of ____________, 2016 at the _______________________, Philippines.

 

NAME OF SENDING LGU Represented by:	NAME OF RECEIVING LGU Represented by:
NAME OF SIGNATORY City Mayor	NAME OF SIGNATORY City Mayor

SIGNED IN THE PRESENCE OF:

NAME OF WITNESS Agency/Institution	NAME OF WITNESS Agency/Institution

 

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES

______________________________) S.S.

______________________________)

BEFORE ME this ________ day of _____________, 2016 personally appeared:

 

 

Known tom me to be the same person who executed the foregoing instrument and acknowledged to me that the same is their free acts and voluntary deeds. EDCcaS

This instrument refers to a Memorandum of Agreement consisting of _________ pages including this page whereon this acknowledgement is written, signed by the parties and their instrumental witnesses on each and every page and sealed with my notarial seal.

WITNESS MY HAND AND SEAL this ______ day of ___________, 2016 at ________________, Philippines.

Doc. No. _________

 

Footnotes

1. The 18 pilot resettlement sites were identified by the Technical Working Group on Housing Concerns during the Program Basec Budgetting in 2016. The list of the sites is hereto attached.

2. Republic Act 7279 or the Urban Development and Housing Act of 1992.