Memorandum of Agreement

 Memorandum of Agreement for On-Job- Training
KNOW ALL MEN BY THESE PRESENTS:

This memorandum of Agreement is entered into and executed by and between:
The PILLAR STATE UNIVERSITY herein referred to as the PSU, a chartered state university represented by its President Dr. Ronald Malibiran, a duly authorized for the purpose with principal address at Zamboanga City.

And

The LIQUIGAZ PHILIPPINES CORPORATION hereinafter referred to as the LPC, a private company duly organized and existing under the Philippine Law, represented by its President, Mr. Delfin Pascual, duly authorized for the purpose with principal address at 4th floor Senora Bldg. Ayala, Makati City.

WITNESSETH THAT:

WHEREAS, PSU accepts the role in representing its students through its President, with the LPC providing for the training as well as upgrading the safety attitude, knowledge and proficiency of the students in welding, electrical electronics and mechanical technology:

WHEREAS, LPC accepts responsibility to train and upgrade the safety attitude, knowledge and skills and proficiency of the students coursed through PSU through an on-the-job training at LPC:

NOW, THEREFORE, for and in consideration of the foregoing premises, the parties hereto agree as follows:

  1.  That PSU and LPC shall coordinate their efforts to develop the skills, knowledge and attitude of the student-trainees through their on the job training;
  2. That PSU shall provide the student-trainees the needed occupation related theoretical instructions before hands-on training;
  3. That LPC shall equip the student-trainees the necessary practical or hands-on training inside the work premises;
  4. That the student-trainees agree to cooperate with both the PSU and LPC for the purpose of acquiring and develop proficiency in terminal maintenance and operations.
  5.  That the students agree to attend diligently and faithfully the training duration under the following terms and conditions:

 

  •  Training duration – three (3) months for (DET) Diploma of Engineering Technology Course
  • Training hours – 540 hours
  • Start of Training – May vary but usually commence on November of every year
  • End of Training – Upon completion of required training hours
  • Training duration – Summertime
  • Training hours – 300 hours
  • Start of Training – May vary but usually commence on November of every year
  • End of Training – Upon completion of required training hours

6.    That the student-trainees will follow the suggested schedule, i.e., 8:00 am to 5:00 pm or whatever is appropriate for both the student-trainees and the company;

7.    That a student-trainees’ log book shall be maintained by the student-trainees wherein they will record their daily attendance and accomplishment for the day during the in-plant training;

8.    That LPC shall pay for the training allowance of the student-trainees which shall be seventy-five (75) percent of the applicable minimum wage or base of Php 270 plus E-cola of Php 90.00 per day spent while in in-plant training.  The training allowance shall be remitted by LPC directly to the student-trainees every 15 days of training;

9.    That LPC shall enroll the student-trainees under its group insurance policy during the duration of the training and pay the corresponding insurance premiums;

10.    That during the period of training, any student-trainee/s covered by this Agreement may be terminated by serving written notice at least seven (7) working days, or as maybe applicable, before the actual date of termination stating the reason thereof;

11.    That any party to this Agreement may terminate any student-trainee/s for the following valid causes:

  • Habitual absenteeism
  • Willful disobedience of company rules or insubordination to lawful order of a superior
  • Poor physical condition, permanent disability or prolonged illness which incapacities the student-trainees from working
  • Theft or malicious destruction of company property and/or equipment
  • Poor efficiency of performance for a prolonged period despite warnings given to the student-trainees
  • Engaging in violence or other forms of gross misconduct inside the company’s premises

–    Lack of interest in performance of assigned duties
–    Absent without leave (AWOL) from work for three (3) consecutive working days with no justifiable reason/s

Problems that occurred shall be investigated first by LPC’s Safety and Quality System Officer and shall be reported to PSU through its Placement Coordinator. Termination of the student-trainee/s shall be approved by both parties;

12.    That upon satisfactory completion of the required training hours. LPC is obliged to issue a “Certificate of Training” to student-trainees;

13.    That student-trainee/s may be absorbed by LPC as its regular employee, after his/her completion of the trainings hours required to finish his/her course/s;

14.    That the rules and regulations of PSU and LPC shall be observed as part of the terms and conditions of this Agreement;

This agreement shall take effect and commence upon signing of both parties and after the confirmation of the PCU Board of Regents and shall remain in focus unless terminated by any party with at least one (1) month notice.

