Updated Guidelines for the Implementation of the Resettlement Assistance Program for Local Government Units (RAP-LGU)

October 12, 2018

NHA MEMORANDUM CIRCULAR NO. 2018-030

 

I. BACKGROUND

Pursuant to NHA Board Resolution No. 5436 dated 30 March 2012, NHA issued Memo Circular 2427 governing the implementation of the Resettlement Assistance Program for Local Government Units (RAP-LGU). CDHaET

The RAP-LGU was developed pursuant to NHA's mandate under Republic Act No. 7279 or the Urban Development and Housing Act (UDHA) of 1992 to provide financial and technical assistance to local government units in the implementation of their urban development and housing programs and in line with NHA's role as enabler and facilitator in the housing delivery process.

The general policy is geared towards providing financial and technical assistance to local government units (LGUs) in the development of their housing sites for informal settler families requiring relocation and resettlement. The assistance is designed to enhance the capabilities of LGU's in exercising NHA's mandate and tasks pursuant to the UDHA and the Local Government Code for the provision of housing to their constituents.

II. PURPOSE

This Memo Circular prescribes the updated guidelines and procedures in the implementation of the RAP-LGU for effective and efficient program implementation. The updated guidelines introduces improvements in the implementation of the program to include increase in funding assistance, improvement in development standards, compliance to requirements for LGU participation and alignment with gender and development (GAD) principles in its implementation as prescribed under NHA MC No. 2017-033: Mainstreaming Gender in NHA Resettlement Program Policies, Guidelines, Activities and Projects.

These guidelines shall serve as a guide to the LGU partners and the NHA operating units in the planning and implementation of RAP-LGU projects for funding effective CY 2019. ISCDEA

III. POLICY GUIDELINES

3.1 Joint NHA-LGU Undertaking. Projects implemented under the RAP-LGU shall be pursued as a joint undertaking between the LGUs and the NHA to be covered by a Memorandum of Agreement. Resources and expertise shall be shared for an efficient and effective delivery of housing benefits to informal settler families requiring relocation and resettlement.

3.2 Target LGU Partners. Program assistance shall cover LGUs (municipalities, cities and provinces) outside of Metro Manila with informal settler families requiring relocation and resettlement.

3.3 Target Beneficiaries. Target beneficiaries shall include informal settler families as follows:

3.3.1 Families residing in danger areas and in other public places;

3.3.2 Families who have been displaced by natural calamities and human-induced disasters (e.g., Internal conflicts; fire victims) and requiring relocation to safe areas; TaCEHA

3.3.3 Families displaced or to be displaced from sites earmarked for government infrastructure projects; and

3.3.4 Families subject of court orders for demolition and eviction.

The families must qualify as socialized housing beneficiaries as defined pursuant to Section 16 Article V of RA 7279.

3.4 Primarily Roles and Contributions

The NHA shall provide the following:

• Fund contribution to finance the land development and/or housing construction; and

• Technical assistance in the preparation of project plans and formulation of policies and guidelines for the implementation of resettlement projects.

The LGU shall provide the following:

• Land requirement of the project; EDCTIa

• Funding for additional cost components over and above NHA's funding contribution; and

• Overall supervision of project implementation as well as the operation and management of the resettlement project to include preparation of overall project plans and site development and housing plans, beneficiary selection, relocation of families and estate management to cover disposition of housing units, cost recovery and project maintenance.

 The program may allow inter-LGU participation for purposes of resource sharing.

3.5 Eligibility Criteria for LGUs

The RAP-LGU program shall be open to all LGUs (municipalities, cities and provinces) in all regions, except NCR, with ISFs requiring relocation and resettlement.

To be eligible under the new program, the LGU shall initially send a formal letter request to avail of the Program. acHTIC

First level evaluation:

The LGU must offer in writing, the land for the proposed socialized housing project. The offered land shall be evaluated based on the following criteria:

a. Titled in the name of the proponent, LGU;

b. If it is not yet titled in the name of LGU but covered by a Deed of Sale/Deed of 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.

c. Free from liens and encumbrances;

d. If public land covered by a Presidential Proclamation, a certification/clearance from DENR that proclaimed land has no private claimants; 1

e. The land shall be classified as residential or converted/reclassified for residential use and pass all environmental requirements; ADCIca

f. As much as possible, the land shall be located in areas where livelihood opportunities and other socio-economic facilities are available and accessible;

g. Evaluated as suitable for housing based on the site selection and evaluation criteria of NHA.

If the LGU passes the first level evaluation, it shall be notified to submit the following:

Second level:

a. Project Proposal.

b. List of Beneficiaries and basis for relocation and resettlement.

c. Requirements for project packaging with assistance from NHA:

• Topographic map.

