Updated Guidelines for the Implementation of the Housing Assistance Program for Indigenous Cultural Communities (ICCs)/Indigenous Peoples (IPs)

October 12, 2018

NHA MEMORANDUM CIRCULAR NO. 2018-029

 

I. BACKGROUND

Pursuant to NHA Board Resolution 5437 dated 30 March 2012, NHA issued Memorandum Circular No. 2423 governing the implementation of the Housing Assistance Program for Indigenous Peoples. HTcADC

The Housing Assistance Program for IPs was created to provide housing assistance to IPs women, men and children to improve their living conditions through the provision of decent shelter pursuant to Republic Act 8371 n or the Indigenous Peoples Right Act of 1997.

The general policy is to provide financial and technical assistance to IPs in coordination with National Commission for Indigenous People (NCIP) and LGUs in the development of their housing sites in their own Ancestral Domain or in lands owned by the LGU and identified and acceptable to the concerned IPs as location of their housing sites. The assistance is designed to ensure that the IPs' economic, social and cultural wellbeing through the provision of basic services of housing will be protected and to promote their active participation in the whole process. CAIHTE

II. PURPOSE

This Memorandum Circular is being issued to prescribe the updated guidelines and procedures in the implementation of the Housing Assistance Program for IPs. It will serve as a guide to the IP Communities, NCIP, LGU partners, and the NHA operating units and staff offices in the planning and implementation of proposed Housing Assistance for IPs projects for funding starting 2019.

The updated guidelines seek to provide improvements in the implementation of the program to include increase in funding assistance, compliance to requirements for LGU participation and advocate for a gender perspective in its implementation as prescribed under NHA MC No. 2017-033: Mainstreaming Gender in NHA Resettlement Program Policies, Guidelines, Activities and Projects. aScITE

III. POLICY AND PROGRAM FRAMEWORK

3.1. The Housing Assistance Program for Indigenous Peoples shall be pursued under the framework of the Resettlement Assistance Program for LGUs, under which the National Housing Authority provides assistance to LGUs for the implementation of local housing projects.

3.2. Projects implemented under the Program shall be considered projects of the LGUs concerned which shall be the lead implementors of projects to include land development and housing construction, award of housing units, cost recovery, and project maintenance. DETACa

3.3. The land required for the housing project shall be:

a. Land within identified Ancestral Domain and/or Ancestral Lands as certified by NCIP

b. If covered by a Certificate of Ancestral Domain Claims (CADC) pending application for title or non-application by the concerned Indigenous Cultural Communities (ICCs)/IPs to have the same titled pursuant to RA 8371 or the IPRA Law, Free Prior Informed Consent (FPIC) Process1 must be complied with pursuant to Sec. 59 of the same law and Sec. 48 on the Validation process based on AO No. 3, s. 2012 2 HEITAD

c. Land owned by the LGU and identified and acceptable to the concerned IPs as location of their housing sites. If not yet titled under the name of the LGU, but covered by a Deed of Sale/Donation/Deed of Exchange, the following conditions must be met:

• LGU Certification that titling in the name of LGU must be transferred within the duration of the project; and

• Certification that LGU has posted the appropriate bond to answer for any eventualities from other legal claims on the subject property.

3.4 Formulations of project development plans shall be based on the result of the socio-economic profile/sex disaggregated data (SDD) and be undertaken in coordination with the IP Community. All plans for projects implemented under the Program to include detailed architectural and engineering plans and designs, technical specifications, cost estimates and implementation schedules shall be jointly approved by the LGU, the IP community, NHA and NCIP. aDSIHc

3.5 NHA's assistance shall be in the form of funds for land development and housing construction and technical assistance for the formulation of land development and housing plans, and formulation of policies for beneficiary selection and disposition of housing units.

NHA funding assistance shall not exceed P20 Million per project and shall be allocated out of subsidy funds released to the NHA by the National Government for the Resettlement Program.

3.6 NHA's funding assistance shall be considered as a grant to all local government units.

3.7 The program shall adopt a multi-stakeholder approach where the target communities themselves as well as the National Commission on Indigenous Peoples (NCIP) shall participate from project planning, implementation, monitoring and maintenance. ATICcS

IV. PROJECT BENEFICIARIES

4.1 The prioritization and selection of beneficiaries shall be undertaken by the LGU and the concerned community in coordination with the NCIP.

4.2 Tenure on the allocated lot/housing unit shall be granted to project beneficiaries through appropriate legal instruments as determined by the LGU concerned and the NCIP. Disposition of housing units shall however be subject to restriction on the disposition of lands for indigenous peoples as well as other terms and conditions as may be prescribed by the LGU and the NCIP.

V. PROJECT IMPLEMENTATION

5.1. The project shall be jointly funded by NHA and the LGU. NHAs contribution shall be utilized exclusively for land development and housing construction. The LGU shall provide funds for other cost components not covered by NHA's assistance and other costs necessary for the implementation of the project.