IN WITHNESS WHEREOF, the parties hereto affixed their signatures on  28th day of March, 2008 at  Zamboanga City, Philippines

MR. RONALD MALIBIRAN. Ed. D.
University President
Pillar State University

MR. DELFIN PASCUAL
President
Liquigaz Philippines Corp.

Signed in the presence of:

JC MER BAVARRO, Ph.D.
Placement Officer
Pillar State University

SAMUEL DIUCO
Senior Terminal Manager
Liquigaz Philippines Corp.

Sample Construction Agreement

CONSTRUCTION AGREEMENT

I. PROJECT

The Project is a Two Storey  Residential Structure to be finished at with a construction cost of TWO MILLION SEVEN HUNDRED THOUSAND PESOS (php 2, 700,000.00) to be paid by the OWNER (Mr. Victor and Kitty Carreon), wherein the Construction is under Design-Build of Guaranteed Maximum Cost (UAP Doc. 205, RA. 7266).

II. SCOPE OF WORKS

The ARCHITECT shall exclusively undertake, pursue and manage the completion of the project under Construction of Design-Build of Guaranteed Maximum Cost and shall likewise provide all the necessary materials, labor, tools and equipment necessary for the construction of the said project, and shall perform all such works in accordance with the approved plans and specifications, inclusive of, but not necessarily limited to the items set before this, see Succeeding pages.

The ARCHITECT shall not carry out extra or varied works without the permission and approval of the OWNER and/or his authorized representative. In the same manner any additional construction, revision i.e., not covered by the construction plans and scope of work specified, shall be subject to separate billings by the ARCHITECT.

All additional constructions and amendments to or changes in the plans and specifications from the date hereof and the corresponding costs thereof shall be subjected of a written agreement between the parties; and the amendments or changes shall have the effect of reducing or increasing the contract price hereinbefore stipulated, the same shall be correspondingly adjusted.

III. CONTRACT PERIOD / TIME OF COMPLETION

The work to be performed under this agreement shall commence from and after the receipt by the ARCHITECT of all approved construction permits and licenses required for the project, down payment and upon written approval by the OWNER.

The work shall be completed by the ARCHITECT within ONE HUNDRED TWENTY (150) working days. Provided, however, that any delay of reason of force majeure of fortuitous event, or by reason of additional constructions or amendments to or changes in the construction shall be excluded.

IV. CONTRACT SUM

The OWNER shall pay to the ARCHITECT for the performance of this agreement the sum of TWO MILLION SEVEN HUNDRED THOUSAND PESOS ONLY (php 2, 700,000.00) construction cost.

Upon signing of this agreement,     from and after the receipt, and or the advice of the ARCHITECT, the OWNER undertakes to immediately pay a TWENTY SEVEN PERCENT (27%) down payment to the ARCHITECT in the amount of SEVEN HUNDRED TWENTY THOUSAND PESOS (php 720,000.00), to be utilized as mobility fund, and to cover material and labor expenses for the project. Said payment will be deducted on total project cost. The remaining balance will be paid in progress billing stipulated as follows:
Down Payment………………………….27%     (Php 720,000.00)(Bank Loan)
First Billing after downpayment……..27%           (Php 720,000.00)(Bank Loan)
Second Billing…………………………..27%      (Php 720,000.00)(Bank Loan)
Third Billing…………………………….11%    (Php 300,000.00)
Final Billing…………………………….10%    (Php 240,000.00)(Bank Loan)
________________________________________________________________
Total……………………………………………………(Php 2,700,000.00)

The ARCHITECT shall submit an application for each payment to the OWNER with at least THREE DAYS before each payment for the progress billing falls due. In case of delay of payment sum of due completion time will be adjusted depending on the delay of payment.

V. GUARANTEES

The OWNER and the ARCHITECT agree on the application of the following conditions for the faithful performance of the Contract/Agreement.

The ARCHITECT hereby guarantees that the project shall be constructed strictly in accordance with the scope of works and condition of this contract and shall make good any defect in materials and / or workmanship to the fault of the ARCHITECT/CONTRACTOR within Six Months after the full completion of the project.

VI. TERMINATION OF CONTRACT

The ARCHITECT has the right to terminate the contract or stop work if ordered by any court or other Public Authority, for a period of three months, through no act or fault of the ARCHITECT or anyone employed by him.

The ARCHITECT shall submit written notice or if ordered by any court or other public authority to the OWNER to stop work or terminate this contract/agreement and claim payment for all work executed, profit and damages/loss on the basis of the work completed.