• Lot Plan with vicinity map.

• Project Pre-Feasibility or Feasibility Study.

• Detailed engineering and architectural plans, designs, cost estimates and work schedule. ScaCEH

d. Certification from HLURB that LGU has an approved updated Comprehensive Land Use Plan (CLUP) or with pending application for review, whichever is applicable.

e. Certification from the LGU that it has an approved Local Shelter Plan.

f. Certification that the required community facilities are available/or will be available once project is approved, if applicable.

g. NHA certification of satisfactory performance of LGU in previous housing projects with NHA, if applicable.

h. NHA certification of updated loan payments of LGU with NHA, if applicable.

i. Required clearances.

j. Sangguniang Resolution:

• Approving the use of the LGU property as socialized housing site for the identified qualified beneficiaries. ACTIHa

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

• Authorizing the Mayor/Governor to secure a loan from NHA and sign the contract of loan and authorizing the yearly appropriations in the LGU budget for payment of the loan component (if with loan component).

• Designating a permanent Project Implementation Team for the project.

• Providing funds and implementing 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.

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

• Authorizing the LGU to return the fund contribution in case of failure to complete project within prescribed duration and failure to award the units to the target beneficiaries.

k. Certificate of Net Borrowing Capacity issued by the Bureau of Local Government Finance (BLGF), 2 if with loan component.

3.6 Ceiling and Treatment of NHA's Fund Contribution

3.6.1 Pursuant to NHA Board Resolution No. 6381 dated 16 May 2018, ceilings on fund contribution per LGU per year shall be increased as follows:

a. From P12 Million to P25 Million for all municipalities and 5th and 6th class cities and provinces. The contribution shall be considered as a GRANT and not recoverable from LGUs.

b. From P24 Million to P50 Million for all other LGUs (1st and 4th class cities and provinces). The contribution shall be treated as a HALF LOAN-HALF GRANT, hence partially recoverable.

3.6.2 For LGUs under the half-loan half-grant category the terms of loan repayment are as follows: HCSAIa

 

Legal instrument	Contract of Loan (to be attached to the MOA).
Maximum loan term	Fourteen (14) years.
Interest	Non-interest bearing.
Schedule of payments	Yearly equal payments or as mutually agreed upon with LGU.
Start of payment	One year after the issuance of a certification by NHA that the project is completed.
Penalty in case of Default	In case of failure to pay the scheduled annual amortization, the 50% loan shall be subject to delinquency interest in accordance with the existing policies of the NHA. Unless loan is updated, the LGU will not be entitled to repeat assistance.

 

3.6.3 The amount of NHA's contribution per project is subject to the evaluation of the magnitude of resettlement requirement. ACcaET

3.6.4 Repeat assistance to an LGU may only be allowed once NHA has certified that the project where assistance was provided under these updated guidelines have already been awarded to the target beneficiaries and loan repayment is updated, if applicable.

3.7 Cost Recovery from Beneficiaries

3.7.1 To enhance sustainability of the LGU's resettlement program, project costs shall be recoverable from project beneficiaries under terms and conditions prescribed by the LGU.

3.7.2 Proceeds of cost recovery shall be placed under a Resettlement Program Fund to be administered by the Local Housing Board or its counterpart and placed under the custody of the LGU Treasurer.

The funds shall be used exclusively for the acquisition and/or development of other resettlement projects.

IV. PROJECT IMPLEMENTATION GUIDELINES

4.1 Mode of Implementation of Development/Construction Works:

4.1.1 As a general rule, NHA shall undertake the physical development/construction works covered by its assistance. CaSAcH

4.1.2 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 per certification of the concerned Regional and District Managers.

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.

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

4.2.1 NHA shall initiate the downloading of funds to the LGU if the LGU has already passed the first level evaluation and has submitted the documentary requirements as listed under item 3.5 of the second level evaluation. SaIEcA

4.2.2 Further, NHA shall download the total amount of its contribution in two tranches:

 

For Full Grant:	First Tranche	:	P15 M
	Second Tranche	:	P10 M
For Half Loan-Half Grant:	First Tranche	:	P25 M
	Second Tranche	:	P25 M

 

 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.

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

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 its local Commission on Audit.

4.2.3 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.

4.2.4 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.

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

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

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

4.3 Coverage of Fund Contribution

4.3.1 The fund contribution may be utilized for the following components:

a. Land Development;

b. Housing Construction; or

c. Land Development and Housing Construction.

4.3.2 The Scope of Land Development is as follows:

a. Land surveys and individual lot titling;

b. Earthworks;

c. Roadworks;

d. Drainage and sewerage system: Separate drainage line for storm water and sanitary sewer line and inclusion of Anaerobic Baffled Reactor (ABR) for sewage treatment; DEIHAa

e. Water distribution system or communal water facilities; and

f. Distribution system for power supply (distribution lines, electrical poles, transformers, etc.) with provision of solar street lights.