5.2. Mode of Implementation of Development/Construction Works:

5.2.1 As a general rule, NHA shall undertake the project development/construction works covered by its assistance. ETHIDa

5.2.2 The LGU however may undertake the project wherein the funds will be downloaded to them subject to the following:

a. Compliance to all documentary requirements for eligibility to the program

b. Proven LGU capability track record in implementing similar development projects as certified by the Regional and District Offices

c. Willingness of the LGU to undertake the project through submission of a Letter of Intent

d. In case the LGU has already provided/implemented initial development works in the project, submission of Project Development Report or Certificate from LGU TIA.DCc

5.3. Downloading of Funds to LGUs if project development works is LGU-administered:

5.3.1 NHA shall download the total amount of contribution in two tranchesas follows:

 

First Tranche	:	P15 Million
Second Tranche	:	P5 Million

 

 The first tranche shall be released to the LGU subject to the following:

a. Perfection of MOA;

b. Certification from LGU depository bank that the LGU has created a Trust Fund in the name of the Project and which is under the custody of the LGU treasurer. cSEDTC

 The second tranche shall be released upon submission of the following:

a. Physical accomplishment report indicating utilization of 80% of the first tranche and verified by the NHA District Office;

b. Financial Report on the utilization of funds duly submitted to local Commission on Audit.

5.3.2 The LGU is bound to complete the project within the mutually agreed schedule and award the units to the target beneficiaries. Failure on the part of LGU to comply with these conditions shall constrain the NHA to recover all monies provided to the LGU without need of demand.

5.3.3 Funds released to the LGU shall be deposited in a Trust Fund under the account of the Project under the custody of the LGU treasurer. It shall be utilized exclusively for the specific purpose as provided for in the Memorandum of Agreement. AIDSTE

 The LGU shall keep and maintain a separate financial and accounting record for the fund transferred by NHA in accordance with government accounting and auditing rules and regulations.

5.3.4 After completion of the development works, any unutilized funds shall be returned to the NHA.

5.3.5 Fund transfers/releases shall be subject to government accounting and auditing rules and regulations.

5.4 Coverage of Fund Contribution

The fund contribution shall be utilized for land development and housing construction. SDAaTC

The coverage of land development is as follows:

a. Earthworks;

b. Roadworks;

c. Drainage and Sewerage system — individual septic tanks;

d. Water distribution or communal water facilities; and

e. Distribution system for power supply with provision for solar lights.

5.5 Development Standards and Parameters

The program shall allow for flexibility in the design for both land development and housing construction to ensure that the needs of the IP families — women men and children are considered during the validation process, should not go lower than the prescribed minimum standards under BP 220 and are within the approved costs for the program.

VI. COST RECOVERY FROM BENEFICIARIES

Where feasible and based on the financial capability of the project beneficiaries, the LGU, in coordination with the NCIP and the IP community, may recover the project cost or a portion thereof from the beneficiaries.

VII. AVAILMENT PROCESS AND REQUIREMENTS

The matrix for availment process and requirements is attached as ANNEX B.

VIII. PROJECT COORDINATION, MONITORING AND ACCEPTANCE

8.1 Project implementation shall be monitored by a Local Inter-Agency Committee headed by the LGU representative and representatives of the NCIP, the IP community and NHA, as members. acEHCD

In the absence of a LIAC, the existing Local Housing Board (LHB) shall be the substitute structure provided that the concerned agencies and affected communities are included as provisional members and shall perform designated tasks similar to the LIAC structure.

For the Physical Development Component:

NHA as implementor of the development works

a. The NHA shall submit a Quarterly Physical and Financial report to the LGU (cc: LIAC members or LHB) on development works being implemented.

Within 30 days from the completion of all development/physical works covered by the fund contribution, the NHA shall submit a Project Completion Report (PCR) to the LGU (cc: LIAC members or LHB) and recommend acceptance of the completed development work by the LGU. EcTCAD

The LGU through the Mayor/Governor shall cause the signing of the Deed of Donation and Acceptance for submission to NHA as prescribed under the Sanggunian Resolution passed by the LGU.

LGU as implementor of the development works

a. The LGU shall submit a Quarterly Physical and Financial report to the NHA (cc: LIAC members) on development works being implemented.

b. Within thirty (30) days from completion of all development/physical works, the LGU shall prepare a Project Completion Report to be approved by the Mayor and submitted to the NHA (cc: LIAC members) and cause the signing of the Deed of Donation and Acceptance. SDHTEC

8.2 Upon completion of all development/physical works, NHA or the LGU Project Implementation Team shall submit a Project Completion Report (PCR) to the Inter-Agency Committee and recommend acceptance of the completed development/housing units by the Inter-Agency Committee. The Committee shall issue a corresponding Project Completion and Acceptance Report within fifteen (15) days after joint final inspection of project.

8.3 Within thirty (30) days from project completion, the LGU shall submit a Project Terminal Report to the NHA with copies to other members of the Committee which shall include the final physical accomplishment report and financial report duly audited by COA.

8.4 The project is deemed completed upon completion of the disposition of all lots/housing units to relocatees. HSAcaE

IX. ROLES AND RESPONSIBILITIES

9.1 The LOCAL GOVERNMENT UNIT, shall:

9.1.1 Submit a written request for a project assistance to the NHA.

9.1.2 May provide its owned land for IP housing acceptable to the concerned IP where project implementation shall be subjected to the updated guidelines of the RAP-LGU Program.

