TABLE OF CONTENTS
PART I - CONSTITUTIONAL INSTRUMENTS
ARTICLES OF INCORPORATION
BY - LAWS
SAMPLE OF CONTRACT TO SELL
SAMPLE OF DEED OF ABSOLUTE SALE
DEED OF RESTRICTIONS
PART II - RULES AND REGULATIONS
ELECTION OF THE MEMBER OF THE BOARD OF DIRECTORS
CONSTRUCTION OF VARIOUS BUILDING AND STRUCTURES
USE OF COMMUNITY FACILITIES AND OTHER COMMON AREAS
RULES AND REGULATIONS GOVERNING THE VILLAGE HOMEOWNERS ASSOCIATION
ARTICLES OF INCORPORATION
TAGAYTAY SOUTHRIDGE ESTATES VILLAGE HOMEOWNERS ASSOCIATION, INC
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, the undersigned, all of legal age, Filipinos, and residents of the Republic of the Philippines, have this day voluntarily associated ourselves together for the purpose of establishing a non-stock, non-profit corporation under the laws of the Republic of the Philippines, particularly Section 2(a) of the Executive Order No. 535 dated May 3, 1979;
AND WE HEREBY COLLECTIVELY CERTIFY, THAT:
FIRST: That the name of the said Corporation shall be TAGAYTAY SOUTHRIDGE ESTATES VILLAGE HOMEOWNERS ASSOCIATION, INCORPORATED.
A parcel of land (consolidation of lots, 3825, Tagaytay Cadastre PSU - 12692 and PSU - 1264), situated in Barangay Sungay, Tagaytay City. Bounded on the South and Southwest by Provincial Road and Heirs Ernesto Para; on the Northwest by a creek; on the Northwest by a creek and beyond is the property of the Heirs Luis Jose Manimtim, ET AL xxxxx containing an area of four Hundred Ninety Thousand (490,000) Hectares, more or less, All points referred are to indicated on the plan and are marked on the ground by PS. cyl. conc. mons. 15 x 40 cmc; Bearings : True
SECOND: That the purposes for which the Corporation was formed are as follows:
- Clubhouse ans swimming pool / tennis courts
- Parks and Open Spaces
- Water System
- Security System
- Street Lighting
- Garbage Collection and Disposal
- Street and pathways
- Drainage System
- Entrance Plaza
5. To establish other facilities or services it may deem necessary;
6. To appoint or hire an Administrator for the association to take charge of the overall
operation, management and maintenance of the entire Subdivision;
7. To levy and collect fees and charges from homeowners and lot owners for the
maintenance and provision of common facilities and services
8. To borrow or contract, and
9. Enter into contracts, and
10. Perform such other acts necessary to carry out any or all of the forgoing.
THIRD: That the principal office of the Association shall be at the Clubhouse, Tagaytay
Southridge Estates, Tagaytay City
FOURTH: That this corporation shall legally exist and operate for a period of fifty (50) years
from its registration.
FIFTH: That the incorporators of this Corporation are lot owners and / or homeowners
from the different phases of Tagaytay Southridge Estates Their names residencies,
and nationalities are as follows:
NAME NATIONALITY ADDRESS
1. Rey Ignacio M. Diaz Filipino #2 Pines drive Tierra Evelina Homes
Evelina Homes, Culiat,
2. Jose E. Po Filipino #50 Edward VIII Street,
3. Ronnie C. Marquez Filipino 39 Panay Avenue, Quezon City
4. Carlos C. Bacila Filipino 1139 Antipolo Street,
Rizal Village, Makati, Metro Manila
5. Augusto S. Refran Filipino Feria Compound,
Capitol Site, Q.C.