4.4 Development Standards and Parameters

4.4.1 To serve as guide to the LGUs and operating units, the development standards and parameters for land development and housing construction for a rowhouse housing model is attached as ANNEX A. The adjusted costs have factored in the increase in cost of materials, improved designs to consider needs of women and children such as partitions for rooms, increased floor area and provision of solar powered street lights.

4.4.2 The program shall allow for flexibility in the design for both land development and housing construction provided that the proposed design will not be lower than the prescribed minimum standards, are within the approved costs for the program and does not fall below the minimum number of target units to be developed per identified component of fund assistance. SDTIaE

 

Unit cost/No. of units by Fund Contribution	Land Development only 3	Housing Construction only 4	Land Development and Housing Construction
Range of Unit costs (Min. and Max.)	P81,200-P93,800	P315,200 to P406,200	P396,400 to P500,000
Minimum No. of units by Fund Contribution
P25 Million	267-307	62-79	50-63
P50 Million	533-615	123-158	100-126

 

4.4.3 For other project components funded by LGU or other participating entities prescribed standards may be modified provided that LGUs comply with the minimum standards pursuant to BP220.

4.4.4 The cost parameters shall be assessed and updated on an annual basis, as needed. DcHSEa

V. AVAILMENT PROCESS AND REQUIREMENTS

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

VI. PROJECT COORDINATION, MONITORING AND ACCEPTANCE

6.1 To ensure adequate consultation and participation in project implementation and monitoring, a Local Inter-Agency Committee (LIAC) shall be created to be headed by the LGU, with representatives of the NHA, PCUP, the Community Association concerned as members, and other government agencies and participating institutions, as deemed appropriate.

6.2 The LIAC shall serve as venue for coordination, information, consultation, and resolution of issues regarding the project. It shall also serve as a mechanism for monitoring the progress of project implementation.

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. AacCIT

6.3 The implementation of development works shall be monitored on a monthly basis by the NHA and LGU Project Implementation Team in accordance with the agreed project implementation schedule.

For the Physical Development Component:

NHA as implementor of the development works

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

6.3.2 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) to include Report of Disbursements duly audited by the local COA and recommend acceptance of the completed development work by the LGU. 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

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

6.3.4 Within thirty (30) days from the completion of all development/physical works, the LGU 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. CTHaSD

6.4 After completion and acceptance of the development works, the LIAC or LHB shall continue monitoring the other project components:

6.4.1 Beneficiary selection;

6.4.2 Construction of community facilities, if any;

6.4.3 Relocation of families;

6.4.4 Disposition of housing units; and

6.4.5 Post-relocation programs:

a. Community development and support programs.

b. Operation and maintenance of community facilities.

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

VII. ROLES AND RESPONSIBILITIES

7.1 The LOCAL GOVERNMENT UNIT, shall:

7.1.1 Make available the land for the project subject to the requirements as indicated in section 3.5 hereof. TIEHSA

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

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

7.1.4 Provide funds and undertake implementation of other components not covered by NHA assistance or contribution of other participating institutions to be supported by a Certification of Fund Allocation by the LGU Treasurer.

7.1.5 Pass a Sangguniang Resolution:

a. Approving the use of the LGU property as housing site for the identified qualified beneficiaries;

b. Authorizing the Mayor/Governor to enter into and sign a MOA with NHA and other development partners, as necessary, for the development of the project; TacSAE

c. Authorizing the Mayor/Governor to secure a loan from NHA and sign the contract of loan and authorizing the yearly appropriation in the LGU budget for payment of the loan component, as appropriate;

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

e. 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;

f. Authorizing the Mayor/Governor to sign the Deed of Donation and Acceptance for turnover of completed development works; and

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

7.1.6 Create a Project Implementation Team responsible for overall project operation and management.

7.1.7 Create and convene the Local Interagency Committee (LIAC) for the project. The Mayor/Governor shall head the LIAC with NHA as co-chair.

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

7.1.9 Submit all monitoring and project completion reports as required.

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

7.1.11 In case a loan is secured from NHA, undertake timely loan repayments to NHA pursuant to the agreed loan terms and conditions stated in this circular which is likewise stipulated in the MOA and contract of loan.

7.1.12 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 areas or sites. SDHacT

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

7.1.14 Without need of demand, return the total fund contribution to NHA should it fail to complete the development works within the prescribed period and failure to award the said units to the target beneficiaries.

