ri~;act(ipra)andit;l:ntin r; andre~~~~tions,t:;hts · of april, 2012 in 11\gv(lt gift '...

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MEMORANDUM OF UNDERSTANDING KNOW ALL MEN BY THESE PRESENTS: This Memorandum of Understanding is made and entered into this 12th day of April, 2012 in 11\GV(lt GIft ' Philippines, by and among: NATIONWIDE DEVELOPMENT CORPORATION ("NADECOR"), a corporation duly organized and existing under the laws of the Republic of the Philippines, with its principal address at Unit 203, [ollibee Center Building, San Miguel Avenue, Ortigas, Pasig City, Philippines, represented herein by its President and CEO, JOSE P. DE JESUS, of legal age, married, Filipino and a resident of ---> Philippines, by virtue of Board Resolution attached herewith as Annex "A" forming part of this document, hereinafter referred to as "NADECOR;" -and- INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLES of the Mansaka Tribe representing the Clans of Cabantao, Guyo, Baug and Bastian from the affected community in Barangay Araibo, Pantukan, Compostela Valley, represented herein by their duly authorized signatories MARCILLANO CABANTAO, HILARIO CABANTAO, MARTINEZ LANDANGANON, JOSEPH BAUG, ARTEl\'!IO BAUG, RAUL BAUG, RUBEN BAUG, PILATO BAUG, MELBEN LANDANGANON, SERVANDO BAUG, ALONG BAUG, ALBERTO MAPAYO, ELDIE LEMENDOG, LUCIO CABANTAO, MATUNGCAL BASTIAN, BENITO GUYO, ARCID BASTIAN, EDIOS CABANTAO, THELMA LANDANGANON, MARY ANN TORRES, all of legal age, Filipino, and residents of Barangay Araibo, Municipality of Pantukan, Compostela Valley Province, by virtue of Community Resolution attached herewith as Annex "B" forming part of this document, hereinafter referred to as "MANSAKA;" WITNESSETH THAT: WHEREAS, NADECOR is a corporation duly authorized under Philippine laws to engage in mineral exploration, development and production and other related activities pursuant to an existing Mineral Production Sharing Agreement (MPSA) denominated as 009-92-XI under original date of April 29, 1992 consisting of an area of One Thousand and Six Hundred and Fifty Six (1,656) hectares, more or less, a portion of which is located in Barangay Araibo, Municipality of Pantukan, Province of Compostela Valley (The Kingking Copper -Gold Project); WHEREAS, MANSAKA represents the Indigenous Cultural Community jlndigenous Peoples belonging to the Mansaka Tribe representing the Clans of Cabantao, Guyo, Baug and Bastian from the affected community Barangay Araibo, Municipality of Pantukan, Province of Compostela Valley; WHEREAS, pursuant to Republic Act No. 8371 or the Indigenous Peoples Ri~; Act(IPRA) andit;l:ntin g R; andRe~~~~tions, t:;hts 0: ~ ~

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Page 1: Ri~;Act(IPRA)andit;l:ntin R; andRe~~~~tions,t:;hts · of April, 2012 in 11\GV(lt GIft ' Philippines, by and among: NATIONWIDE DEVELOPMENT CORPORATION ("NADECOR"), a ... .Ized, proter

MEMORANDUM OF UNDERSTANDING

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Understanding is made and entered into this 12th dayof April, 2012 in 11\GV(lt GIft ' Philippines, by and among:

NATIONWIDE DEVELOPMENT CORPORATION ("NADECOR"), acorporation duly organized and existing under the laws of theRepublic of the Philippines, with its principal address at Unit 203,[ollibee Center Building, San Miguel Avenue, Ortigas, Pasig City,Philippines, represented herein by its President and CEO, JOSE P. DEJESUS, of legal age, married, Filipino and a resident of --->

Philippines, by virtue of Board Resolution attached herewith asAnnex "A" forming part of this document, hereinafter referred to as"NADECOR;"