The OWNER shall pay necessary payment to the ARCHITECT; one week after a notice of payment was given to the owner, the ARCHITECT has the right to stop the construction to any failure of payment by the OWNER.

Conforme:

Mr. Victor and Kitty Carreon
Owner

Arch. Emerson D. Soriano (uap)
Designer.Builder.Consultant

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)
CITY OF BALANGA                      )S.S.

BEFORE ME, a Notary Public for and in Balanga City, Bataan, on this_________________personally came and appeared:

CTC NO. – DATE/PLACE ISSUED

ARCH. Emerson D. Soriano
MR. Victor Carreon

Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that the same are their own free act and deed.

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

Doc. No. ______
Page No.______
Book No.______
Series of 2000

Sample Lease Agreement

Know all men by these presents:

I, ROSANNA L. MARION, of legal age, single, Filipino and a resident of Gabon, Abucay, Bataan, hereinafter referred to as the LESSOR,

-and-

Jethro L. Santos, of legal age, married, Filipino, and a resident of Wawa, Abucay, Bataan hereinafter referred to as the LESSEE by this instrument, agreed between themselves the following;

That ROSANNA L. MARION is the Lessor of an apartment located at Gabon Lote, Abucay, Bataan.

That the LESSOR agreed with the LESSEE to lease her apartment in the following terms and conditions, hereinafter setforth;

  1.  That this contract is only for a period of one (1) year and thereafter, it is automatically terminated and cancelled unless renewed by the lessee on such terms and conditions we may agreed.  This contract shall start on June 28, 2013 and ended on June 28, 2014;
  2. That the rental per month shall be FOUR THOUSAND PESOS (Php 4,000.00).
  3. That the monthly rental must be payable upon signing of this contract;
  4. That one (1) month advance and two (2) months deposit must be paid before occupying the apartment.
  5. That water and light must be charged to the account of the lessee.
  6. That only one (1) family shall be living in the said premises;
  7. That destruction, loss or damages of any part of the apartment due to fault negligence or misuse will be shouldered by the lessee including the defecting of walls and doors with any kind of writing instruments.
  8. That the lessee shall not make or add any improvements without written consent of the lessorm and whatever improvements to be made or to be added thereon as consented by the lessor, shall became part of the apartment to belong the lessor, upon termination of this contract without the lessor paying for value thereof.
  9. That the lessee cannot sublease the least premises.
  10. That the lessee shall notify the lessor of intention to renew the lease of the premises not later than two (2) months before the expiration thereof.
  11. That violation by the lessee of any of the terms and conditions hereof shall be sufficient ground for the lessor to terminate this contract without prejudice to any liability or obligation of eh lessee existing at the time of the violation.
  12. That if the lessee shall not be able to pay the rental for about 3 months, the lessor shall have the right to pull out any appliances of the lessee that shall amount to the unpaid rental of the lessee.

In witness whereof, the parties have hereunto signed this 12 day of July 2013 at Balanga City, Bataan.

ROSANNA L. MARION
Owner

Emerson Navarro
Occupant

Signed in the presence of:

______________________

Acknowledgement

Republic of the Philippines )
Province of Bataan                       ) S.S.
City of Balanga

BEFORE ME, a Notary Public for and in Bataan came and appeared the following persons with their Comm. Tax Cert. Nos.:

ROSANNA L. MARION  with CTC No. 05118581 Issued on 01-10-13 Limay, Bataan
Jethro L. Santos with CTC No. 0511547 issued on 04-05-13 Abucay, Bataan
known to me to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their own free act and voluntary deed.

WITNESS MY HAND AND SEAL this 12 day of July 2013 at Balanga City, Bataan

Doc. No. ____
Page No. ____
Book No. ____
Series of 2013

DEED OF SALE OF CAR VEHICLE

KNOW ALL MEN BY THESE PRESENTS:

That I, Sir Chief Lim, Filipino, of legal age, a resident of Santana Land subdivision Capitangan , Abucay, Bataan with SSS number 02-1739538-8 , is the lawful owner of a certain car vehicle which is more particularly described as follows:

MAKE                       :   Nissan Blue Bird
BODY TYPE             :   Sedan-4-Door
FUEL                         :  Gas
YEAR MODEL         :  1991
ENGINE NO.          :  CA20-728601B
CHASSIS NO.         :   ULU12A-32907
FILE NO.                 :  1340-0000094332A
PLATE NO.             :   PTR541
C.R. NO.                  :  9473563-1

That for and in consideration of the sum of One Hundred Forty Eight Thousand Pesos (Php 148,000.00) PESOS, Philippine Currency, receipt whereof is hereby acknowledged to my entire satisfaction, I hereby sell, transfer and convey by way of Absolute Sale unto Maya Marasigan , Filipino, of legal age, and resident of  Buenavista Homes Access Road  San Jose Balanga City Bataan with SSS number 06-1693069-0, the above described car  vehicle, free from all liens and encumbrances.