9.1.3 Provide all required legal and technical data/documents related to the project.

9.1.4 Prepare land development and housing plans including technical specifications, cost estimates and implementation schedules, in consultation with the IP community and assistance from NHA and NCIP. AScHCD

9.1.5 Provide funds necessary for the implementation of project components not covered by NHA's assistance.

9.1.6 Create a Project Implementation Team which shall be responsible for the preparation of project plans and implementation of the project to include land development and housing construction in accordance with approved plans, specifications and schedules, selection of beneficiaries and award/disposition of housing units, collection of monthly amortization or fees, as appropriate, and project maintenance.

9.1.7 Undertake social preparation activities with NHA and the NCIP in compliance to the Free Prior Informed Consent (FPIC) Process pursuant to Sec. 59 of the IPRA Law and Sec. 43 on the Validation Process based on A.O. No. 3, s. 2012. HESIcT

9.1.8 Secure all required permits and clearances (e.g., development permit, ECC clearance) necessary for the implementation of the project.

9.1.9 Submit all monitoring and project completion reports as required.

9.1.10 Return to NHA any unutilized funds released for the project.

9.1.11 Cause the proper use and maintenance of open spaces within the housing project by planting trees and other vegetative cover. The LGU may allow the construction of community facilities in duly designated sites, the operation of which shall be covered by separate Agreements with agencies concerned.

9.1.12 Without need of demand, return the total fund contribution to NHA should it fail to complete the development works, except in cases of force majeure, within the prescribed period and failure to award the said units to the target beneficiaries. AcICHD

9.2 The IP COMMUNITY, shall:

9.2.1 Make available land within the ancestral domain as the site of the housing project in coordination with the LGU and the NCIP subject to conditions set under section 3.3 a and b and provide all documents necessary for the implementation of the project.

9.2.2 Provide inputs to the LGU in the preparation of land development and housing plans.

9.2.3 Assist the LGU in the formulation of policies for beneficiary selection, disposition of housing units and cost recovery, if applicable.

9.2.4 As member of the Local Inter-Agency Committee, monitor the progress of project implementation and upon project completion and joint final inspection, accept the completed development works/housing units. caITAC

9.2.5 Shall be responsible for the maintenance and upkeep of the premises of the project and their individual units.

9.3 The NCIP, shall:

9.3.1 Assist the IP Community in making available land required for the project and certifying the land if it is an ancestral land or within an ancestral domain.

9.3.2 Assist the LGU in securing the required permits and clearances for the project.

9.3.3 Assist the NHA and the LGU in social preparation activities in compliance to the Free Prior Informed Consent (FPIC) Process pursuant to Sec. 59 of the IPRA Law and Sec. 43 on the validation process under A.O. No. 3, s. 2012. TAIaHE

9.3.4 Assist the LGU in the formulation of policies for beneficiary selection, disposition of housing units and cost recovery.

9.3.5 As member of the Inter-Agency Committee, monitor the progress of project implementation and upon project completion and joint final inspection, accept the completed development works/housing units.

9.4 The NHA, shall:

9.4.1 Assist the LGU in undertaking social preparation activities in compliance to the Free Prior Informed Consent (FPIC) Process pursuant to Sec. 59 of the IPRA Law and Sec. 43 on the Validation Process based on A.O. No. 3, s. 2012. ICHDca

9.4.2 Assist the LGU in the preparation of land development and housing plans including technical specifications, cost estimates and implementation schedules.

9.4.3 If development works is LGU-implemented, allocate and release to the LGU the funds required for land development and housing construction.

9.4.4 Provide technical assistance to the MUNICIPALITY in the preparation of project plans, formulation of policies and guidelines in the implementation of resettlement projects.

9.4.5 Assist the LGU in securing permits and clearances for the project.

9.4.6 Assist the LGU in the formulation of policies for beneficiary selection, disposition of housing units and cost recovery, if applicable.

9.4.7 Advocate for the adoption of its Gender mainstreaming policies and procedures in all areas of housing development from social preparation, beneficiary selection, physical construction, relocation of families, disposition of housing units and post-relocation programs.

9.4.8 Evaluate, review and approve the developmental plans and technical specifications including the final cost estimates of the proposed land development and housing construction works. cDHAES

9.4.9 Monitor the implementation of the land development works and see to it that such is in accordance with the approved plans and specifications, costs and time frames.

9.4.10 As member of the Inter-Agency Committee, monitor the progress of project implementation and upon project completion and joint final inspection, accept the completed development works/housing units. A separate group/unit from the NHA shall be designated for this purpose.

9.4.11 As member of the Local Inter-Agency Committee, monitor the progress of project implementation and upon project completion and joint final inspection, accept the completed development works/housing units. TCAScE

9.4.12 Turnover completed development undertaken to the MUNICIPALITY through a Deed of Donation and Acceptance.

9.4.13 Cause the LGU to return the total fund contribution to NHA should the LGU fail to complete the development works within the prescribed period and failure to award the said units to the target beneficiaries.