-and-

INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLES ofthe Mansaka Tribe representing the Clans of Cabantao, Guyo, Baugand Bastian from the affected community in Barangay Araibo,Pantukan, Compostela Valley, represented herein by their dulyauthorized signatories MARCILLANO CABANTAO, HILARIOCABANTAO, MARTINEZ LANDANGANON, JOSEPH BAUG, ARTEl\'!IOBAUG, RAUL BAUG, RUBEN BAUG, PILATO BAUG, MELBENLANDANGANON, SERVANDO BAUG, ALONG BAUG, ALBERTOMAPAYO, ELDIE LEMENDOG, LUCIO CABANTAO, MATUNGCALBASTIAN, BENITO GUYO, ARCID BASTIAN, EDIOS CABANTAO,THELMA LANDANGANON, MARY ANN TORRES, all of legal age,Filipino, and residents of Barangay Araibo, Municipality of Pantukan,Compostela Valley Province, by virtue of Community Resolutionattached herewith as Annex "B" forming part of this document,hereinafter referred to as "MANSAKA;"

WITNESSETH THAT:

WHEREAS, NADECOR is a corporation duly authorized under Philippine lawsto engage in mineral exploration, development and production and other relatedactivities pursuant to an existing Mineral Production Sharing Agreement (MPSA)denominated as 009-92-XI under original date of April 29, 1992 consisting of anarea of One Thousand and Six Hundred and Fifty Six (1,656) hectares, more or less,a portion of which is located in Barangay Araibo, Municipality of Pantukan, Provinceof Compostela Valley (The Kingking Copper -Gold Project);

WHEREAS, MANSAKA represents the Indigenous CulturalCommunity jlndigenous Peoples belonging to the Mansaka Tribe representing theClans of Cabantao, Guyo, Baug and Bastian from the affected community BarangayAraibo, Municipality of Pantukan, Province of Compostela Valley;

WHEREAS, pursuant to Republic Act No. 8371 or the Indigenous PeoplesRi~; Act(IPRA)andit;l:nting R; andRe~~~~tions,t:;hts 0: ~ ~

Page 2: Ri~;Act(IPRA)andit;l:ntin R; andRe~~~~tions,t:;hts · of April, 2012 in 11\GV(lt GIft ' Philippines, by and among: NATIONWIDE DEVELOPMENT CORPORATION ("NADECOR"), a ... .Ized, proter

MEMORANDUM OF UNDERSTANDING

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Understanding is made and entered into this WArZCIt Gf, J. (j /21BC)!l((\ GIrl , Philippines, by and among:III

NATIONWIDE DEVELOPMENT CORPORATION ("NADECOR"), acorporation duly organized and existing under the laws of the Republic ofthe Philippines, with its principal address at Unit 103, [ollibee CenterBuilding, San Miguel Avenue, Ortigas, Pasig City, Philippines, representedherein by its by virtue of Board Resolutionattached herewith as Annex "A" forming part of this document,hereinafter referred to as "NADECOR;"

-and-

INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLES of theMansaka Tribe of the affected community in Barangay Magnaga,Pantukan, Compostela Valley, represented herein by their duly authorizedsignatories MELINDO L. LEE, AURELIO M. GALING, SONIER M. PERLAS,HYDEN C. PERLAS, BENJAMIN G. SABINO, ELMER S. PACIO, ROBERTOG. ARELLANO, GABITO B. PITIN, FAUSTINO M. BETICAN, HELARIO V.ATIN, ILUMINADA R. PADILLA and RAYMUND B. AH.ELLANO, all of legalages, Filipino, and residents of Barangay Mar naga, Municipality ofPantukan, Compostela Valley Province, by virtue of CommunityResolution attached herewith as Annex' "B" forming part of thisdocument, hereinafter referred to as "MANSAKA;"

WITNESSETH THA't::

1WHEREAS, NADECOR is a corporation duly authorized under Philippine laws toengage in mineral exploration, development and production and other related activitiespursuant to an existing Mineral Production Sharing Agreement (MPSA) denominater' as009-92-XI under original date of April 29,1992 o.nsisting of an area of One Thousandand Six Hundred and Fifty Six (1,656) hectares, more or less, a portion of which islocated in Barangay Magnaga, Municipality of Pantukar., Province of Compostela Valley(The Kingking Copper Gold Project);

p-. -"-- -"..