6. Bob C. Zulueta Filipino # 33 Dona Eva St.,
Irene Ville Subdivision
7. Honorio A. Almieda Jr. Filipino # 29 S-1 13th Avenue
Cubao, Quezon City
8. Roman Nepomuceno Jr. Filipino # 31 E. Maya, Philam, Quezon City
9. Roland N. Gabriel Filipino 1165 Brazilla St.,
Gatchalian, Las Pinas,
SIXTH: That the number of Directors of the Association shall be nine (9) and the names and addresses of the said directors, who shall serve and hold office until their respective successors are elected and confirmed as per the By-Laws are as
1. Rey Ignacio M. Diaz Filipino #2 Pines Drive, Tierra
Evelina Homes, Culiat
2. Jose E. Po Filipino 50 Edward VIII Street
3. Bob C. Zulueta Filipino # 33 Dona Eva St.,
Irene Ville Subdivision
4. Augusto S. Refran Filipino Feria Compound
Capitol Site Q. C.
5. Ronnie C. Marquez Filipino # 39 Panay Avenue
6. Carlos C. Bacila Filipino 1139 Antipolo Street,
Rizal Village, Makati,
7. Honorio A. Almeida Jr. Filipino # 29 S-1 13th Avenue
Cubao, Quezon City
8. Roman Nepomuceno Jr. Filipino # 31 E. Maya, Philam
9. Roland N. Gabriel Filipino 1165 Brazilla St.,
Gatchalian, Las Pinas
SEVENTH: That the present members of the Association are those incorporators and Directors named herein, and that additional members may be submitted in accordance and Guaranty Corporation (HIGC) from time to time.
EIGHTH: That the Association shall be maintained by fess, dues ans assessments on charges paid by its members, other income it may derive from fund-raising campaigns, some livelihood and economic activities, and voluntary contributions, donations, or loans from persons, firms and other entities.
NINTH: That the initial operating capital of the association shall be PESOS: FOUR THOUSAND FIVE HUNDRED (P4,500) ONLY, contributed by the Directors named herein who provided PESOS: FIVE HUNDRED (P500.00) ONLY each.
TENTH: That RONNIE C. MARQUEZ has been elected by the members of the Association as Treasurer, to act as such until his successor is duly elected and sworn in accordance with the by-laws and that, as such Treasurer, he has been authorized to receive for the Association, to issue in its name receipts for all Contributions paid in by the members, and to disburse fund.
IN WITNESS WHEREOF, we have hereunto set our hands this 28thday of October 19 93 in Quezon City Philippines.
(SGD.) REY IGNACIO M. DIAZ
(SDG.) JOSE E. PO (SGD.) HONORIO A. ALMEIDA JR.
(SGD.) BOB C. ZULUETA (SGD.) ROMAN M. NEPOMUCENO
(SGD.) AUGUSTO S. REFRAN (SGD.) ROLAND N. GABRIEL
(SGD.) RONNIE C. MARQUEZ (SGD.) CARLOS C. BACILA
BY-LAWS OF THE
TAGAYTAY SOUTHRIDGE ESTATES VILLAGE HOMEOWNERS ASSOCIATION, INC
ARTICLE I - NAME
The name of the Association shall be TAGAYTAY SOUTHRIDGE ESTATES VILLAGE HOMEOWNER ASSOCIATION, INCORPORATED, hereinafter referred to as the Association.
ARTICLE II - DOMICILE
The permanent domicile and principal address of the Association shall be the Clubhouse, Tagaytay Southridge Subdivision, Tagaytay City, Philippines
ARTICLE III - MEMBERSHIP
Sec. 1 Scope of Membership - All real estate owner, buyers, or long term lessees of lots or house and lots within the Tagaytay Southridge Estates Subdivision shall automatically become members of the Association. Long-term lessees shall be considered members of the Association in lieu of the owner and shall enjoy all the rights and privileges of a member, as well as perform all the duties and responsibilities thereof. A lease shall be considered long-term if the lease contract is in writing and covers a period of at least one year.
Sec. 2 Rights and Privileges of Members - Every member in good standing shall enjoy the following rights and privileges:
a. Vote on all matters and / or issues brought before the general membership;
b. To be eligible for any elective or appointed office or position in the Association;
c. Actively participate in all the deliberations among the members and to take part
in any activity or project undertaken by the Association; and
d. Avail himself/herself/itself of any or all the facilities and amenities provided
and/or services rendered by the Association or Moldex Realty Inc.
