PAMPANGA

Pangan: On rescinding a memorandum of agreement

On Close Range

PER online source, a memorandum of agreement is a written document describing a cooperative relationship between two parties wishing to work together on a project or to meet an agreed upon objective.

A MOA usually serves as a legal document and describes the terms and details of the partnership agreement.

Under a scathing scrutiny now is the agreement between Dennis Uy's Udenna Corporation, Chelsea Logistics and Holding Corporation and China Telecom, a Chinese state-owned company. The agreement immediately raised red flags amid concerns that such vital telco infrastructure could be used by the Chinese government for espionage and will seriously compromise national security and the privacy of the Filipino public.

Dennis Uy, a businessman from Davao City, is a very favored presidential friend and is therefore accorded several privileges not otherwise given to ordinary citizens.

The said memorandum of agreement was reportedly signed in the absence of Defense Secretary Delfin Lorenzana, who should have been the person much involved in the agreement since it called for Chinese interests to locate inside the AFP military camps.

The Chinese, much favored by President Rodrigo Duterte, are taking over our power, telco and now water infrastructure aside from getting part of our sovereignty in the West Philippine Sea.

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Some memoranda of agreement are beneficial and magnanimous and are forged for benevolent purposes.

Some are unilateral and one-sided as to favor one party over another.

This I came to know when I reviewed the memorandum of agreement between Hausland Estate Management Incorporated (HEMI) and Fiesta Communities Tabun Mabalacat City Homeowners Association Inc., signed by Israel Orquia and Jojo Galang, respectively.

In the said MOA, HEMI undertakes the garbage collection, security services, grass cutting and landscaping services, repairs and maintenance of subdivision roads, street lights, entrance gate, open spaces, playground, gym and basketball courts.

HEMI will also collect the monthly homeowners association dues which it shares 80-20 with the Homeowners Association.

Lately, however, HEMI falters in its garbage collection duties due to erratic schedule of collection, prompting homeowners to complain incessantly. This, and other violations pushed the HOA officers to move for the rescission of the MOA and the HOA to take over duties of HEMI. Section 7 of the MOA acknowledged April 1, 2017, states that in case of substantial failure of any of the party to perform their respective obligations, the injured party shall have the right to rescind the contract through Notarial Rescission, which shall be effective 30 days from receipt of the erring party.

Considering the various lapses in the garbage collection services of HEMI and the reported break-ins of houses at Mapagmahal and other streets at Fiesta, in violation of HEMI's security obligations, the officials of the Homeowners Association are inclined to rescind the contract and take over the previous functions of HEMI.

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We win as one. The theme of the Philippine sports contingent to the 30th SEA games scheduled November 30 to December 11, 2019 is We Win as One. It is the rallying cry of our athletes to excel in all their games and bring home as much as gold, silver and bronze medals as they possibly can.

We stand foursquare behind our athletes to excel with pride and heart at the Games. We know the hard trainings and sacrifices they gave will be amply rewarded in the meet.

Noel Tulabut, head of the Communications Division of the Clark Development Corporation, told me of the games to be conducted by the Clark cluster of the games: archery at the parade grounds, karate and mat games at Laus Event Center, some at AUF and the rest at the New Clark City in Capas, Tarlac.


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