“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 A MEMORANDUM OF AGREEMENT (MOA) WITH THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT- FIELD OFFICE XI REPRESENTED BY MS. MERCEDITA P. JABAGAT, REGIONAL DIRECTOR, FOR THE PAYAPA AT MASAGANANG PAMAYANAN PROGRAM (PAMANA)”.

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

BEFORE THE 7th CITY COUNCIL

EXCERPT FROM THE MINUTES OF THE 75th REGULAR SESSION OF THE 7th CITY COUNCIL OF TAGUM, PROVINCE OF DAVAO DEL NORTE HELD ON DECEMBER 13, 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. TRISTAN ROYCE R. AALA, MDMG,           Member

Hon. ESTER L. ANGOY,                                     Member

Hon. ROBERT L. SO,                                          Member

Hon. PROSPERO E. ESTABILLO, JR.,                   Member                       (ABC Representative)

ON OFFICIAL BUSINESS:

Hon. RONALD S. ELIOT,            RMP                            Member

Hon. JAN DMITRI S. SATOR,                              Member

Hon. REY CYRIL T. ALBA                                   Member

Hon. JOSE JOEDEL T. CAASI, MDMG,              Member

Hon. DAMIANO L. CIPRO,                               Member                       (IP Representative)

RESOLUTION NO. 843, 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 A MEMORANDUM OF AGREEMENT (MOA) WITH THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT- FIELD OFFICE XI REPRESENTED BY MS. MERCEDITA P. JABAGAT, REGIONAL DIRECTOR, FOR THE PAYAPA AT MASAGANANG PAMAYANAN PROGRAM (PAMANA)”.

 

WHEREAS, in a letter dated July 27, 2017 addressed to the Honorable Members of the Sanggunian through Hon. Geterito T. Gementiza, MDMG, City Vice Mayor, and duly received by the Office of the Secretary to the Sanggunian on July 28, 2017, the City Mayor, Hon. Allan L. Rellon, DPA, PhD, forwarded a draft Memorandum of Agreement (MOA) between the City Government of Tagum and the Department of Social Welfare and Development – Field Office XI for the Payapa at Masaganang Pamayanan Program (PAMANA), accordingly reviewed by the City Legal Officer, for appropriate action;

WHEREAS, the measure was referred to the Joint Committee on Gender Equality and Development, Children and Family Welfare and Social Services and Committee on Laws, Rules and Privileges and conducted a Joint Committee Meeting on August 04, 2017 and on December 12, 2017 at the SP Conference Room attended by invited guests, Ms. Nora H. Lupiba, RSW, City Social Welfare and Development Office Head, and the representatives from the DSWD Field Office XI headed by Ms. Raquel E. Nuñez, PSU Head;

WHEREAS, after due deliberations, the Committee and the invited guests agreed to the content of the Memorandum of Agreement and recommended granting authority to the Local Chief Executive of Tagum City to sign the same;

NOW THEREFORE, BE IT RESOLVED, by the 7th City Council to authorize the City Mayor, Hon. Allan L. Rellon, DPA, Ph.D, to enter into and sign for and in behalf of the City Government of Tagum a Memorandum of Agreement with the Department of Social Welfare and Development – Field Office XI represented by Ms. Mercedita P. Jabagat, Regional Director, for the Payapa at Masaganang Pamayanan Program (PAMANA).

RESOLVED FURTHER, that a copy of this resolution be furnished to all offices concerned for their information and reference;

RESOLVED FURTHERMORE, that the full text of MEMORANDUM OF AGREEMENT shall be read as follows:

 

MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

 

This Memorandum of Agreement made and executed this ___________________, in ______________________________________ by and between:

DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT – FIELD OFFICE XI, a government agency withy office address at R. Magsaysay Avenue, cor. D. Suazo St., Davao City, represented in this act by its OIC REGIONAL DIRECTOR, MERCEDITA P. JABAGAT, herein referred to as the “FIRST PARTY”;

CITY GOVERNMENT OF TAGUM, a local government unit with office address at Apokon, Tagum City, represented in this act by its City Mayor, HONORABLE ALLAN L. RELLON, DPA, PHD, hereinafter referred to as the “SECOND PARTY”.