Sec. 3 Duties and Obligations of Members - A members shall be expected to
faithfully comply with the following duties and obligations:
a. Pay promptly his / her / its membership fees, Association dues, and other
charges, dues and special assessments that may be levied by the Association
from time to time;
b. Actively participate in all Association activities and projects, and attend all
meetings and gatherings of the Association;
c. Respect and comply with the By-Laws and all the policies, rules and regulations
promulgated by the Association; and
d. Recognize and respect the position and authority of the elected and appointed
Sec. 4 Lien Against Members Properties - Any and all unpaid dues and assessments
on members, including all penalties and surcharges thereon, shall constitute a lien
on their respective properties, subordinate only to liens of the government,
Moldex Realty, Inc. or voluntary mortgages. Defaulting members shall likewise be
liable for the cost of suit. Attorney's fees and damages in the event of litigation
necessitated to enforce payment of their obligations.
Sec. 5 Assignment of Membership Rights - Membership rights may be assigned by
the property owner to his / her / its tenants or long-term lessees, provided
however that he / she / it shall remain to be principally and primarily liable to the
Association for violations of these By-laws or any of the rules and regulations of
of the Association.
Such assignment of rights must be in writing, a copy of which shall be submitted
to the Association Secretary. The Deed of Assignment must clearly specify the
property subject to the assignment and should likewise clearly specify the duration
thereof, otherwise the same shall be considered valid and effective until the
Assigned ceases to be the tenant
Sec. 6 Proxy - Any member of the Association or his/ her / its assigned may
be represented by a proxy in any meeting, gathering or elections of the
Association. The board of directors may promulgate rules and regulations
governing the appointment and use of proxies subject to the provisions by this
By-Laws, and consistent with the relevant provisions of the Phil. Corporation Laws
and other related laws. Unsold lots in the Subdivision shall be represented by
Moldex Realty, Inc. or its duly authorized representatives, who shall be considered
as regular member of the Association.
ARTICLE IV - DIRECTORS AND OFFICERS OF THE ASSOCIATION
Sec. 1 Board of Directors - The Association shall be headed and governed by a Board
of Directors consisting of nine (9) members elected by the general membership, and
which shall elect and/ or appoint among its members the following officers who take
charge of the normal day to day operations who shall execute the policies rules and
regulations of the Association:
b. Vice - President
The Secretary and the Administrator however may not necessarily be a Director.
Sec. 2 Powers and Functions of the Board of Directors - The Board of directors
shall be responsible for the effective attainment of the objectives and purposes for
which the Association was established. It shall be vested with the power to promulgate
the policies, rules and regulations, and guidelines governing the over-all affairs of the
Association and shall task the officers for the efficient, timely and consistent
Sec. 3 Qualifications of Directors - A Director shall be a member of good standing, of
good moral character, and with no criminal record or whatsoever. The term good
standing shall mean that the member must not have any outstanding obligation to the
Association, and is not the current subject of any sanction or penal action of the
Sec. 4 Election and term of Office - The Directors shall be elected by the general
membership in a secret ballot to be held during the annual meeting of the
Association. The Directors so elected shall serve for one (1) year or up to the
induction of the succeeding set of Directors, unless any Director is removed from the
office earlier as provided for in this By-Laws.
Sec. 5 Removal of Directors - Any Director maybe removed from the office by a simple
majority vote of the members present in any meeting, regular or special, of the
Association. Any vacancy arising from such removal, or from the resignation or death,
of any Director maybe filled up by the same simple majority of the members present
during the meeting. The elected Director shall serve the unexpired term of the
ARTICLE V - DUTIES AND RESPONSIBILITIES OF THE OFFICERS
Sec. 1 President:
a. Preside over-all meetings of the Board of Directors and the general membership.
b. Supervise and oversee the over-all operation of the Association monitor all
projects and ensure compliance of all members with the policies, guidelines, and
the rules and regulations of the Association.
c. Represent the Association, enter into and execute all contracts agreements,
covenants, or any document related thereto in the name of the Association.
d. Countersign all check, drafts, notes, and orders for payment chargeable against
e. Hire, transfer or terminate any employee of the Association, subject however
to the approval of board of Directors.
Sec. 2 Vice-President: The Vice-President shall assume the position of the President,
including the powers and functions, in the latter's absence or incapacity.
