MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS

This Memorandum of Agreement, hereinafter referred to as “AGGREEMENT”, made
and entered into this ____________________ between:

The TOURISM INFRASTRUCTURE AND ENTERPRISE

ZONE AUTHORITY, with principal office address at TIEZA
Bldg., 142 Amorsolo St., Legaspi Village, Makati City,
represented herein by Chief Operating Officer,
POCHOLO J.D. PARAGAS, hereinafter referred to as
“TIEZA”;

and

The DEPARTMENT OF NATIONAL DEFENSE –

PHILIPPINE VETERANS AFFAIRS OFFICE, with principal
office at Camp General Emilio Aguinaldo, Quezon City,
represented herein by its Administrator Lt. Gen.
ERNESTO G. CAROLINA AFP (Ret.) hereinafter referred
to as the “DND-PVAO”.

WITNESSETH THAT:

WHEREAS, Republic Act No. 9593 (RA 9593), otherwise known as “The Tourism
Act of 2009”, declares as one of its objectives the support of the establishment of
tourism enterprise zones (TEZs), which will provide the necessary vehicle to coordinate
actions of the public and private sectors to address development barriers, attract and
focus investment on specific geographic area, and upgrade product and service quality;

WHEREAS, the TIEZA is mandated to designate and supervise TEZs as well as to

develop, manage and supervise tourism infrastructure projects in support therefor;

WHEREAS, TIEZA, as provided in its charter, has the power, through its Board,
to enter into, make, perform, and carry out contracts of every class, kind, and
description which are necessary or incidental to the realization of its purpose with any
person, firm or corporation, private or public, and with foreign government entities;

WHEREAS, the DND-PVAO, created by virtue of Presidential Decree No. 1076

(PD 1076), is mandated to administer, maintain, and develop military memorials and
battle monuments proclaimed as national shrines;

WHEREAS, the DND-PVAO, which has the functions of a national shrine

commission, is authorized to enter into any contract for the purpose of converting areas
into tourist spots and leasing them to qualified parties;
 WHEREAS, Republic Act No. 7668 (RA 7668) declared Mt. Samat in the Province
of Bataan as a tourist spot and mandated the Department of Tourism to coordinate with
concerned government agencies to prepare a tourism development plan involving the
construction, installation and/or maintenance of appropriate facilities and
infrastructures;

WHEREAS, TIEZA identified the Mt. Samat Shrine as Flagship TEZ; and, on
_____________________, the TIEZA Board designated Mt. Samat Shrine as Flagship TEZ and
approved its Comprehensive Tourism Master Plan (CTMP);

WHEREAS, in the implementation of the CTMP, there is a need to clarify the

institutional arrangements and functions of TIEZA, the LGUs and DND-PVAO relative to
the responsible and sustainable development of Mt. Samat Shrine Flagship TEZ;

NOW, THEREFORE, for and in consideration of the foregoing premises, TIEZA

and DND-PVAO, do hereby agree to undertake the following:

I. The TIEZA shall:

(1) grant and administer the incentives under RA 9593 to Registered Tourism
Enterprises (RTEs) inside the Mt. Samat Shrine Flagship TEZ;

(2) process and evaluate applications for registration of tourism enterprises

and administration of incentives granted under RA 9593;

(3) provide necessary and relevant assistance, incentives and on-site

infrastructure support in the implementation of the CTMP as may be
approved by the TIEZA Board;

(4) issue necessary permits and licenses in the development and operation of
Mt. Samat Shrine Flagship TEZ, particularly to the TEZ operator and
registered tourism enterprises;

(5) conduct inspection in coordination with the LGUs or DND-PVAO as may be

necessary relative to the issuance of necessary permits and licenses in the
development, operation, and monitoring of Mt. Samat Shrine Flagship TEZ
particularly to the TEZ operator and RTEs;

(6) construct, own or lease, operate and maintain infrastructure facilities or

enter into joint ventures; grant franchises for public utilities and supervise
their operation within the Mt. Samat Shrine Flagship TEZ;