WITNESSETH;

WHEREAS, under Memorandum of Agreement (MOA) between the Department of Social Welfare and Development (DSWD) and the Office of the Presidential Adviser on Peace Process (OPAPP), the later granted an assistance to the DSWD for the implementation of the PAYAPA AT MASAGANANG PAMAYANAN (PAMANA) programs and projects identified as conflict affected areas (CAAs) by the Armed Forces of the Philippines (AFP);

WHEREAS, the experiences of trafficking in persons and children in armed conflict cited as one of the pressing major concerns in our society nowadays and both have unique needs, strengths and challenges. For Male Children in a situation of armed conflict, they are branded as “Child Warrior or Child Combatant”. It may have different meanings but the elements of human trafficking are present on how the acts, the means and the purpose are exercised.

WHEREAS, the PAMANA Pillar 2 project through the DSWD XI- Protective Services Unit, in coordination with the City Government of Tagum, shall be implemented through the construction of a male Residential Care Facility for Children in Situation of Armed Conflict (CSAC) and Male Victims of Human Trafficking who are recruited to become combatants/warriors or when elements of human trafficking are present;

WHEREAS, the City Government of Tagum, represented by their Local Chief Executive, expressed their interest and commitment to provide one (1) hectare lot for the PAMANA Pillar 2 projects through construction of a male Residential Care Facility for Children in Situation of Armed Conflict (CSAC) and Male Victims of Human Trafficking using a community driven strategy where principles of participation, transparency and accountable governance are to be followed to address the peace building processes in communities that are victimized by illegal recruitment to work as messenger, spies or undercover or emissaries of armed groups affecting mostly boys/males thus, they become combatants or warriors;

WHEREAS, for the past years, there were rescued children in armed conflict communities who were not properly provided with appropriate intervention and services because there is no shelter for male / boys who are victims of trafficking and in situation of armed conflict. Thus, the children were returned to their families after the rescue operation without even assessing the capability of the family and the community if they are ready to take him back. More so, the child is not also ready to reintegrate due to the presence of the armed groups;

WHEREAS, Region XI has no facility for temporary shelter of the male victims of human trafficking and male/boys who are rescued because they are in a situation of armed conflict thus, the DSWD XI and the City Government of Tagum find the need to have a center or a residential care facility that could cater their basic necessity while undergoing rehabilitation prior to their reintegration to their respective families and communities;

WHEREAS, the goal of interventions for persons that have experienced trafficking for exploitative purposes and for children in situation of armed conflict especially for male victims, is to restore back their normal social functioning by removing them from the exploitative situations and return them safely to either their home community or another community of their own choice;

WHEREAS, the City of Tagum is situated within the sphere of Davao del Norte province and Compostela Valley province where CPP-NPA-NDF are present and where conflict between two forces, the AFP and New People’s Army (NPA) usually occur affecting the Indigenous People Communities and the vulnerable sectors of the society;

WHEREAS, the FIRST PARTY commits to support the Local Government Unit in the implementation of the PAMANA Pillar 2 Projects to commence upon the signing of the MOA, after which the project’s processes is expected to be institutionalized in the partner LGU – Tagum City;

NOW THEREFORE, for and in consideration of the foregoing premises and the terms and consideration hereunder enumerated, the Parties to the Agreement hereby agree, that:

 

ARTICLE 1 – ROLES AND RESPONSIBILITIES OF THE PARTIES

Section 1 – THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD)

The FIRST PARTY shall:

a.      Download the amount of NINETEEN MILLION PESOS (Php 19,000,000.00) for the construction of a Residential Care Facility for Children in Situation of Armed Conflict (CSAC) who are rescued and surrendered during encounter and Male Victims of Human Trafficking;

b.      Provide Technical Assistance to the SECOND PARTY in the facilitation of community mobilization activities to implement the PAMANA Pillar 2 projects ;

c.      Monitor the status of the projects and regularly make coordination and consultation with the SECOND PARTY regarding the PAMANA Pillar 2 projects;

d.      Allocate funds and be responsible for the first three (3) year operations, maintenance  and personnel expenses of the Center or Residential Care Facility to be established in Tagum City before turning over the facility to the SECOND PARTY;

e.      Promote and support active engagement of citizens and their organizations in the design, planning and implementation of the PAMANA Pillar 2 projects;

