A RESOLUTION AUTHORIZING THE CITY MAYOR, HON. ALLAN L. RELLON, DPA,PhD, TO ENTER INTO AND SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF TAGUM THE MEMORANDUM OF AGREEMENT WITH THE PHILIPPINE ARMY – 10TH INFANTRY (AGILA) DIVISION, PHILIPPINE ARMY FOR THE SERVICES OF THE CITIZEN ARMED FORCES GEOGRAPHICAL UNIT ACTIVE AUXILIARY COMPANY II.

Republic of the Philippines
Province of Davao del Norte
CITY OF TAGUM

 

BEFORE THE 7th CITY COUNCIL

 

EXCERPT FROM THE MINUTES OF THE 61st  REGULAR SESSION OF THE 7th CITY COUNCIL OF TAGUM, PROVINCE OF DAVAO DEL NORTE HELD ON SEPTEMBER 12, 2017 AT THE SP SESSION HALL.

PRESENT:
Hon. GETERITO T. GEMENTIZA, MDMG,             City Vice Mayor           (Presiding Officer)
Hon. EVA LORRAINE E. ESTABILLO,                   Member
Hon. AGRIPINO G. COQUILLA, JR., CE,           Member
Hon. MACARIO A. BERMUDEZ, II,                     Member
Hon. RONALD S. ELIOT,                                                Member
Hon. JAN DMITRI S. SATOR,                              Member
Hon. REY CYRIL T. ALBA                                   Member
Hon. TRISTAN ROYCE R. AALA, MDMG,           Member
Hon. ESTER L. ANGOY,                                     Member
Hon. JOEDEL T. CAASI, MDMG,                       Member
Hon. PROSPERO E. ESTABILLO, JR.,                   Member                       (ABC Representative)
Hon. DAMIANO L. CIPRO,                               Member                       (IP Representative)
ON SICK LEAVE:
Hon. ROBERT L. SO,                                          Member

 

RESOLUTION NO. 681, s-2017

 

A RESOLUTION AUTHORIZING THE CITY MAYOR, HON. ALLAN L. RELLON, DPA,PhD, TO ENTER INTO AND SIGN FOR AND IN BEHALF OF THE CITY GOVERNMENT OF TAGUM THE MEMORANDUM OF AGREEMENT WITH THE PHILIPPINE ARMY – 10TH INFANTRY (AGILA) DIVISION, PHILIPPINE ARMY FOR THE SERVICES OF THE CITIZEN ARMED FORCES GEOGRAPHICAL UNIT ACTIVE AUXILIARY COMPANY II.
WHEREAS, Tagum City being strategically located in the intersection of three major road network systems – the Philippine – Japan Friendship Highway which links Davao del Sur and Davao City to the Province of Agusan, the Davao – Mati Road which connects Davao Oriental to the Province of Surigao and the Tagum – Kapalong Road which opens access to the Davao – Bukidnon Highway, connecting Tagum City to the major destinations in the Region and the different provinces, cities and municipalities in Mindanao;

WHEREAS, Tagum City is now considered a significant trading and commercial hub and preferred venue of local and national events given its geographical location, its facilities, investor friendliness and its capability to host being accorded for meetings, investment conventions and events (MICE) by the department of tourism;

WHEREAS, in order to maintain the gains achieved by the city as a premier component City of Davao del Norte, the peace and order as one among the attributes of development must not be compromise and shall be given utmost concern and attention including support for its budgetary requirement;

WHEREAS, it is imperative to strengthen peace and security in maintaining economic development , social order and political stability and shall device a means in coordinating with the Philippine Army, to all law enforcement agencies and even to Force Multipliers to maintain orderliness of the city;

WHEREAS, the Philippine Army – 10th Infantry (Agila) Division, Philippine Army readily as the lead agency to activate the minimum of forty four (44) Citizen Armed Forces Geographical Unit Active Auxiliary to augment the present peace and security forces in partnership with the Philippine National Police, Force Multipliers, Barangay Tanods, Peace Keepers and Lupong Tagapamayapa;

 

NOW THEREFORE, be it resolved by the Sangguniang Panlungsod of Tagum to authorize the City Mayor, Hon. Allan L. Rellon, DPA, PhD, to enter into and sign for and in behalf of the City Government of Tagum the Memorandum of Agreement with the Philippine Army – 10th Infantry (Agila) Division, Philippine Army for the Services of the Citizen Armed Forces Geographical Unit Active Auxiliary Company II.

 

RESOLVED FURTHER, that the full text of the Memorandum of Agreement (MOA) shall be as follows:

 

RESOLVED FURTHERMORE, that copies of this resolution be furnished to all agencies concern for their guidance and information.