Sec. 3 Secretary:
a. Keep and maintain complete accurate records of the minutes of all meetings of
the Board pf Directors and the general membership of the Association, and all
documents pertaining to the official acts and deeds of the Association.
b. Issue and serve notices of meetings to all concerned, and post/ disseminate all
information pertaining to the Association and/or announcements and
promulgations of the Board of Directors.
c. Maintain and update record of the membership of the Association including all
pertinent and/or required information on each member.
Sec. 4 Treasurer:
a. Being the financial officer of the Association, he/she shall gave the custody and
responsibility over-all the funds and legal tender of the Association.
b. Keep and properly maintain the books of accounts of Association, render
periodic statements of assets and liabilities of the association of the approval
of the Bord of Directors, and constant and accurate accounting of all financial
transactions of the Association.
c. Subject to the countersignature of the President, and subject further to the
approval of the Board of Directors, sign all checks, drafts, notes or orders in
payment for any obligation of the Association, withdraw funds for official
expenses, and or receive all payments or commercial papers in the name
of the Association.
d. The Treasurer shall be required to post a bond for the faithful performance of
his/her functions, the premium for which shall be for the account of Association.
The amount of the bond shall be determined by the Board of Directors.
e. The board of Directors may name and appoint any reputable firm, entity or
qualified individual to perform the functions of the Treasurer, in which case
the position of the treasurer maybe dispensed with.
Sec. 5 Auditor - The Auditor shall periodically examine the books of accounts of the
Association, audit financial statements submitted by the Treasurer, and render
his/her report containing his/her findings on the financial status of the Association.
Sec. 6 Administrator:
a. Manage the normal daily affairs of the association, supervised the proper
operation and maintenance of all facilities, structures and services under the
control of the Association, and monitor the various activities of the Association.
b. Supervise and monitor the collection of dues, assessments and fees from the
c. Perform other tasks as maybe assigned and/or delegated to him/her by the
Board of Directors.
ARTICLE VI - MISCELLANEOUS PROVISIONS
Sec. 1 Effectivity of Rules - Unless provided otherwise in these By-Laws, all policies,
guidelines, rules and regulations promulgated by the Board of Directors
concerning the imposition and collection of fees, dues, charges, and other
assessments, or the use of the facilities and services rendered by the
Association or the imposition of any sanction against members of the
Association, shall take effect only at least ten (10) days after the official posting
thereof in the bulletin board of the Association, or the receipt of the written
notice by the member concerned.
Sec. 2 Fiscal Year - The association shall officially adopt the calendar year for fiscal and
other administrative operations.
Sec. 3 Annual Meetings and Elections - There shall be a regular annual membership
meeting where the election for the members of the Board of Directors shall be
held, among other matters. The first annual meeting shall be held on the third
Saturday of the month following the approval of the registration of the Association
by the HIGC. Succeeding annual meetings shall be determined by the general
membership during the first meeting.
Sec. 4 Other Meetings - The Board of Directors shall have its regular monthly meeting at
3:00 p.m. of the third Saturday of every month. The president may call special
meetings of the Board of directors or the general membership to take up specific
matters and/or issues whenever necessary.
Sec. 5 Quorum - The attendance of simple majority of the members of the Board of
Directors shall constitute quorum and any matter taken up in that meeting shall
be considered an official act of the Board of Directors, and a simple majority vote
of the members present in the said meeting shall then be deemed as an official
decision and bid the Association.
Sec. 6 Committee on Elections - A Committee on Elections, tasked to promulgate
guidelines, rules and regulations governing the election of the members of the
Board of Directors, to supervise the occurrence and conduct thereof, and to
proclaim winners, shall be constituted of the President, subject to the approval of
the Board of Directors at least thirty (30) days prior to any election.
For the first election, the Committee shall be composed of one (1) representative
from Moldex Realty, Inc. to act as the Chairman, and one (1) representative from
the HIGC and the interim Secretary of the Association of the members.
Sec. 7 Annual Report - The President shall cause the preparation of the annual report of
the Association and its publication/ circulation among the members at least ten
(10) days before the next annual meeting. The annual report shall contain the
accomplishments of the Association, its financial status and a consolidated
financial statement covering the fiscal year in review.