7.2 The NHA, shall:

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

7.2.2 Download the funds to the LGU if project shall be LGU administered according to the conditions prescribed under section 4.2 hereof.

7.2.3 For specific project components which shall be implemented by NHA, secure all permits and clearances necessary for the implementation of the said component. EDATSI

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

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

7.2.6 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, estate management and community development.

7.2.7 Turnover completed development undertaken to the LGU through a Deed of Donation and Acceptance.

7.2.8 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.

VIII. OTHER ARRANGEMENTS FOR PROJECT IMPLEMENTATION

All other arrangements with LGUs not covered by this Circular shall be separately presented for the approval of the NHA General Manager. ACETID

IX. PROJECT DISENGAGEMENT

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

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.

X. 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.

XI. EFFECTIVITY

This Circular shall take effect immediately and shall supersede Memorandum Circular No. 2427 dated 26 April 2012. TaDSCA

(SGD.) MARCELINO P. ESCALADA, JR.General Manager

ANNEX A

Minimum Design Standards and Parameters1

LAND DEVELOPMENT

• Max Saleable Area: 60% of total land area

• Model Lot Size: 40 sqm for rowhouse

• Concrete Road Pavement including sidewalk, footpath, alley and parking areas with provision of planting strips and greening SDHCac

• Parking Slots (1 slot for every 8 saleable lot)

• With provision of Pedestrian Crossing

• Accessibility for PWD

— Dropped Curbs

— Walkways (min. width of 1.20m)

— Parking for PWD (1 slot for every 8 parking slots)

• Separate drainage line for Storm Water and Sanitary Sewer Line

— RCP Storm Drainage (min. 450mmØ)

— PVC Sewer Line (min. 150mmØ)

• uPVC Water Distribution Line (min. 50mmØ)

• Inclusion of Distribution System for Power Supply (distribution lines, electrical poles, transformers and etc.) with provision of Solar Streetlights (max pole to pole distance of 20m)

• Inclusion of Anaerobic Baffled Reactor (ABR) for sewage treatment

HOUSING CONSTRUCTION

• One-Storey Rowhouse Model

• Floor Area:

— 26 sqm

— 33 sqm with loft

• Disaster Resilient Reinforced Concrete Structural Components

— Concrete: 3000 Psi (21 MPa)

— Steel Reinforcement:

• For 16mmØ; fy = 415 MPa (Grade 60)

• For 12mmØ and smaller; fy = 275 MPa (Grade 40)

— Masonry: 150mm thk CHB Firewall

— Roofing: 0.5mm thk Rib-type GI Sheet Roofing (0.551 mm thk pre-painted) on 150 x 65 x 20 x 2mm LC Purlins

• Architectural Finishes

— Plastered plain cement finish on Interior Walls

— Plastered and painted finish on Exterior Walls

— Tiled T&B Flooring with one (1) layer of wall tiles

— Solid Wood Main Door

— PVC with Louvers Toilet Door

— Hollow Core with Kickplate on Push side Toilet Door for PWD

— Glass Jalousie on Aluminum Frame

• Plumbing

— uPVC Water Line pipes and PVC Sanitary and Drainage Line Pipes

— PVC Gutter with 100mmØ Down Spout to Catch Basin

— Individual Purifying Polyethylene Septic Tank (PPST)

• Electrical

— THHN Type Conductors

— Rigid Non-Metallic Conduit

RESETTLEMENT ASSISTANCE PROGRAM TO LGUs ASSUMPTIONS FOR HOUSING MODELS

A. USING 33 SQM ROWHOUSE WITH LOFT

 

Amount of Assistance	For all municipalities, 5th and 6th class cities and provinces	For 1st to 4th class cities and provinces
	P25 Million	P50 Million
LAND DEVELOPMENT  Cost per lot [Php2,030/sqm]  Generated Lots  Probable area for development	P81,200.00 307 lots 2.05 ha.	P81,200.00 615 lots 4.1 ha.
HOUSING CONSTRUCTION  Cost per unit  Generated units	P365,700.00 68 units	P365,700.00 136 units
HOUSE AND LOT  Cost per unit  Generated units	P446,900.00 55 units	P446,900.00 111 units

 

B. USING 26 SQM ROWHOUSE

 

Amount of Assistance	For all municipalities, 5th and 6th class cities and provinces	For 1st to 4th class cities and provinces
	P25 Million	P50 Million
LAND DEVELOPMENT  Cost per lot [Php2,030/sqm]  Generated Lots  Probable area for development	P81,200.00 307 lots 2.05 ha.	P81,200.00 615 lots 4.1 ha.
HOUSING CONSTRUCTION  Cost per unit  Generated units	P315,200.00 79 units	P315,200.00 158 units
HOUSE AND LOT  Cost per unit  Generated units	P396,400.00 63 units	P396,400.00 126 units