~f\~~~.\~4" ..~

i' WHEREAS, pursuant to Republic Act No :{ 71 :or the Indigenous Peopl -s RightsAct (IPRA) and its Implementing Rules and RegrIa ions, the rig bts of indigenous culturalcommunities/indigenous peoples should be re: ':if'; .Ized, proter teo and promotea so thatJ.~ in effect, among others, no mining permit, license or agreerner-t shall be issued for areas

J'I~ within their ancestral domain/lands without their' Free and Prior Informed Consent

~

(tlFPIC"); . ~\ -, ...",'

WHEREAS, NADECOR was granted its MPS1\.on April ; ~, 1992, which is prior to~~\ctiVity of the Philippine Mining Act of 95 and the lP' c'; c~

'I· \~ \~'~~ l~fFIBJ TRUE COP'Y' .> -\.::, -----\\~

'WHEREAS, MANSAKA represents the Indigenous CulturalCommunity/Indigenous Peoples belonging tc the Mansaka Tribe of the affectedcomm nity Barangay Magnaga, Municipality of Pantu'can, Province of Compostela Valley,who have been the predominant inhabitants and ~;e1.tjerstherein since time immemorial;

Page 3: Ri~;Act(IPRA)andit;l:ntin R; andRe~~~~tions,t:;hts · of April, 2012 in 11\GV(lt GIft ' Philippines, by and among: NATIONWIDE DEVELOPMENT CORPORATION ("NADECOR"), a ... .Ized, proter

MEMORANDUM OF UNDERSTANDING

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Understanding is made and entered into this March 21,2012 in ~ Philippines, by and among:

NATIONWIDE DEVELOPMENT CORPORATION (flNADECOR"), acorporation duly organized and existing under the laws of theRepublic of the Philippines, with its principal address at Unit 103,Jollibee Center Building, San Miguel Avenue, Ortigas, Pasig City,Philippines, represented herein by its President and CEO, JOSE P. DEJESUS, of legal age, married, Filipino and a resident of _Philippines, by virtue of Board Resolution attached herewith asAnnex "A" forming part of this document, hereinafter referred to as"NADECOR;"

-and-

INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLES ofthe Mansaka of the affected community in Barangay Tagdangua,Pantukan, Compostela Valley, represented herein by their dulyauthorized signatories 10EL S. FERNANDEZ, JOEL D. BANO,REYNALDO B. MAUYAB, IHONNY V. GILDORE, ROBINSON R.PERLAS, EVELlA S. GOMEZ, ROGELIO M. BAYLOSIS, ROLANDO,M.CABALLES, CELSO M. FLAVIA, OLYMPIA F. DAHAB. DANIEL B.LAURENTE, and BERNARDITA R. ANG, all of legal ages, Filipino, andresidents of Barangay Tagdangua, Municipality of Pantukan,Compostela Valley Province, by virtue of Community Resolutionattached herewith as Annex "B" forming part of this document,hereinafter referred to as "MANSAKA;"

WITNESSETH THAT:

WHEREAS, NADECOR is a corporation duly authorized under Philippine lawso engage in mineral exploration, development and production and other relatedactivities pursuant to an existing Mineral Production Sharing Agreement (MPSA)

ominated as 009-92-XI under original date of April 29, 1992 consisting of anarea of One Thousand and Six Hundred and Fifty Six (1,656) hectares, more or less,a portion of which is located in Barangay Tagdangua, Municipality of Pantukan,Province of Compostela Valley (The Kingking Copper -Gold Project);