 

MEMORANDUM OF AGREEMENT

 

KNOW ALL MEN BY THIS PRESENTS:

 

This Memorandum of Agreement made and entered into this ______ day of ________ , 2017 in __________________________________________________ by and between;

 

The LOCAL GOVERNMENT OF TAGUM CITY, duly organized and existing under the laws of the Philippines with principal office at J.V. Ayala Avenue, Barangay Apokon, Tagum City represented herein by its City Mayor , Hon. Allan L. Rellon, DPA,PhD, hereafter referred to as the FIRST PARTY;

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The 10th INFANTRY (AGILA) DIVISION, PHILIPPINE ARMY stationed at Camp General Manuel T Yan Sr., Brgy. Tuburan, Mawab, Compostela Valley Province represented herein by Division Commander , MGEN NOEL S. CLEMENT AFP hereinafter referred to as SECOND PARTY.

 

WITNESSTH:

            Whereas, the FIRST PARTY requested the activation of one (1) Citizen Armed Forces Geographical Unit Active Auxiliary Company II (CAAC-II) in Tagum City to secure the City, protect the general public and LGU’s interest relative to the threat posed by the law and order and insurgency problem in the barangay and locality.

 

Whereas, the SECOND PARTY agrees to the request of the FIRST PARTY for the services of the Citizen Armed Forces Geographical Unit Active Auxiliary Company II (CAAC-II) within its territory;

 

Wherefore, the parties bind themselves to the following terms and conditions:

 

I.       GENERAL PROVISIONS:

1.       Both parties agree to the term and conditions set forth in the Tangol Bayan “DELTA” and its amendments and other relevant laws.
2.       Both parties agree that a need for Threat Justification issued by Regional Intelligence Coordinating Committee (RICC) shall be required in all activation and renewal of CAAC-II.
3.       The activation of CAAC-II depends on military exigencies or as “dictated by military necessity.”
4.       The SECOND PARTY reserves the right to recommend termination of the CAA-II services when the security situation warrants or in the event of violation of the provisions of the CAA Guidelines and this MOA.
5.       The SECOND PARTY reserves the right to preserve the unit integrity of the CAA-II. The minimum strength in accordance with existing policies shall be maintained in any one location. To this end, the SECOND PARTY reserves the right to increase or decrease the number of CAA-II, as the need arises.
6.       CAA-II should not be primarily utilized for manning checkpoints or the entry and exit gates within the FIRST PARTY’S territory, rather as support elements. The security guards, police officers or army personnel should be the principal actors in such situations particularly in frisking, search and inspection since these are law enforcement functions.
7.       The CAA-II should in no way join any labor union within the FIRST PARTY’S territory to avoid conflict of interest. Should this happen, his CAA-II service shall be terminated.
8.       In all matters, when the conflict arises between the AFP regulation and FIRST PARTY’S rules and regulations the AFP regulation shall always prevail.
9.       All supplies, equipment and other properties of the affected CAAC-II that were procured and provided by the FIRST PARTY shall become part of the AFP property in the event of the non-renewal of contract.

I.              OBLIGATIONS OF THE FIRST PARTY:

1.       The FIRST PARTY shall be required to provide all appointed CAA-II for the following allowances and benefits, including but not limited to:
a.)   Subsistence Allowance at least same as that with a CAA-I;
b.)   Annual issuance of CCIE at least same as that with a CAA-I;
c.)    Combat Incentive Pay in coordination with the FIRST PARTY’S policy;
d.)   Hospitalization/medical care for injuries and sickness incurred in line of duty;
e.)    Life insurance at least same as that with a CAA-I;
f.)      Special Financial Assistance (SFA) as part of the FIRST PARTYS policy;
g.)   Scholarship Program for dependants as part of the FIRST PARTY’S policy;
h.)    Philhealth in coordination with the FIRST PARTY;
i.)      PAG IBIG Membership and Monthly Contributions;
j.)      Social Security System (SSS) Membership and Monthly Contributions;
k.)    Separation Gratuity; and
l.)      Death benefits at least same as that with a CAA-I.

2.       The FIRST PARTY shall be responsible for any claim arising from personal injury, damages or death caused by or to any of the CAA-II when such injury or death is incurred in the course of lawful performance of duty.
3.        The FIRST PARTY shall provide complete uniform and equipment (CCIE) to the CAA-II.
4.       The FIRST PARTY must not, for all intents and purposes, employ CAA-II in the pursuit of any personal, political, economic, or any motive to wield power and influence.
5.       FIRST PARTY must shoulder the necessary expenses for the purchase of ammunitions during the training and actual deployment.