Sec. 8 Corporate Seal - The association may adopt corporate seal which shall then be
parts of its official identity.
Sec. 9 Separability - Should any provision of this By-Laws be ruled by the competent court
as unconstitutional or contrary to law, the other parts or provisions not affected
thereby shall remain in full force and effect.
Sec. 10 Amendments - This By-Laws, or any portion or provision thereof, may be
amended, revised or otherwise rescinded in any matters by the Board of Directors,
subject to the approval and confirmation of the general membership in any regular
or special meeting, provided however that the notice for the said meeting shall
contain a fair statement of the proposed amendments, revisions or rescissions
Sec. 11 Effectivity - This By-Laws shall take effect immediately upon its approval by HIGC.
If not action is made by the HIGC on this By-Laws within fifteen (15) days after filing
thereof, the same shall be deemed approved after the lapse of the said period.
ADOPTED THIS 27th day of October 1993 at Tagaytay City, Philippines the Board
of Directors of the TAGAYTAY SOUTHRIDGE ESTATES VILLAGE HOMEOWNERS ASSN., INC.
(SGD.) REY IGNACIO M. DIAZ
(SGD.) JOSE E. PO (SGD.) HONORIO A. ALMIEDA JR.
(SGD.) BOB C. ZULUETA (SGD.) ROMAN M. NEPOMUCENO
(SGD.) AUGUSTO S. REFRAN (SGD.) ROLAND N. GABRIEL
(SGD.) RONNIE C. MARQUEZ (SGD.) CARLOS C. BACILA
CONTRACT TO SELL
PROJECT CONTRACT NO.
LOCATION CONTRACT PRICE
LOT NO. UNIT PRICE
BLOCK NO. DOWN PAYMENT
PHASE NO. BALANCE
LOT AREA SQM. MONTHLY
KNOW ALL MEN BY THESE PRESENTS:
This Contract to Sell, hereinafter refered to as the CONTRACT, made and executed by
MOLDEX REALTY, INCORPORATED, a private corporation duly organized and
existing under and by virtue of the laws of the Philippines, with business address
at Moldex Building, Ligaya Street,m West Triangle, Quezon City, represented in
this act by its Director, RICHARD O. UY, and hereinafter referred to as the VENDOR
and hereinafter referred to as the PURCHASER;
WITNESSETH, THAT :
WHEREAS, the VENDOR is the registered owner and/or duly authorized marketing
agent of that certain parcel of land, hereinafter referred to as the PROPERTY, situated at
and more particularly described as
Lot No. , Block No. , Phase No. of
the approved subdivision plan, containing a total area of
( ) square meters, more or less, and covered
by Transfer Certificate Title No. of the Registry of Deeds for ;
WHEREAS, the PURCHASER is interested and willing to buy the PROPERTY from the
VENDOR, who is likewise willing to sell the same to the former;
NOW, THEREFORE, premises considered, the VENDOR hereby contracts and obligates
itself to sell the PROPERTY to the PURCHASER who contracts and obligates himself/herself
/itself to buy the same from the VENDOR under the following terms ans conditions:
1. CONSIDERATION. The PURCHASER hereby agrees to pay the VENDOR the total
contract price of PESOS; ( ) ONLY,
Philippine Currency, at the latter's office, without the necessity of demand or the services of a
collector, in the following manner:
1.1 The total down payment of PESOS:
( ) ONLY, Phil. Currency, which is hereby acknowledged to have been
received by the VENDOR with full satisfaction;
1.2 The balance of PESOS: ( )
ONLY, Phil. Currency, shall be payable together with interest at ( )
percent per annum to accrue form , with both principal and
interest payable in ( ) consecutive equal
monthly installments of PESOS; ( )
ONLY, Phil. Currency, with the first installments due and payable on and
succeeding installments due and payable every of each month thereafter
until such balance is full paid.