 

ANNEX B

Availment Process and Requirements: Resettlement Assistance Program for LGUs

 

STEP	REQUIREMENTS	RESPONSIBLE ENTITY
1. SUBMISSION OF LETTER-REQUEST AND SUPPORTING DOCUMENTS TO NHA	a. Letter-request for resettlement assistance under the Program indicating area and location of land offered for resettlement b. Land Documents i. Clean Title in the name of LGU (RD-certify copy) ii. 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; and — Certification that LGU has posted a bond to answer any eventualities from other legal claims on the subject property. iii. Free from lien and encumbrances iv. If public land covered by a Presidential Proclamation, a certification/clearance from DENR that proclaimed land has no private claimants v. Zoning Clearance/Land Use Classification (MPDO Clearance) vi. Land Conversion Clearance, if applicable   c. Technical Data — Location Plan/Vicinity Map — Boundary survey — Document on access road/R-O-W — Document on drainage R-O-W	LGU
2. SITE EVALUATION	a. Site Evaluation Report (with photo documentation) b. If no identified source of power and water: Certification on provision of power and water to site by concerned utility companies/entities  (Note: Site may be changed base on evaluation results)	NHA District Office LGU
3. IF LAND HAS PASSED CRITERIA, SUBMISSION OF REQUIRED DOCUMENTS	a. Project Proposal b. List of beneficiaries and basis for relocation and resettlement c. Certification from HLURB that LGU has an approved updated CLUP or with pending application for review, whichever is applicable. d. Certification from the LGU that it has an approved Local Shelter Plan e. Certification that required community facilities are available/or are made to be available once project is approved, if applicable f. NHA certification of satisfactory performance of LGU in previous housing projects with NHA, if applicable g. NHA certification of updated loan payments of LGU with NHA	LGU         NHA District Office     LGU/District Office
4. ENDORSEMENT OF LGU REQUEST/PROPOSAL FOR APPROVAL OF THE NHA REGIONAL MANAGER	a. Copy of LG letter-request b. Memo-endorsement with Project Summary and Site Evaluation Report and all documents UNDER NO. 3	NHA District Office NHA Regional Office
5. APPROVAL OF LGU REQUEST		NHA Regional Office
6. PROJECT PACKAGING	a. Topographic map b. Lot Plan with vicinity map c. Project Pre-feasibility or Feasibility Study d. Detailed engineering and architectural plans, designs, cost estimates and work schedule	LGU with assistance of NHA District Office
7. PROJECT ENDORSEMENT TO REGIONAL OFFICE	All documents including the following: a. Memo-endorsement to Regional Office b. Draft Memorandum of Agreement (MOA) c. Sanggunian Resolution • Approving the use of the LGU property as housing site for the identified qualified beneficiaries • Authorizing the Mayor/Governor to enter into and sign a MOA with NHA for the development of the project • Authorizing the Mayor/Governor to secure a loan from NHA and sign the contract of loan and authorizing the yearly appropriations in the LGU budget for payment of the loan component, (if with loan component) • Designating a permanent Project Implementation Team for the project • Providing funds and implementing 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 • Authorizing the Mayor/Governor to sign the Deed of Donation • and Acceptance for turnover of completed development Works; and • 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. d. Certificate of Net Borrowing Capacity issued by the Bureau of Local Government Finance (BLGF), 1 if with loan component	NHA District Office       LGU                         LGU
8. REVIEW OF DRAFT MOA, PROJECT EVALUATION AND PROJECT APPROVAL	a. Final MOA b. All required documents under items 1 to 6	NHA Regional Office
9. SIGNING OF MOA 2		LGU Mayor/Governor and the NHA Regional Manager

 

Template for Grant

MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Agreement made and entered into this ___ day of ____ 201_, by and between:

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",

-and-

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 Municipality Mayor, _____________, and hereinafter referred to as the "MUNICIPALITY". EADSIa

WITNESSETH: That —

WHEREAS, it is the declared policy of the state to provide the people with adequate and decent housing facilities and to encourage various stakeholders to participate in the housing program of the government;

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 and marginal families;

WHEREAS, pursuant to the Local Government Code (RA 7160) 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, pursuant to Board Resolution No. ________ dated ________ and Memorandum Circular (MC) No. _____ dated ______ "Updated Guidelines for the Implementation of the Resettlement Assistance Program for Local Government Units (RAP-LGU)," the NHA shall provide financial and technical assistance to local government units in the development of housing sites for informal settler families requiring relocation and resettlement;

WHEREAS, pursuant to MC No. _______, funds may be utilized for land development and/or housing construction of raw land or completion/repair of partial site development; SETAcC