X. OTHER ARRANGEMENTS FOR PROJECT IMPLEMENTATION

All other arrangements with LGUs, NCIP or IP Communities not covered by this Circular shall be separately presented for approval of the NHA General Manager.

XI. PROJECT DISENGAGEMENT

NHA's engagement in the project shall end after the signing of the Deed of Donation and Acceptance. ASEcHI

It shall however continue to receive copies of LGU reports to the LIAC, being a member, on the implementation of other project components and may be called upon to attend LIAC meetings on a periodic basis.

XII. PROGRAM ASSESSMENT

A review of the program shall be conducted on a periodic basis by the Corporate Planning Department (CPD) in coordination with the operating units and concerned staff departments to assess the program implementation and ensure the attainment of the program objectives.

XIII. EFFECTIVITY

This Circular takes effect immediately and shall supersede Memorandum Circular No. 2423 dated 18 April 2012. cTDaEH

(SGD.) MARCELINO P. ESCALADA, JR.

General Manager

ANNEX A

National Commission on Indigenous Peoples

May 23, 2018

MARCELINO P. ESCALADA, JR.General Manager

Dear Manager Escalada,

This is with regard to your letter seeking the position of NCIP Central Office concerning the amendment of existing NHA policy for its Housing Assistance Program for Indigenous Peoples to cover domains with existing CADCs.

First of all, we would like to clarify that there are CADCs that have not been converted to CADT due to non-application by the concerned ICCs/IPs, to have the same be titled pursuant to R.A. 8371. Likewise, there are ICCs/IPs who applied for conversion of CADC to CADT but whose title were not yet approved due to lack of funds, boundary conflicts and other factors.

While we appreciate that NHA will amend its policies to accommodate ancestral domain (AD) without titles, the premise of the proposed amendments or conditions before ADs with CADCs may be included in the Housing Assistance Program for IPs is misplaced. The NCIP Central Office does not agree with the proposed policy.

We, however, require that NHA should in the implementation of the housing program, comply with the FPIC process pursuant to Section 59 of the IPRA and A.O. 3, series of 2012. It is through this process that the requested certification precondition (CP) is issued by the NCIP regardless of whether an identified AD where a proposed program is to be implemented is titled or not.

We hope to have clarified you on the matter.

Very truly yours,

(SGD.) ATTY. LEONOR T. ORALDE-QUINTAYO

ANNEX B

Availment Process and Requirements: Housing Assistance Program for Indigenous Cultural Communities (ICCs)/Indigenous Peoples (IPs)

STEP	REQUIREMENTS	RESPONSIBLE ENTITY
1. SUBMISSION OF LETTER-REQUEST AND SUPPORTING DOCUMENTS TO LGU	a. Letter request of IP Community/ies for housing project addressed to LGU. Attached are the ff: i. Land Documents • NCIP certified copy that the land was identified as Ancestral Domain and/or Ancestral Lands; • Certificate of Ancestral Domain Claims (CADC); • Clean Title in the name of LGU (RD-certify copy) • If not yet titled in the name of LGU but covered by a Deed of Sale/Deed of Donation/Deed of Exchange, submission of the following: — LGU certification that Titling in the name of LGU must be transferred within the duration of the project — Certification that LGU has posted a bond to answer any eventualities from other legal claims on the subject property ii. Zoning Certification from LGU iii. List of Beneficiaries (certified by Tribal Chieftain) iv. Original Plan of Ancestral Domain as Surveyed for specific Tribe (can be acquired from the office of National Commission for Indigenous Peoples (NCIP)	IP Community/ies
2. SUBMISSION OF LETTER-REQUEST AND SUPPORTING DOCUMENTS TO NHA	a. Letter request of LGU for Housing Assistance Program for IPs and attaching all documents listed in step no. 1.   b. Certification from LGU or Sangguniang Bayan Resolution on the provision of the following (if applicable): • Power System • Water System • Livelihood projects for the IP beneficiaries • Development of access road and Right-Of-Way	LGU
3. SITE EVALUATION AND CONSULTATION a) Joint Site Evaluation b) List of beneficiaries validation (NCIP) c) Conduct Geological Inspection (DENR-MGB)		NHA, LGU, NCIP, DENR-MGB and IP Leader
4. FPIC/VALIDATION PROCESS  Pursuant to Sec. 43 (Objects and Process of Validation) of Admin. Order No. 03 Series of 2012 a) The Regional Director, motu proprio or upon receipt of the written request for validation, shall constitute a team composed of not more than three (3) from the provincial office or CSC, as the case may be, to conduct a field validation;   b) The team shall immediately conduct the validation and thereafter submit the appropriate report, prepared under oath, to the Regional Director within ten (10) days from commencement thereof;   c) The process of validation shall be done through interviews of elders/leaders and other community members; and   d) If the validation yielded positive report, the Regional Director shall within three (3) days, from receipt, prepare the CP and validation documents to be transmitted to the concerned commissioner for concurrence, copy furnished ADO. Once concurred, the same shall be endorsed to the Chairperson for confirmation. Otherwise, the Regional Director shall return the documents to the applicant/petitioner.	Proposed housing plans, designs and cost estimates	NHA, NCIP, LGU and IP Community
5. SUBMISSION OF FINDINGS AND RECOMMENDATIONS TO LGU	a. Site evaluation and investigation Report b. Validation Report prepared by the FPIC Team of the NCIP for submission to NCIP Regional Office for the issuance of Certificate of Pre-Condition c. Certificate of Pre-Condition d. Geological Inspection Report to the LGU for the request of ECC	NHA   FPIC Team, NCIP,       NCIP Regional Office DENR-MGB
6. PROJECT PACKAGING	a. Project Pre-feasibility or Feasibility Study b. Detailed engineering and architectural plans, designs, cost estimates and work schedule c. Program of Work of Housing Construction d. Production Schedule and PERT-CPM, Cash Flow, S-Curve and Bar Chart e. Technical Specifications for Housing Construction f. Canvass of Construction Materials (at least 1 canvass) g. Sanggunian Resolution i. Approving the use of the LGU property as housing site for the identified qualified beneficiaries (if applicable) ii. Authorizing the Mayor/Governor to enter into and sign a MOA with NHA, IP Community and NCIP for the development of the project iii. Designating a permanent Project Implementation Team for the project iv. Providing funds and undertake implementation of other components not covered by NHA's assistance or contributions of other participating institutions. It must also be supported by a Certification of Fund Allocation certified by the LGU Treasurer v. Intent to avail Php20,000,000.00 for Indigenous Peoples Housing Assistance of the NHA vi. Authorizing the Mayor/Governor to sign the Deed of Acceptance of NHA Housing Project for turnover of completed development Works vii. Authorizing the LGU to return the fund contribution in case of failure to complete project within prescribed duration and non-awarding of the units to target beneficiaries. h. Draft MOA	NHA District Office
7. REVIEW OF DRAFT MOA, PROJECT EVALUATION AND PROJECT APPROVAL	a. Final MOA b. SB Resolution "Adopting the MOA between the Municipality, NHA, IP Community and NCIP" c. Memo-endorsement to the General Manager thru the Head for Operations d. All required documents under items 1 to 7	NHA Regional Office
8. SIGNING OF MOA		LGU Mayor/Governor, NCIP, IP Community and the NHA Regional Manager