1.3 All payments made by the PURCHASER shall be applied and accounted for
in the following order:
1.3.1 To any and all surcharges and/or other penalties due and outstanding,
1.3.2 To any and all interests due and outstanding,
1.3.3 To any assessment on the PROPERTY as provided herein, and
1.3.4 To the outstanding balance of the principal.
2. PAYMENTS OF INSTALLMENTS. All payments under this CONTRACT shall be
made by the PURCHASER at the VENDOR office at the Moldex Building, Ligaya Street, West
Triangle, Quezon City. It is expressly understood that any and all payments made by the
PURCHASER to any real estate broker and/or their agents, or any person or entity not directly
employed with and authorized by the VENDOR, SHALL BE THE SOLE RESPONSIBILITY AND
RISK OF THE PURCHASER, and no receipt other than the official form of the VENDOR, duly
issued and signed by the VENDOR cashier and/or authorized officer, shall be honored or
recognized as evidence of payments of the PURCHASER.
3. SURCHARGE FOR LATE PAYMENTS. In any case of default, the PURCHASER
shall pay surcharge equivalent to five (5) percent of the monthly installment as stipulated in
Clause No. 1.2 herein for every month in arrears from the time the specific installment due
and payable, or any fraction thereof, except in cases where forfeiture proceedings have been
effected in accordance with Clause No. 8 and 9 hereof, in which case the provisions of said
Clause Nos. 8 and 9 shall prevail.
4. POSSESSION OF THE PROPERTY. The PURCHASER shall be deemed to enjoy
possession of PROPERTY immediately upon execution of this CONTRACT, subject however to
the provisions of Clause No. 11. The ownership of the title to the same PROPERTY shall
however remain with the VENDOR until after the total contract price and all surcharges,
penalties and other accounts provided for under this CONTRACT have been fully paid by the
5. TAXES AND OTHER ASSESSMENTS. The PURCHASER agrees and binds
himself/herself/itself to pay, commencing the taxable year after immediately execution of
this CONTRACT, the real estate taxes and all other special taxes and/or assessments that
may hereafter be levied on the PROPERTY, within the period prescribed by law. For the
purpose of exigency, the VENDOR may advance the required thirty (30) calendar days from
the date ofthe corresponding notice and/or billing the VENDOR. Should, the PURCHASER fail
toreimburse the VENDOR for the any advances made for this purpose within the said period,
the same amount shall be automatically included in his/her/its outstanding obligation as
stipulated in Clause No. 1.3.3 herein, which obligation shall bear interest similar to that of
the principal balance.
6. DOCUMENTARY STAMPS AND OTHER INCIDENTAL REGISTRATION
EXPENSE. The documentary stamps, transfer tax, registration fees, notarial fees, and other
expenses incidental to and necessary in the registration of the title to the PROPERTY in the
name of the PURCHASER shall exclusively be for his/her/its account.
7. DEED OF ABSOLUTE SALE. The VENDOR agrees to execute the Deed of
Absolute Sale over the PROPERTY in favor of the PURCHASER immediately upon complete
payment of any and all accounts and obligations under this CONTRACT. It is expressly
understood that the ownership of and title to the PROPERTY shall remain with the VENDOR
until such accounts and obligations have been fully paid.
8. AUTOMATIC CANCELLATION OF THE CONTRACT FOR FAILURE TO PAY
ACCOUNTS. Without prejudice to the rights and/or causes of action of the VENDOR under
this CONTRACT as stipulated herein, it is hereby expressly agreed that, in the event, the
PURCHASER fails to whatever reason to pay any of the monthly installments, including
interest, surcharges, and penalties thereon, as well as other assessments, within the grace
period provided for in this CONTRACT, the VENDOR shall immediately send a notarized
Notice of Cancellation to the PURCHASER and should he/she/it still fail to fully settle
his/her/its outstanding accounts within thirty (30) days upon service thereof, this
CONTRACT shall be considered automatically cancelled, without the need for any court
action or order. The transmittal of the notarized Notice of Cancellation by registered mail to
the PURCHASER shall be deemed sufficient service thereof for this purpose, irrespective
whether it was personally and/or actually received by the PURCHASER or not.
9. GRACE PERIODS AND FORFEITURE OF PAYMENTS. The PURCHASER shall
be entitled to the following grace period from the date the particular payment becomes due
within which to fully settle his/her/its accounts before the VENDOR automatically sends the
notarized Notice of Cancellation, with the corresponding treatment of all payments made
under this CONTRACT should be canceled consequently.