WHEREAS, the Municipal Mayor of __________ (_____ class Municipality), in a letter dated _________, expressed his desire to avail of the Resettlement Assistance Program of NHA and offered the use of their (land area and location);

WHEREAS, the Sangguniang Bayan Resolution No. _____ dated ___ declared and authorized the use of the acquired properties of the Municipality Government of __________ identified as _________ (TCT No.) containing an area of ______ (sq.m.) as the resettlement/relocation site for informal settlers;

WHEREAS, the Sangguniang Bayan Resolution No. __________ dated _______ authorized the Honorable Municipal Mayor ____________ to enter into a Memorandum of Agreement with the National Housing Authority regarding the land development and/or housing construction of the identified resettlement site in ____________ (location);

WHEREAS, in its 201_ Work Program and Budget, the NHA has approved the grant of financial assistance to the MUNICIPALITY for the development of _________ (project name) with an allocation of P____________ (amount) Philippine currency under the NHA's Resettlement Assistance Program for Local Government Units (RAP-LGU);

WHEREAS, considering the capability and track record of the MUNICIPALITY and its commitment to fund permits, clearances and licenses needed for the proposed land development of the resettlement project, the NHA has agreed to the request of MUNICIPALITY to undertake the land development works and/or housing construction by administration. SEDICa

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 MUNICIPALITY covered by _________ (TCT No.) located in ________ (location) to be known as _______ (project name) for a total land development and/or housing construction cost of P__________ (amount).

1.2 The Project development shall include _______ (scope of project). Under construction of housing units when completed, the project shall generate _______ developed lots/house with an average area of _______.

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

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. ITCcAD

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 primarily intended to provide housing assistance to families residing in danger areas, those affected by the infrastructure projects of the MUNICIPALITY, those with Court Orders for eviction and other urban poor families who qualify for relocation and resettlement assistance under RA 7279. Should the number of lots to be generated be inadequate to service current requirements, prioritization of awards shall be mutually agreed by both PARTIES.

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 Socialized Housing as prescribed under Article IV, Section 1A of Republic Act No. 7279 and to such other terms and conditions as may be prescribed by Sangguniang Bayan of ____________. TIEHSA

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 both PARTIES. The NHA shall provide the amount of __________ (P__), to cover the estimated cost for land development and/or 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/or construction of housing units of the PROJECT.

3.2 The NHA shall release the amount in two tranches:

 

First Tranche	:	P15 M
Second Tranche	:	P10 M

 

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

a. Perfection of MOA; and

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

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 accounts 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). ADTEaI

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

ARTICLE IV — ROLES AND RESPONSIBILITIES

4.1 The MUNICIPALITY shall:

4.1.1 Provide the parcel of land 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.

4.1.2 Secure, comply and submit to NHA at the MUNICIPALITY's expense all the legal and technical data, and the required documents showing its readiness to undertake the PROJECT development (see Annex ___).

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

4.1.4 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. EHACcT

4.1.5 Pass a Sangguniang Resolution:

a. Approving the use of the MUNICIPALITY property as housing site for the identified qualified beneficiaries;

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

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

d. 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;

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

f. 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. acADIT

4.1.6 Undertake beneficiary selection and ensure titling of individual lots covering the entire project.

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

4.1.8 Create and convene the Local Inter-Agency Committee (LIAC) to be headed by the LGU, with representatives of NHA, Presidential Commission on Urban Poor (PCUP), the community associations concerned as members, and other government agencies and participating institutions, as deemed appropriate, to ensure adequate consultation and participation in project implementation and monitoring.

4.1.9 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. EacHCD

4.1.10 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.

4.1.11 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.

4.1.12 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.

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

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

4.1.15 After completion of the project, maintain the land development works in good condition at the MUNICIPALITY's expense. DaCTcA

4.1.16 Remit to the NHA any unutilized funds released for the Project.

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

4.1.18 Network with NGOs, POs and GOs for the provision of livelihood opportunities in the project.

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

4.2 The NHA shall:

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

4.2.2 If LGU administered, allocate and release the amount of P_________, in two tranches as its contribution for the land development and/or housing construction of the MUNICIPALITY property pursuant to its approved Work Program and Corporate Operating Budget for FY _______.

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

4.2.4 For specific project components which shall be implemented by NHA, secure all permits and clearances necessary for the implementation of the said component.

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

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

4.2.7 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.

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

4.2.9 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. A separate group/unit from the NHA shall be designated for this purpose.

4.2.10 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. ACIEaH

4.2.11 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. SAHITC

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

Signed in the Presence of:

_____________________ Witness

____________________ Witness

 

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

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. cDCSET

The foregoing instrument refers to the Memorandum of Agreement and consisting of nine (9) 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 ______.