 

Template to be Used if Funds are Downloaded to LGU

MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Agreement made and entered by and among:

The NATIONAL HOUSING AUTHORITY, a government corporation organized and existing pursuant to the provisions of Presidential Decree 757, as amended, with principal office at NHA Building, Elliptical Road, Diliman, Quezon City represented in this Act by its General Manager, __________, and hereinafter referred to as the "NHA";

The MUNICIPAL GOVERNMENT OF _________, a government entity duly organized and existing under the laws of the Republic of the Philippines with principal office at ___________, represented in this Act by its Municipal Mayor, __________, and hereinafter referred to as the "MUNICIPALITY";

-and-

The TRIBE ____________, a community of ________ families residing in ________ located in ___________, duly recognized by the National Commission on Indigenous Peoples (NGIP), represented in this Act by its Tribal Chieftain/Tribal Head __________________ hereinafter referred to as the "_____________".

WITNESSETH: That —

WHEREAS, Executive Order No. 90 dated December 17, 1986 mandated the National Housing Authority (NHA) as the sole production agency to meet the housing needs of the low-income families and to focus its efforts in the provision the housing needs of the lowest 30% of the urban population;

WHEREAS, pursuant to the Local Government Code (RA 7169) and the Urban Development and Housing Act of 1992 (RA 7279), Local Government Units are mandated to take a principal role in the provision of housing services to its constituents;

WHEREAS, Republic Act No. 8731 dated October 29, 1997 or the Indigenous Peoples Rights Act of 1997 that recognizes, protects and promotes the rights of Indigenous People created the National Commission on the Indigenous Peoples (NCIP);

WHEREAS, there is an immediate need to provide housing assistance to some _____ families of Indigenous People (_______ Communities) occupying ________ hectares portion of their ancestral domain property located in __________ to uplift their lives and improve their living conditions by providing them decent housing within their ancestral domain;

WHEREAS, the IP Community, thru its (Chieftain/Tribal Head), has requested the LGU for housing assistance;

WHEREAS, the Municipal Mayor of ______ in a letter dated ______ has requested the NHA for Housing Assistance through the development of NHA-___ IP Housing Project in the portion of ancestral domain property covered by (Legal instrument either CADT, CADC etc.) (Annex) located in upland area of __________ intended for some ______ families qualified for the Housing Assistance Program for Indigenous People;

WHEREAS, the Sangguniang Bayan of the MUNICIPALITY under its Resolution No. _____ dated ______ (Annex) has authorized the Municipal Mayor to enter into A Memorandum of Agreement with the NHA to cover the Development of ____ IP Housing Project in ______ to be undertaken within ______ calendar days by administration by the MUNICIPALITY under the NHA's Housing Assistance Program for Indigenous People (HAPIP);