(7) produce promotional and marketing strategy and materials for the Mt.
Samat Shrine Flagship TEZ;

(8) ensure strict compliance with the Tourism Master Plan and engage the
assistance of both the LGUs and DOT in the imposition of the appropriate
sanctions and penalties when necessary;
 (9) impose appropriate sanctions and penalties under the TIEZA Guidelines
and existing laws, regulations and ordinances for violations or non-
compliance with the Tourism Master Plan such as but not limited to the
suspension or prohibition of operation and the cancellation of the
incentives granted to a non-complying RTE and other provisions;

(10) impose and collect reasonable fees relative to the designation of TEZs,
registration of tourism enterprises, monitoring of TEZs and administration
of incentives under RA 9593;

(11) impose and ensure compliance with the Development Guidelines as

regards development in Mt. Samat Shrine Flagship TEZ.

II. The DND-PVAO shall:

(1) ensure strict compliance with the Tourism Master Plan and engage the
assistance of both the LGUs and TIEZA in the imposition of the appropriate
sanctions and penalties when necessary;

(2) enact necessary guidelines implementing the Mt. Samat Flagship TEZ’s
Tourism Master Plan in accordance with the Charter of DND-PVAO;

(3) impose guidelines as regards development in Mt. Samat Shrine consistent

with the DND-PVAO policies;

(4) recognize and agree to comply with the criteria, guidelines, conditions and
pertinent rules and regulations of TIEZA relative to the designation and
supervision of Mt. Samat Shrine Flagship TEZ;

(5) address any issue that may impede the efficient and effective formulation
and implementation of the CTMP, such as those concerning symbolic and
historical significance of the Mt. Samat Shrine in the Philippine History, on
the sentiments of the veterans, and on Filipino patriotism: PROVIDED, that
areas identified exclusively for shrine services and veterans ceremonial
sites/purposes shall be respected and developed in accordance with
existing rules and regulations governing military shrines;

(6) provide the properties for necessary facilities and utilities in the master
plan such as but not limited to those required in the collection and disposal
of solid waste or proper disposal of liquid waste, and drainage clearing and
maintenance of the Mt. Samat Shrine site;

(7) maintain peace and order and implement law enforcement measures
within the Mt. Samat Shrine site;

(8) allow TIEZA to issue the necessary permits and licenses to TEZ operators
and registered tourism enterprises located inside the Mt. Samat Shrine
Flagship TEZ; and provide necessary and relevant information in the
 implementation of the Tourism Master Plan for the Mt. Samat Shrine
Flagship TEZ.

II. Effectivity

This Memorandum of Agreement shall take effect immediately upon its

execution and may be amended upon agreement of all parties.

IN WITNESS WHEREOF, the parties have hereunto affixed their signature this
___ day of ___________________, 201_ in Makati City, Philippines.

TOURISM INFRASTRUCTURE DEPARTMENT OF NATIONAL

AND ENTERPRISE ZONE DEFENSE – PHILIPPINE
AUTHORITY VETERANS AFFAIRS OFFICE

By By

POCHOLO J.D. PARAGAS ERNESTO G. CAROLINA

Chief Operating Officer Administrator

WITNESSES:

___________________________________________ ____________________________________________

___________________________________________ ___________________________________________
 ACKNOWLEDGMENT

Republic of the Philippines }

_______________________________ } S.S.

BEFORE ME, a Notary Public for and in the City of __________________________

personally appeared the following persons:

Proof of ID Issued at Issued on

POCHOLO J.D. PARAGAS ______________________ ____________ _________________

ERNESTO G. CAROLINA ______________________ _____________ _________________

known to me to be the same persons who executed the foregoing instruments and
acknowledged to me that the same is their own free act and deed and of the entities
they represent.

This acknowledgment refers to a Memorandum of Agreement consisting of

seven (7) pages including the page on which this acknowledgment is written duly
signed by all parties and their instrumental witnesses on each and every page thereof.

WITNESS MY HAND AND SEAL this ______ day of _______________ in

_________________City, Philippines.

Doc. No. _____________;

Page No. _____________;
Book No. _____________;
Series of 201__.