IN WITNESS WHEREOF, we have hereunto affixed our hands this____ day of _______________ at ________________.

Sir Chief Lim
Vendee

Maya Marasigan
Vendor

Signed in the presence of:

_____________________________

ACKNOWLEDGEMENT

Republic of the Philippines )
) S.S

BEFORE ME, personally appeared:

Name – CTC Number – Date/Place Issued

Sir Chief Lim – 132517 – April 12, 2013 / Abucay, Bataan
Maya Marasigan – 15627 –  Feb. 13, 2013 / Balanga City, Bataan

Known to me and to me known to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their free and voluntary act and deed.

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

Notary Public

Doc. No.______;
Page No. ______;
Book No.______;
Series of 20___.

Sample Promissory Note

For value received, I/We promise to pay jointly and severally to the order of the

ABC Multi-Purpose Cooperative

At its office located in Loyola Heights Quezon City.

The sum of _______________ Pesos (Php_________ ) Philippine Currency, with the interest at the rate of __________ per centum  ( ___ %) per month, from date hereof until paid, according to the following loan schedule:

Mode of Payment: ______________
Amortization: __________________
Type of Loan: __________________
Term: _________________________

In case of default in payment of any of the above stated installments shall be immediately become due and payable.

I/We bind myself/ourselves to ay ABC Multi-Purpose Cooperative , a sum equivalent one per centum (1%) per month of the outstanding balance of loan as penalty for inexcusable neglect to pay any amount of the loan when due,

In case of judicial or extra-judicial enforcements of this obligation or any part of it, the debtors waive all their rights under the provisions of Rule 39, Section 12 of the Rules of Court, and the borrower(s), co-maker(s) and indorser(s) shall pay jointly and severally ten percent (10%)  of the amount due on the note as attorney’s fees which in no case shall be less than Fifty Pesos (Php 50) exclusive of all costs and fees followed by law and as stipulated in the mortgage contract, if any.

DEMAND and DISHONOR WAIVED.  Holder may accept partial payment reserving his right of Resource against each and all indorsers.

I/We hereby agree and authorize ABC Mult-Purpose Cooperative to encumber, assign or sell to any person or entity any right, which may have under this NOTE and or any assignment, mortgage, lien, or other encumbrances constituted in favor of ABC Multi-Purpose Cooperative pursuant to the provisions of the Loan agreement and this Note if any.  The consent herein granted, recognized and acknowledged by me/us as a waiver to all intents and purposed, of whatever right I/we may have to notice of actual encumbrances or assignment.

___________________
Name of Borrower

___________________
Name of the Co-Maker

Legal Action Letter

January 30, 1998

Ms. Jen Woo
Villa Estrelita Subd.
Orani, Bataan

Dear Ms. Woo:

We very much regret to say that you have failed to settle your telephone bill in full or even in part in spite of three reminders.  I have directed to inform you that if you do not send your check in full settlement latest by the end of this week we shall instruct our lawyers to take the necessary legal steps to recover the amount long over due.

We hope you would respond to our appeals and do not allow the dispute to go overboard to avoid corresponding inconvenience to both the parties.  Therefore, we once again request you to send the check for full amount as soon as possible and inform us time to withhold the legal action.

Very truly yours,

Papa Chen

House Construction Certification

January 12, 2011

To Whom It May Concern:

Applicant Owner: Mr Edward Castro
Project Type: Bungalow Type
Complete Address: Sta. Cruz, Capitangan, Abucay, Bataan
Project Area: 145 sq.m.

This is to certify that the above – mentioned projects has been issued Barangay Certification subject to the following conditions that the proposed new construction should be in conformity with the National Building Code (P.D. 1096) and its corresponding implementing rules and regulations.

This certification is being issued upon the request of Mr. Edward Castro in connection with his application for Building Permit.