WHEREAS, on _______ the NHA Board of Directors under Resolution No. ___ dated ______ (Annex) approved under the National Expenditure Program (NEP) covered by the amount of P_______ Million for the ______ Community in _____ funding of which shall be chargeable against the NEP/GAA funds for FY 20___, subject to availability of funds and subject further to existing laws, rules and regulation. The said project shall be undertaken by administration by the MUNICIPALITY;

WHEREAS, the MUNICIPALITY, the _____, and the NHA hereinafter referred to as the "PARTIES" agreed to pool their resources for purposes of undertaking the Development of ______ IP Housing Project in ________ to be undertaken within ____ calendar days in accordance with the approved project plans, cost estimates and specifications;

NOW, THEREFORE, for and in consideration of the foregoing premises and mutual covenants herein contained, the PARTIES do hereby bind and agree to the following:

ARTICLE I

THE PROJECT

1.1 The Project shall cover the development of _____ (sq.m.) owned by the _____ IP Community as certified by the NCIP, covered by _________ (legal instrument) located in ___________ (location) to be known as _____________ (project name), under the NHA's Housing Assistance Program for the Indigenous Peoples (HAPIP);

1.2 The Project implementation/development shall be in accordance with the plans and specifications, costs and time frames mutually agreed by the parties and shall be in accordance with the provisions of Batas Pambansa 220 as a Socialized Housing Project.

1.3 The project shall be implemented by administration by the MUNICIPALITY under the NHA's HAPIP based on the approved plans and estimates and in accordance with the existing government auditing laws, rules and regulations;

1.4 The development of the Project shall be undertaken by Contract to be awarded in accordance with the provisions of The Government Procurement Reform Act (R.A. 9184) and its Implementing Rules and Regulations (IRR) as amended.

1.5 Project implementation shall commence on _______ or not later than sixty (60) days from the date of receipt of the amount covering the first release of the loan and shall be completed within a period of not more than _______ calendar days in accordance with a mutually approved Implementation Schedule. However, the duration of project implementation may be extended due to force majeure or other meritorious reasons as may be mutually agreed upon by both PARTIES.

ARTICLE II

PROJECT BENEFICIARIES

2.1 The Project is intended to provide housing assistance to benefit _______ indigenous people of upland sites of Brgy. __________. As the number of housing units might not suffice current requirements, the prioritization shall be established by the MUNICIPALITY.

2.2 Security of tenure shall be granted to the Project Beneficiaries through a Usufruct Agreement or through a Conditional Contract to Sell or any mode of conveyances as may be approved by the Sangguniang Bayan of the MUNICIPALITY _________.

2.3 Disposition of homelots shall be subjected to restrictions in the disposition of lands for Indigenous People and to such other terms and conditions as may be prescribed by Sangguniang Bayan of _________.

2.4 All policies pertinent to the Project, to include the disposition of lots, cost recovery and estate management shall be promulgated by the Sangguniang Bayan of the MUNICIPALITY _______.

ARTICLE III — PROJECT FINANCING

3.1 The Project shall be jointly funded by all the PARTIES. The NHA shall provide the amount of ____ (P___), to cover the estimated cost for land development and housing construction to include _____________ (scope of works) and the MUNICIPALITY shall provide the land and funds in excess of the amount allocated by NHA for land development and construction of housing units of the PROJECT.

3.2 The NHA shall release the amount in two tranches:

 

First Tranche	:	P15 M
Second Tranche	:	P5 M

 

The first tranche shall be released to the MUNICIPALITY subject to the following:

a. Perfection of MOA;

b. Certification from MUNICIPALITY depository bank that a Trust Fund was created in the name of the Project and which is under the MUNICIPALITY treasurer.

The second tranche shall be released upon submission of the following:

a. Physical accomplishment report indicating utilization of 80% of the first tranche verified by the NHA District Office;

b. Financial Report on the utilization of funds duly submitted to local COA.

3.3 Fund released shall be deposited under a Trust Fund under an account specifically created for the Project and under the custody of the MUNICIPALITY Treasurer. It shall be utilized exclusively for the specific purpose as provided for in the Agreement.

3.4 The funds released to the MUNICIPALITY shall be subject to liquidation under existing government accounting and auditing rules and regulations.

3.5 Proceeds from the disposition of homelots/housing units relative to recovery of land development costs shall accrue to the Trust Fund under the account of _________ (project) and shall be exclusively utilized for the acquisition and/or development of other resettlement project/s of the MUNICIPALITY. The Sangguniang Bayan shall determine the manner of disbursement. (if applicable)

3.6 After completion of the PROJECT, any unutilized balance of the subsidy funds shall be returned to the NHA for reallocation to other resettlement projects.