Template for Half Loan-Half Grant

MEMORANDUM OF AGREEMENT(Location/Address)

KNOW ALL MEN BY THESE PRESENTS:

This Agreement made and entered into this _____ day of ____ 201__, by and between: TAcSaC

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",

-and-

The CITY 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 City Mayor, ________________, and hereinafter referred to as the "CITY".

WITNESSETH: That —

WHEREAS, it is the declared policy of the state to provide the people with adequate and decent housing facilities and to encourage various stakeholders to participate in the housing program of the government;

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 and marginal families; IAcDET

WHEREAS, pursuant to the Local Government Code (RA 7160) 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, pursuant to Board Resolution No. ____ dated ______ and Memorandum Circular (MC) No. ____ dated ________ "Updated Guidelines for the Implementation of the Resettlement Assistance Program for Local Government Units (RAP-LGU)," the NHA shall provide financial and technical assistance to local government units in the development of housing sites for informal settler families requiring relocation and resettlement;

WHEREAS, pursuant to MC No. _______, funds may be utilized for land development and/or housing construction of raw land or completion/repair of partial site development;

WHEREAS, the City Mayor of _________ (_______ class City), in a letter dated _______, expressed his desire to avail of the Resettlement Assistance Program of NHA and offered the use of their ________________ (land area and location);

WHEREAS, the Sangguniang Panlungsod Resolution No. ____ dated ______ declared and authorized the use of the acquired properties of the City Government of ___________ identified as ________ (TCT No.) containing an area of _____ (sq.m.) as the resettlement/relocation site for informal settlers;

WHEREAS, the Sangguniang Panlungsod Resolution No. ____ dated _______ authorized the Honorable City Mayor ________ to enter into a Memorandum of Agreement with the National Housing Authority regarding the land development and/or housing construction of the identified resettlement site in _________ (location);

WHEREAS, in its 201_ Work Program and Budget, the NHA has approved the grant of financial assistance to the CITY for the development of __________ (project name) with an allocation of P_______ (amount), Philippine currency under the NHA's Resettlement Assistance Program for Local Government Units (RAP-LGU);

WHEREAS, considering the capability and track record of the CITY and its commitment to fund permits, clearances and licenses needed for the proposed land development of the resettlement project, the NHA has agreed to the request of the CITY to undertake the land development works and/or housing construction by administration.

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: TSHEIc

ARTICLE I

THE PROJECT

1.1 The Project shall cover the development of ______ (sq.m.) owned by the CITY covered by __________ (TCT No.) located in ________ (location) to be known as _____ (project name) for a total land development and/or housing construction cost of P________ (amount).

1.2 The Project development shall include _____________ (scope of project). Under construction of housing units when completed, the project shall generate ____ developed lots/house with an average area of _____.

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

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. CIETDc

ARTICLE II

PROJECT BENEFICIARIES

2.1 The Project is primarily intended to provide housing assistance to families residing in danger areas, those affected by the infrastructure projects of the CITY, those with Court Orders for eviction and other urban poor families who qualify for relocation and resettlement assistance under RA 7279. Should the number of lots to be generated be inadequate to service current requirements, prioritization of awards shall be mutually agreed by both PARTIES.

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 Panlungsod of the CITY ___________.

2.3 Disposition of homelots shall be subjected to restrictions in the disposition of lands for Socialized Housing as prescribed under Article IV, Section 1A of Republic Act No. 7279 and to such other terms and conditions as may be prescribed by the Sangguniang Panlungsod 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 Panlungsod of the CITY _________. aSIHcT

ARTICLE III — PROJECT FINANCING AND COST RECOVERY

3.1 The Project shall be jointly funded by both PARTIES. The NHA shall provide the amount of __________ (P________), to cover the estimated cost for land development and/or housing construction to include _______ (scope of works) and the CITY shall provide the land and funds in excess of the amount allocated by NHA for land development and/or construction of housing units of the PROJECT.

3.2 The NHA shall release the amount in two tranches:

 

First Tranche	:	P25 M
Second Tranche	:	P25 M

 

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

a. Perfection of MOA; and

b. Certification from the CITY depository bank that a Trust Fund was created in the name of the Project and which is under the custody of CITY Treasurer. HSCcTD

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; and

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

The CITY loan amounting to P________ shall be subject to repayment in yearly equal payments or as mutually agreed by the PARTIES for a period of _______ years, interest free, in accordance with the Schedule of Remittances, herein attached as Annex __ and made an integral part hereto, to commence one (1) year after the issuance of a certification by NHA that the project is completed.