9.1 In case the PURCHASER has made the equivalent of less than twenty four (24)
months of installments, he/she/it shall be provided with a grace period of
sixty (60) calendar days from the date any installments becomes due and
payable. In the event this CONTRACT is canceled under this condition, any
and all payments made by the PURCHASER shall be considered and become
rentals on the PROPERTY.
9.2 In case the PURCHASER has paid the equivalent of at least twenty four (24)
monthly installments, he/she/it shall be provided with sixty (60) calendar days
grace period for the first two (2) years of equivalent installments, plus
an additional grace period of five (5) calendar days for every two (2) months
of equivalent installments thereafter. In the event this CONTRACT is canceled
under this condition, the VENDOR shall refund to the PURCHASER the cash
surrender value of all the payments made on the PROPERTY, equivalent to
fifty (50) percent of the total payments made by the PURCHASER less all
interests, surcharge, penalties, assessments, expenses, and taxes advanced
by or other financial obligations due to the VENDOR under this CONTRACT.
The payment of the said cash surrender value to the PURCHASER shall be
deemed to be effected and complied with upon service of the notice of
availability of the check payment to the PURCHASER.
Regardless of the condition under which this CONTRACT is canceled any and
all improvements on the PROPERTY shall be automatically forfeited in favor
of the VENDOR as penalty, without the right to the reimbursement on the part
of the PURCHASER. In case of the cancellation of this CONTRACT, the VENDOR
is entitled to immediately take physical possession of the PROPERTY, together
with all improvements found thereon, without the need for court action or
order, and should the PURCHASER be in actual possession thereof, he/she/it
shall be considered as a mere intruder and/or unlawful detainer of the same,
without any further right, title, interest or claim of any kind or character to the
PROPERTY and its improvements. The VENDOR shall be at liberty to dispose
of and sell this PROPERTY and/or the improvements thereon to any party or
entity as if this CONTRACT was never executed or entered into. In any of the
above cases, the VENDOR or its authorized representative/s shall have full
rights to enter into the PROPERTY to take possession of the same and take
whatever action as necessary or advisable to protect its interests thereon, and
nothing that may done or made or caused to be done or made by the
PURCHASER shall revoke this rights or denial thereof.
10. OTHER GROUNDS FOR AUTOMATIC CANCELLATION TERMINATION
OF THIS CONTRACT. It is hereby expressly agreed that, should the PURCHASER violate for
any reason whatsoever any of the covenants, terms and conditions set forth and stipulated
herein, other than for non-payment or installments and other outstanding accounts which is
governed by Clause No. 8 hereof, this CONTRACT shall be considered automatically
rescinded and canceled without the need for court action or order. All payments and
improvements on the PROPERTY shall be treated and disposed of in accordance with the
provisions of Clause no. 9.
11. RESTRICTIONS. The PROPERTY shall be covered by and subject to the
Deed of Restrictions attached herewith as Annex A and the following
ancillary documents which are hereby made integral parts of this CONTRACT:
11.1 Rules and Regulations Governing the Homeowners'/Village Association of
11.2 Rules and regulations Governing the Election of Directors and Officers of
the Homeowner's/Village Association.
11.3 Rules ans Regulations Governing the Use of Community Facilities and
Public Areas in the Subdivision; and
11.4 Rules and Regulations Governing the Construction of Various Structures in
The Deed of restrictions shall be annotated at the back of the covering Transfer
of Certificate of Title for the PROPERTY and shall be effective and valid for fifty
(50) years from the date of execution of this CONTRACT. The PURCHASER
hereby agrees and obligates himself/herself/itself to comply with any and all
provisions and/or requirements of the Deed of Restrictions and the ancillary
documents,including such amendments and/or additions thereto which maybe
promulgated by the VENDOR or the Homeowners'/Village Association from time
to time. Any and all violations thereof shall be sufficient and justifiable grounds
for the automatic cancellation of this CONTRACT as provided for in Clause No.
10, unless such violations are covered by specific sanctions and/or penalties
stipulated in the Deed of Restrictions and/or any of the ancillary documents, in
which case the said specific sanctions and/or penalties shall govern.