 

III.              OBLIGATIONS OF THE SECOND PARTY:

 

1.       The SECOND PARTY shall provide CAAC-II to the FIRST PARTY anchored primarily on the protection of life and property within the jurisdiction of Local Government of Tagum City.

2.       The SECOND PARTY , in consultation with the Peace and Order Council (POC) of the Local Government of Tagum City shall screen volunteers of CAAC-II based on the qualifications standards as prescribed in an appropriate AFP regulation.

3.       The SECOND PARTY must ensure that appointed members for CAAC-II must possess the following qualifications:

a.)   Natural – born Filipino Citizen
b.)   Volunteer reservist
c.)    Preferably belonging to the First Category Reserve / Age profile (18-35 years old)
d.)   Not more than 51years old
e.)    Bona fide resident of the community
f.)      Physically and mentally fit for combat duty
g.)   Good moral character
h.)    No criminal record
i.)      Nominated by the Barangay Peace and Order Council and/or Municipal Peace and Order Council through a resolution

4.       The Infantry Division Commander shall initiate the recommendation to the Unified Command Commander.
5.       The SECOND PARTY shall provide firearms to the CAA-II during the conduct of the training up to their actual deployment.
6.       The SECOND PARTY and/or its authorized representative shall exercise direct control and supervision over the CAAC-II assigned within its territory in accordance with the rules and regulations promulgated by the AFP.
7.       In the event of imminent or actual attack within the territory of the FIRST PARTY by insurgents and lawless elements, the SECOND PARTY shall have the authority to muster the other CAAC-II under its operational control to secure the FIRST PARTY.

 

II.            EFFECTIVITY:

This agreement shall be valid between the parties, their successor – in – interest and their assignors, and shall take effect upon approval hereof and remain in force for one (1) year unless sooner terminated upon mutual consent of the parties or any violation of the provisions hereof upon prior written notice.

Three (3) months prior to the expiration of this MOA, the FIRST PARTY should signify its intent of renewal provided that the required justification by the RICC is validated and updated,

Further, upon the approval of this MOA, all succeeding contracts signed by the contracting parties emanating therefrom or for its further implementation shall be considered effective and valid.

-over-

 

IN WITNESS WHEREOF, the parties hereby affixed their signatures on this _______ day of ____________ , 2017 at __________________________________________________.

 

 

LOCAL GOVERNMENT                                               10TH INFANTRY (AGILA) DIVISION,
OF TAGUM CITY                                                            PHILIPPINE ARMY, AFP
(FIRST PARTY)                                                                (SECOND PARTY)
By:                                                                                             By:

 

ALLAN L. RELLON, DPA, PhD                                         MGEN NOEL S. CLEMENT AFP
City Mayor                                                                                      Commander, 10ID, PA

 

SIGNED IN THE PRESENCE OF:

 

COL ERWIN BERNARD L NERI, INF (GSC) PA                 PS/SUPT LAUDEMER M. LAUDE
1001st Brigade Commander                                                                  Chief of Police, Tagum City

 

LTC NASSER P LIDASAN GSC (INF) PA                          LTC LUCIANO M CAIMAN INF (GSC) PA
AC of S for Operations G3, 10ID, PA                                                Commander, 72IB (CAFGU), 10ID , PA

 

 

Noted by:

 

GENERAL EDUARDO M ANO AFP
Chief of Staff, Armed Forces of the Philippines

Approved by:

 

DELFIN N. LORENZANA
Secretary, Department of National Defense

 

ACKNOWLEDGMENT

 

REPUBLIC OF THE PHILIPPINES   )

_________________________    ) ss.

 

BEFORE ME , a notary public for and in _________________________________________ on this day of ______________ , 2017 , personally appeared the following:

 

Name                                                  Proof of Identity                      Details

 

ALLAN L. RELLON, DPA, PhD                             ________________________________

 

Known to me and to me known to be the same persons who executed the foregoing instrument and they acknowledged to me that the same is their free and voluntary act and deed and that of the Local Government and agency herein represented.

 

WITNESS MY HAND AND NOTARIAL SEAL, on the date and place first above – written.

Doc. No. _____;

Page No. ____ ;

Book No. ____ ;

Series of 2017.

CARRIED AND APPROVED.

I HEREBY CERTIFY to the correctness of the foregoing.

 

REY A. BUHION
                                                                                                            Secretary to the Sanggunian

 

 

ATTESTED AND CERTIFIED
TO BE DULY ADOPTED:

 

GETERITO T. GEMENTIZA, MDMG
City Vice Mayor
(Presiding Officer)