ARTICLE IV — ROLES AND RESPONSIBILITIES

4.1 The MUNICIPALITY shall:

4.1.1 Submit a written request for project assistance to the NHA;

4.1.2 Provide a parcel of land for IP housing acceptable to the IP community of _____ with an area of ______, owned by the MUNICIPALITY covered by ___________ (TCT No.) issued by the Registry of Deeds of ____ as the MUNICIPALITY's contribution to the resettlement program of NHA;

 (in case the IP Community has no land to offer and LGU is willing to give its property);

4.1.3 Secure, comply and submit to NHA at its expense all the legal and technical data, and the required documents showing its readiness to undertake the PROJECT development (see Annex ____);

4.1.4 Prepare land development and housing plans including technical specifications, cost estimates and implementation schedules, with assistance from NHA;

4.1.5 Accept from NHA the amount of P______ allocated for the project as specified in Article III and undertake the project implementation commencing on ____ or not later than sixty (60) days from the date of receipt of the amount covering the first release of the fund;

4.1.6 Pass a Sangguniang Resolution

a. Approving the use of the MUNICIPALITY property as housing site for the identified qualified beneficiaries (in case the IP Community has no land to offer and LGU is willing to give its property);

b. Authorizing the Mayor/Governor to enter into and sign a MOA with NHA for the development of the project;

c. Designating a permanent Project Implementation Team for the project;

d. Authorizing the Mayor/Governor to sign the Deed of Donation and Acceptance for turnover of completed development Works

e. Authorizing the MUNICIPALITY to return the fund contribution in case of failure to complete project within prescribed duration and non-awarding of the units to the target beneficiaries.

4.1.7 Provide funds and undertake implementation of other components not covered by NHA's assistance or contributions of other participating institutions, supported by a Certification of Fund Allocation certified by the LGU Treasurer;

4.1.8 Undertake beneficiary selection and ensure titling of individual lots covering the entire project;

4.1.9 Ensure the creation of the Project Implementation Team that will liaise with NHA and shall be responsible for overall project operation and management;

4.1.10 Create and convene the Local Inter-Agency Committee (LIAC) to be headed by the LGU, and with representatives of the NHA, National Commission for Indigenous People (NCIP), the Indigenous Community concerned as members, and other government agencies and participating institutions, as deemed appropriate, to ensure adequate consultation and participation in project implementation and monitoring;

4.1.11 Undertake social preparation activities with NHA and the NCIP in compliance to the Free Prior Informed Consent (FPIC) Process pursuant to Sec. 59 of the IPRA Law and Sec. 43 on the Validation Process based on A.O. No. 3, s. 2012;

4.1.12 Prepare and submit to NHA a Quarterly accomplishment report covering the physical and financial status of the project during project implementation and upon completion. Within thirty (30) days from completion of all development/physical works, the MUNICIPALITY shall prepare a Project Completion Report to be approved by the Mayor/Governor to include Report of Disbursements duly audited by the local COA and submitted to the NHA (cc: LIAC members) and cause the signing of the Deed of Donation and Acceptance;

4.1.13 Warrant the complete, satisfactory and faithful performance of all works in accordance with the design, plan and specifications approved by NHA and all other obligations under the MOA;

4.1.14 Abide strictly with normal and/or required security and safety measures and procedure to prevent death or injury to any civilian employed in the project. Provision shall be made for insurance to cover any possible civil liability chargeable under the account of the MUNICIPALITY;

4.1.15 Cause the proper use and maintenance of open spaces within project by planting trees and other vegetative cover. The LGU may allow the construction of community facilities in duly designated areas or sites;

4.1.16 Facilitate the extension and installation of permanent electrical, water facilities up to service entrance of the residential lots and ensure that the same are operational/or available prior to occupancy of housing units by beneficiaries;

4.1.17 As member of the Inter-Agency Committee, monitor the progress of project implementation and accept completed development works/turned over by NHA;

4.1.18 Through a Deed of Donation and Acceptance (DODA), accept the completed land development works from NHA and maintain and repair the same regularly;

4.1.19 After completion of the project, maintain the land development works in good condition at his own expense;

4.1.20 Remit to the NHA any unutilized funds released for the project;

4.1.21 Without need for demand, return the total fund contribution to NHA should it fail to complete the development works within the prescribed period and award the said units to the target beneficiaries;

4.1.22 Network with NGOs, POs and GOs for the provision of livelihood opportunities in the project; and

4.1.23 Perform such act and deeds necessary to carry out the above responsibilities.

4.2 The (Name of IP Community) shall:

4.2.1 Make available the land within the ancestral domain as the site of the housing project in coordination with the LGU and the NCIP covered by (legal instrument) subject to conditions set under the Memorandum Circular 2018-__ (Section 3.3);

4.2.2 Assist the LGU in the formulation of policies for beneficiary selection, disposition of housing units;

4.2.3 Provide other documents related to the project site and other data needed for the implementation of the project;

4.2.4 Assist the MUNICIPALITY in facilitating the documentation of securing related permits and clearances from the concerned government agencies;

4.2.5 As member of the Inter-Agency Committee, monitor the progress of project implementation and upon project completion and joint final inspection, accept the completed development works/housing units;

4.2.6 Shall be responsible for the maintenance and upkeep of the premises of the project and their individual units; and

4.2.7 Perform such act and deeds necessary to carry out the above responsibilities.

4.3 The NCIP shall:

4.3.1 Assist the IP Community in making available land required for the project and certify if land is an ancestral domain and/or ancestral land;

4.3.2 Assist the LGU in securing the required permits and clearances for the project;

4.3.3 Assist the NHA and the LGU in social preparation activities in compliance to the Free Prior Informed Consent (FPIC) Process pursuant to Sec. 59 of the IPRA Law and Sec. 43 on the validation process under A.O. No. 3, s. 2012;

