MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This MEMORANDUM OF AGREEMENT is made and entered into by and between:
The RVJ Lumber and Manufacturing (RVJLM), a legitimate Wood
Processing Plant (Mini-sawmill) located at Brgy. Maria Clara, Maasin, Southern Leyte
represented by its owner Mr. Roberto Villanueva, Jr. referred to as the 1st PARTY;
AND
The EL-SAMARENO VENTURE, INC., a legitimate construction company
located at 194 Boni Avenue, Brgy. Plain View, Mandaluyong City, represented by Mr.
Rodulfo M. Gracioso, Jr. referred to as the 2nd PARTY;
WITNESSETH:
WHEREAS, the 1st PARTY represents and warrants that it owns and has the
right to grant the use of its license in favor of the 2 nd PARTY under specific terms and
conditions, provided herein.
WHEREAS, the 2nd PARTY desires to make use of the 1st PARTY’s license for a
period of one (1) year from the date of its effectivity, in exchange for payment of
royalties.
WHEREAS, this Agreement is necessary for the 2 nd PARTY to be able to conduct
cutting and/or harvesting operation within the CBFM area of P.O. SAPAKAP, at Brgy.
Palanit, San Isidro, Northern Samar.
WHEREAS, both parties further agree that:
1. The 1st PARTY’s obligation is merely limited to granting the use of its license as a
legitimate WPP, in favor of the 2nd PARTY.
2. P.O. SAPAKAP is also well-aware that it is the 2 nd PARTY who has the sole
obligation and/or responsibility in the cutting, hauling and/or harvesting
operation within its CBFM area.
3. The 1st PARTY shall not be held liable for any breach, omission, delay, and/or
default by the 2nd PARTY during the entire duration of the operation. Thus, P.O.
SAPAKAP has no right of action against the 1 st PARTY for any violation caused by
the 2nd PARTY in its obligation towards the P.O.
4. Royalty fees shall be paid by the 2 nd PARTY for the use of the 1st PARTY’s license.
It shall be payable by monthly installments for twelve (12) months, on or before
the agreed due date, thru issuing of postdated checks in favor of the 1 st PARTY.
Said payments shall made in accordance with the schedule of payment to be
agreed by both parties, without need of any further notice or demand.
5. In case of non-payment or dishonor of the check(s) due to insufficiency of funds,
forgery, or nullity thereof, or for any other reason, the 2 nd PARTY shall pay upon
demand, the face amount(s) of the check(s) or its value. Failure of payment
upon demand shall be sufficient cause for the automatic cancellation of the
Agreement, without prejudice to the 1 st PARTY’s right to initiate appropriate legal
action against the 2nd PARTY.
6. This Agreement shall take effect immediately and shall remain in force for one
(1) year from the date of its effectivity.
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7. This Agreement may be revised, amended or modified by both parties, only
through a written document or instrument duly executed and signed the parties,
but not later than the end of its validity.
IN WITNESS WHEREOF, the parties hereto, though their duly representatives,
have hereunto signed this Memorandum of Agreement on the _______ day of
__________, 2022, at _____________, Northern Samar.
ROBERTO T. VILLANUEVA, JR. RODULFO M. GRACIOSO, JR.
1st PARTY 2ND PARTY
Signed in the presence of:
LEONARDO S. BARCARCIL ANITA DOLLAGUE
P.O. President B.O.D.
P.O. SAPAKAP P.O. SAPAKAP
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF ________________) S.S
MUNICIPALITY OF _____________)
BEFORE ME, this ____ day of _________________, personally appeared the following
with their respective certification opposite their names:
NAME COMPETENT EVIDENCE OF IDENTITY DATE/PLACE ISSUED
LEONARDO S. BARCARCIL. __________________ _________________
ROBERTO VILLANUEVA, JR. _________________ _________________
known to me to be the same persons who executed the forgoing instrument, and who
acknowledged to be the same in their free and voluntary act and deed, as well as the
free and voluntary act and deed of the entities represented herein.
This instrument, consisting of two (2) pages including this page where the
Acknowledgement is written, and is signed by the parties and their instrument on each
page thereof.
WITNESS MY HAND AND SEAL, at the place and on the date first written above.
Doc. No. _______
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Page No. _______
Book No. _______
Series of 2022.