3.3 Failure on the part of the CITY to settle the scheduled annual amortization when due, the 50% loan shall be subject to delinquency interest in accordance with the existing policies of the NHA. Unless loan is updated, the CITY will not be entitled to repeat assistance.

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

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

3.6 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 CITY. The Sangguniang Panlungsod shall determine the manner of disbursement. (if applicable).

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

ARTICLE IV — ROLES AND RESPONSIBILITIES

4.1 The CITY shall:

4.1.1 Provide the parcel of land with an area of _______, owned by the CITY covered by ___________ (TCT No.) issued by the Registry of Deeds of _____ as the CITY's contribution to the resettlement program of NHA.

4.1.2 Secure, comply and submit to NHA at the CITY's expense all the legal and technical data, and the required documents showing its readiness to undertake the PROJECT development (see Annex _____). cSTHAC

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

4.1.4 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 loan.

4.1.5 Pass a Sangguniang Resolution:

a. Approving the use of the CITY property as housing site for the identified qualified beneficiaries;

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

c. Authorizing the Mayor/Governor to secure a loan from NHA and sign the contract of loan and authorizing the yearly appropriations in the CITY budget for payment of the loan component (if with loan component); IASTDE

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

e. 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;

f. Authorizing the Mayor/Governor to sign the Deed of Donation andAcceptance for turnover of completed development Works; and

g. Authorizing the CITY 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.

4.1.6 Execute a duly notarized Contract of loan, guaranteeing payment of its loan to the NHA in accordance with the approved Schedule of Remittances without a need of any notice of demand from NHA.

4.1.7 Undertake beneficiary selection and ensure titling of individual lots covering the entire project. AcSCaI

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

4.1.9 Create and convene the Local Inter-Agency Committee (LIAC) to be headed by the LGU, and with representatives of the NHA, Presidential Commission on Urban Poor (PCUP), the Community Associations concerned as members, and other government agencies and participating institutions, as deemed appropriate, to ensure adequate consultation and participation in project implementation and monitoring.

4.1.10 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 CITY 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.

4.1.11 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. AECIaD

4.1.12 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.

4.1.13 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.

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

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

4.1.16 After completion of the project, maintain the land development works in good condition at the CITY's expense.

4.1.17 Remit to the NHA any unutilized funds released for the Project; SCEHaD

4.1.18 Pay NHA the monthly/quarterly/yearly amortization amounting to P________ for its non-interest bearing loan to commence on ______.

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

4.1.20 Network with NGOs, POs and GOs for the provision of livelihood opportunities in the project.

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

4.2 The NHA shall:

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

4.2.2 If LGU administered, allocate and release the amount of P________, in two tranches as its contribution for the land development and/or housing construction of the CITY property pursuant to its approved Work Program and Corporate Operating Budget for FY ____. IASEca

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

4.2.4 For specific project components which shall be implemented by NHA, secure all permits and clearances necessary for the implementation of the said component.

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

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

4.2.7 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.

4.2.8 Turnover completed development undertaken to the CITY through a Deed of Donation and Acceptance.

4.2.9 As member of the Local Inter-Agency Committee (LIAC), 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.

4.2.10 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.

4.2.11 Cause the CITY to return the total fund contribution to NHA should the CITY fail to complete the development works within the prescribed period and failure to 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

CITY GOVERNMENT OF _____________________________ By: _______________________ Mayor

Signed in the Presence of:

____________________ Witness

___________________ Witness

 

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

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. Provision covered under Memo Circular No. 2427-A dated 08 October 2012.

2. As mandated under Section 123 of RA 7653, a certification to be issued by Bureau of Local Government Finance (BLGF) is required on the monetary and balance of payment implication of the proposed domestic borrowing of an LGU. The documentary requirements for LGU to submit is listed under DOF Department Order No. 054-2016 n dated 25 October 2016 on Streamlining the Certification of Net Debt Service Ceiling and Borrowing Capacity of Local Government Units.

3. Based on a 40 sqm lot area.

4. Based on 2 rowhouse models: 33 sqm rowhouse with loft and 26 sqm area.

ANNEX A

1. Source: Housing Technology and Technical Research Department, NHA, August 2018.

ANNEX B

1. As mandated under Section 123 of RA 7653, a certification to be issued by Bureau of Local Government Finance (BLGF) is required on the monetary and balance of payment implication of the proposed domestic borrowing of an LGU. The documentary requirements for LGU to submit is listed under DOF Department Order No. 054-2016 n dated 25 October 2016 on Streamlining the Certification of Net Debt Service Ceiling and Borrowing Capacity of Local Government Units.

2. Prior to signing of MOA RAP-LGU Project shall be presented to the NHA Board for confirmation.

 

n Note from the Publisher: Written as "DOF Department Order No. 054.3016" in the original document.