 

Section 2 – CITY GOVERNMENT OF TAGUM, DAVAO DEL NORTE

The SECOND PARTY shall:

a.      Construct a Residential Care Facility for Children in Situation of Armed Conflict (CSAC) who are rescued and surrendered during encounter and Male Victims of Human Trafficking utilizing the funds mentioned in Section 1, Item 1 hereof;

Provide the minimum land requirement of one (1) hectare with proper site development ready for construction;

c.      Implement the project and ensure that the design is in accordance with the specific plan;

d.      Monitor the status of implementation and regularly coordinate with the FIRST PARTY regarding the implementation of the project;

e.       Pass relevant ordinances or issue resolutions in support to the PAMANA Pillar 2 projects;

f.        Ensure the security of the DSWD staff / personnel while undergoing official tasks and functions in the LGU during the implementation of the PAMANA Pillar 2 projects;

g.      Participate during program / project review, assessment and evaluation of performance against MOA commitments, plans, targets and action planning.

 

1.     LIABILITY:

1.       The FIRST PARTY and the SECOND PARTY shall be liable for damages in the event either party failed to comply with its obligations under this Agreement. In all cases, the FIRST PARTY shall be held responsible for reimbursement of unutilized project fund under this agreement.

2.       The officials of the parties may be held personally liable for their obligations hereunder when the former committed unlawful acts or was guilty of gross negligence, bad faith, and fraud in the performance of their official functions.

 

2.     DISPUTE RESULOTION

Any dispute regarding the implementation of this agreement shall first be settled by the parties amicably, without prejudice to court action.

 

3.     RECISSION

In case any party commits violations, breaches or fails to comply with any stipulations herein, the same shall give the aggrieved party the right to IPSO FACTO rescind the said agreement.

 

4.     MODIFICATION

No modification of any part of this agreement shall be made unless agreed upon by both parties and written in a Supplemental Memorandum of Agreement.

 

5.     SEPARABILITY CLAUSE

The invalidity or unconstitutionality of any provisions of this agreement shall not render the entire agreement void.

 

6.     EFFECTIVITY

This Agreement shall take effect immediately upon execution, and shall remain in force until full implementation of the project, unless sooner terminated in writing by the Parties.

 

IN WITNESS WHEREOF, the parties have hereunto set their hands, this ____________________________________ in __________________________, Philippines.

 

DSWD, FIELD OFFICE XI, DAVAO CITY                           CITY GOVERNMENT OF TAGUM
Usufructuary                                                                                  Landowner
Represented by:                                                                                    Represented by:

 

MERCEDITA P. JABAGAT                                                        ALLAN L. RELLON, DPA,PhD.   
Regional Director                                                                                 City Mayor

SIGNED IN THE PRESENCE OF:

RAQUEL E. NUÑEZ                                                                     NORA H. LUPIBA, RSW
SWO-PSU Chief                                                                                     CSWDO-Tagum City

 

  ATTY. EVA LORRAINE E. ESTABILLO
Sangguniang Panlungsod Committee Chairperson – Gender
Equality and Development, Children and Family
Welfare and Social Services

 

ACKNOWLEDGMENT

 

Republic of the Philippines. .)
Province of Davao del Norte) s.s.
City of _________ . . . . . . . )

x . . . . . . . . . . . . . . . . . . . . . . . . . x

BEFORE ME this ________________at _________________, personally appeared:

NAME Evidence of Identity Date and Place Issued
ALLAN L. RELLON    
MERCEDITA P. JABAGAT

Known to me 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.

This Memorandum of Agreement consists of __ page/s including this page in which this acknowledgment is written, signed by the parties in their instrumental witnesses each and every page thereof.

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

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)