WHEREAS, MANSAKA represents the Indigenous Culturall.J-1-----'jCommunity /Indigenous Peoples belonging to the Mansaka of the affected community

arangay Tagdangua, Municipality of Pantukan, Province of Compostela Valley, whohave been the predominant inhabitants and settlers therein since time immemori~l;

WHEREAS, pursuant to Republic Act No. 8371 or the Indigenous Peoplesights Act (IPRA) and its Implementing Rules and Regulations, the rights of 'indigenous cultural communities/indigenous peoples should be recognized,protected and promoted so that in effect, among others, no mining permit, license or

CERTIFI~}·RU,E~/~~EY~~a/Aft;;/? SIlSAr;'~AQUINO

Page 4: Ri~;Act(IPRA)andit;l:ntin R; andRe~~~~tions,t:;hts · of April, 2012 in 11\GV(lt GIft ' Philippines, by and among: NATIONWIDE DEVELOPMENT CORPORATION ("NADECOR"), a ... .Ized, proter

'.;:::'~'

MEMORANDUM OF Uf~DERSTANDING

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Understanding is made and entered into this 6th day ofOctober :~011in Davao City, Philippines, by and among:

NATIONWIDE DEVELOPMENT CORPORATION("NADECOR"), a corporation duly organized and existingunder the laws of the Hepublic of the Philippines, with itsprincipal address at Unit 203, Jollibee Center Building, SanMiguel Avenue, Ortigas, Pasig City, Philippines, representedherein by President and CEO, Jose P. De Jesus, by virtue [email protected] attached herewith as Annex "A" forming '<'~part of this document, hereinafter referred to~ a ~ 4->\"NADECOR"j .. ; '.,IIEr ' ~~

'~" r r.'. . "' .fD ':!j-and->: .,~. .! '. t _ c..~~· '~"~"~"ll-;:,.1rt.

INDIGENOUSCUl~URAl C?MMUNlrIESnN[);GEN~' ,-t;#''rIe:,Z-d'J.i~· lPEOPLES, represented herein by the Mansaka Tnbal <» ",,("f>' '2Council of Barangay Kingking ("MTCBK"), an Indigenous '-""-' "'!"~

Cultural Community of' Barangay Kingking, Pantukan,Province of Compostela Valley, represented by Danilo L.'Sugpatan, Celso C, Magcantara, Joselito F. Cabeza, JamoreA. Manlinab, Romeo C. Legal, Custodia F. Cabeza, JuanitoD. Olaya, Loreto NI. Masoria, Crisanto V. 8angian, RobertoC. lVIadino, Querrnan C. Madino, Banoy M. Ecmatan,Bienvenido M. Madir]o, Antonio C. Madino, Hoqelio Masona,Arternio M, Maqcanlara, Rarnel Morada, by virtue of, theCommunity Resoluti ns hereto attached as Annex "8", ,and Pantukan Fede ation of Mansaka Tribal Council, Inc.("PFtvlTCI"), represe ted by Hon. Melindo Lee, by virtue ofTribal Resolution at ached herewith as Annex "C", , inaccordance with the ustoms and traditions of the MansakaTribe, !lereinafter refe ed to as "WfANSAKA";

WITNESSETH THAT:

VVHEBEAS, NiJ.DECOR is a corporation' duly authorized under Philippine lawsto engage in mineral exploration,· development and production and other relatedactivities pursuant to an existing Mineral Production ShEHing Agreement (MPSA) .denominated as 009-92-XI under original date of April 29, 'j 9D:2 consisting of an area o~One Thousand and Six Hundred and Fifty Six (1,656) hectares, more or less, a portionof which is located in Baranqay Kingking, Municipality of Pantukan, Province ofCompostela Valley (Uae f(jn~J!JJJ Project);

WHEREASl l!t1ANSAKA represents the Indigenous CulturalCommunity/Indigenous Peoples belonging to the Mansaka Tribe of Barangay Kingking,Municipality of Pantukan~ Province of C;ornposte!i:} Valley, and have been the

pre~rni 'ant sett.l~r~r.nhabl,ants th~rein,Since time imme

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