4.3.4 Assist the LGU in the formulation of policies for beneficiary selection, disposition of housing units and cost recovery;

4.3.5 As member of the Inter-Agency Committee, monitor the progress of project implementation and upon project completion and joint final inspection, accept the completed development works/housing units; and

4.3.6 Perform such act and deeds necessary to carry out the above responsibilities.

4.4 The NHA shall:

4.4.1 Assist the LGU in undertaking social preparation activities in compliance to the Free Prior Informed Consent (FPIC) Process pursuant to Sec. 59 of the IPRA Law and Sec. 43 on the Validation Process based on A.O. No. 3, s. 2012;

4.4.2 Assist the MUNICIPALITY in the preparation of land development and housing plans including technical specifications, cost estimates and implementation schedules;

4.4.3 If LGU administered, allocate and release the amount of P________, in two tranches as its contribution for the land development and housing construction of the MUNICIPALITY property;

4.4.4 Provide technical assistance to 'the MUNICIPALITY in the preparation of project plans, formulation of policies and guidelines in the implementation of resettlement projects;

4.4.5 Assist the LGU in securing permits and clearances for the project. For specific project components which shall be implemented by NHA, secure all permits and clearances necessary for the implementation of said component;

4.4.6 Assist the LGU in the formulation of policies for beneficiary selection, disposition of housing units and cost recovery;

4.4.7 Advocate for the adoption of its Gender mainstreaming policies and procedures in all areas of housing development from social preparation, beneficiary selection, physical construction, relocation of families, disposition of housing units and post-relocation programs.

4.4.8 Evaluate, review and approve the developmental plans and technical specifications including the final cost estimates of the proposed land development and housing construction works;

4.4.9 Monitor the implementation of the land development works and see to it that such is in accordance with the approved plans and specifications, costs and time frames;

4.4.10 Turnover completed development undertaken to the MUNICIPALITY through a Deed of Donation and Acceptance;

4.4.11 As member of the Inter-Agency Committee, monitor the progress of project implementation and upon project completion and joint final inspection, accept the completed development works/housing units. A separate group/unit from the NHA shall be designated for this purpose; and

4.4.12 Cause the MUNICIPALITY to return the total fund contribution to NHA should the MUNICIPALITY fail to complete the development works within the prescribed period and award the said units to the target beneficiaries.

ARTICLE V — OTHER PROVISIONS

5.1. It is understood that failure of the PARTIES to demand strict compliance of any or all of the Terms and Conditions of this Memorandum of Agreement shall not be construed as a waived and/or estoppel on their part for the enforcement of their rights in connection herewith.

5.2. Nothing in this Agreement shall be construed as establishing the relationship of employer and employee between the PARTIES or any of their respective staff. The PARTIES shall at all times be personally and directly liable for the acts of all its personnel under its employ and shall hold each party free and harmless from any and all claims of liabilities arising from the act or conduct of its employees.

5.3. This Memorandum of Agreement may be modified or revised by a written request of the PARTIES citing thereon specific claim/s to be revised or modified and the corresponding amendment/s thereto.

ARTICLE VI — EFFECTIVITY

This Agreement shall take effect upon signing by all parties hereto and shall remain effective unless otherwise terminated or upon satisfaction of the objectives by which this Agreement has been forged.

IN WITNESS WHEREOF, the Parties have hereunto set their hands this ____ day of _____, 20__ at Quezon City, Philippines.

 

NATIONAL HOUSING AUTHORITY   By:   ________________________ Regional Manager

MUNICIPAL GOVERNMENT OF ____________________________ By:   ______________________ Mayor

Name of Tribe ________________

By: _______________________ Chieftain/Tribal Head

Signed in the Presence of:

_____________________ Witness

_____________________ Witness

 

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

______________ MUNICIPALITY) S.S.

BEFORE ME, a Notary Public for and in ______ this ____day of _________, ______, personally appeared.

 

NAME	Gov't-Issued ID & No.	Valid Until
_________________	_________________	_________________
_________________	_________________	_________________
_________________	_________________	_________________

 

all known to me and to me known to be the same persons who executed the foregoing Agreement and acknowledged to me that the same is their voluntary free act and deed and the entity they represent.

The foregoing instrument refers to the Memorandum of Agreement and consisting of ten (10) pages, including this page on which this Acknowledgment is written, duly signed by all the Parties and their instrumental witnesses on each and every page hereof.

WITNESS MY HAND AND SEAL, on this ____ day of _______in the place first written above.

Doc. No. ____;

Page No. ____;

Book No.____;

Series of ____.

 

Footnotes

1. Free and Prior Informed Consent. As used in the Act, shall mean the consensus of all members of the ICCs/IPs to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of an activity, in a language and process understandable to the community.

2. Letter to NHA from NCIP Main Office dated 23 May 2018 rendering this opinion as a requirement for those lands being offered by the IP community but only covered by a CADC (ANNEX A).

 

n Note from the Publisher: Written as "Republic Act 8731" in the original document.