Issued this 21st day of January, 2000 at the Barangay Hall, Barangay Capitangan, Abucay, Bataan.

Teodoro Manlapid
Barangay Captain

Assignment of Share Capital/Savings Deposit

PN Number _____________

KNOW ALL MEN BY THESE PRESENTS:

The I/We, ________________ member(s) of _______________, of legal age and residing at ___________________, Philippines in consideration of the sum of _____________________ (Php______) , my/our share capital/deposit with said cooperative/bank covered by Certificate of Share Capital No. _________ / Savings Account No. _________ issued to me/us and it is understood that said cooperative has full control of the said sum of ___________ (Php________) from and after this date, and that said amount cannot be withdrawn by the undersigned, our heirs and assignees, unless the loan granted to us by said Cooperative as well as the interest due thereon and expenses incurred have been full paid.  In the event tat said loan of ______________ (Php________ ) is not paid at maturity date or at any season whatsoever, said Cooperative is fully authorized and empowered to apply the same as payment o the loan herein mentioned.

IN WITNESS WHEREOF I/WE have hereunto affixed our signature at ____________________________________ on this ___________ day of ___________________, _______.

________________
Borrower

________________
Co-maker

Cancellation and Discharge of Mortgage

KNOW ALL MEN BY THESE PRESENTS:

That the RURAL BANK OF PILAR (BATAAN), INC.  the mortgage named in that certain real estate/chattel mortgage executed in its favor by Sps Manuel and Rachelle Banzon on April 26, 2001 duly registered in the Office of the Register of Deeds of Bataan on ______ on Page No. 33 Entry No. 415310 Inscription No ____________ File No. 5914 Vol.No. _________ Doc. No. 159; under Act No. 3344, the Spanish Mortgage Law having received the full consideration named as the condition of said Mortgage does hereby release and discharge the same, and (And does hereby forever authorize the Register of Deeds of Bataan, to endorse this cancellation upon Transfer Certificate of Title No. T-148247 to this Office, upon corresponding record book).

Executed at Pilar, Bataan, Philippines, this 31th day of May 2005.

RURAL BANK OF PILAR (BATAAN (, INC.
BY: CYNTHIA P. RODRIGUEZ
VP/Manager

JOSEPH P. ESPIRITYU
Name and Signature of Witness

CHRISTINE J. LORENZO
Name and Signature of Witness

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)
PROVINCE OF BATAAN
MUNICIPALITY OF BALANGA

At the locality above-mentioned, this _____ day of ________, 2005 personally came and appeared before me CYNTHIA P. RODRIGUEZ, VP/MANAGER of RURAL BANK OF PILAR (BATAAN), INC., with Community Tax Certificate No. _____ 06918819 issued at Pilar, Bataan on 01-04-05 known to me and to me known to be the same person who executed the foregoing instrument and acknowledge to me that the same is free and voluntary act and deed of the bank represented by her.  This instrument refer to the cancellation of real/chattel mortgage of One (1) parcel/s of land and consists of one (1) page which has been signed by the Mortgage and its witnesses and sealed with my notarial seal.

NOTARY PUBLIC
Until December 31, 20 __
PTR No.

Doc. No. _____
Page No. _____
Book No. _____
Series of  _____

Waiver and Permit Agreement

Dear Sir/Madam:

Good day!

We would like to inform you that 5th year Mechanical Engineering students of Bataan State University will be having a plant visit this coming Thursday and Friday (August 30-31, 2002) in various industrial and power plant in Bataan.  The activity aims to give insights to the students regarding the actual processes as related to the course, Industrial Processes and Plant Inspection.

Here are the lists of Industrial and Power Plant included in this plant visit:

Department of Defense (Lamao, Limay, Bataan)
Philippine Resins Industries, Incorporated (Batangas II, Mariveles, Bataan)
Bataan Nuclear Power Plant (Morong, Bataan)

In accordance to this plant visit, there will be a payment of Php 400 for the transportation including the fair to Subic, Zambales.  We decide to include Subic, Zambales so the students can unwind for a while, to enjoy the remaining hours of the tour and to make the most of the fee.

Thank you and God bless!

Respectfully yours,

Mr. Ron Allen Santos

I have carefully read this waiver and permission agreement and understand the terms and condition of it and agree to be bound thereby and give permission to my son/daughter to participate in this plant visit.

______________
Parent/Guardian
Signature over Printed Name