12. PROHIBITION ON USE OF PROPERTY AS ACCESS OR RIGHT-OF-WAY.
It is hereby expressly agreed that the PROPERTY shall not in any way and under any
circumstance be used as access or right-of-way to any other lot/s or property/ies beyond or
adjoining the subdivision, whether the said lot /s or property/ies are own by the PURCHASER
or not. In case of any violation hereof, the VENDOR reserves the right to
cancel this CONTRACT in accordance with the pertinent provisions of the Deed of the
13. TRANSFER OF RIGHTS. The PURCHASER may not in any way and under
any circumstance sell, convey, cede, transfer or otherwise encumber any or all of
his/her/its rights and interests over the PROPERTY and obligations under this CONTRACT
without the written consent and approval of the VENDOR. Any sale, conveyance, cession,
transfer or encumbrance of the rights, interests, obligations of the PURCHASER maybe
allowed by the VENDOR only if the PURCHASER fully updates his/her/its due accounts within
the prescribed grace period and provided that there is no violation of this CONTRACT and/or
the Deed of Restrictions. Any sale, conveyance, cession, transfer or encumbrance made in
violation hereof shall be considered ipso facto null and void and without binding affect
whatsoever on the VENDOR.
14. AMENDMENT/S ON THE SUBDIVISION PLAN. Should any government
agency or instrumentally empowered by law caused or authorized amendments on the
subdivision plan involving the PROPERTY, the VENDOR shall make and effect the appropriate
adjustments with the objective of making the lots in the original plan conform to the
amended plan. In such an event, this CONTRACT shall remain valid and binding on both
parties herein and there shall be no change in the stipulation herein except only that caused
by the adjustment of the area/s of the PROPERTY and the proportionate increase or decrease
of the total contract price computed at the same unit price stipulated herein.
15. IMPROVEMENTS REQUIRED BY THE GOVERNMENT. The PURCHASER
shall do at his/her/its own expense any filling or other improvements that any agency or any
competent authority of the government may require. Should the PURCHASER fail to comply
with such requirement, the VENDOR shall do work itself and charge the PURCHASER the cost
thereof. Should the PURCHASER fail to reimburse the VENDOR for the cost of the required
improvements, the said amount will be incorporated into the principal balance payable under
16. EXPROPRIATIONS. Should, at any time before the full payment of the total
contract price, the government or any of its instrumentalities or any authorized public entity
shall condemn or expropriate the PROPERTY or any part thereof, any and all of the
obligations of the PURCHASER under this CONTRACT, particularly those concerning payment
of installments, shall not in any way be affected. This notwithstanding, the VENDOR hereby
reserves the right to deal and negotiate on and/or receive the proceeds from the
expropriation and condemnation in behalf of the PURCHASER. It is hereby expressly
understood that the proceeds from the expropriation shall first be applied to the
outstanding balance, including surcharges, penalties and other assessments, on the
17. MEMBERSHIP IN THE HOMEOWNERS'/ VILLAGE ASSOCIATION. Upon
execution of this CONTRACT, the PURCHASER shall automatically become a member of the
Homeowners'/ Village Association, Inc., and is
required to pay the prescribed membership fee. As a member thereof, the PURCHASER
hereby commits and obligates himself/herself/itself to faithfully abide by all the rules and
regulations promulgated by the Board of Directors of the Association and to maintain
his/her/it good standing at all times by promptly paying all dues, fees, charges and other
assessments that the Association may levy from time to time.
18. CONSTRUCTION OF RESIDENTIAL/ COMMERCIAL STRUCTURES. The
PURCHASER hereby agrees to start the construction of his/her/its residential house or
commercial building, depending on the classification of the PROPERTY as specified in the
Deed of Restrictions, within thirty six (36) moths from his/her/its possession of the
PROPERTY or the date of the execution of the Deed of the Absolute Sale, whichever is earlier.
The construction of any and all structures of the PROPERTY shall be in accordance with the
Deed of Restrictions and the Rules and regulations Governing the Construction of Various
Structures in the Subdivision, and shall be subject to the written approval of the VENDOR,
which approval shall not unnecessarily be withheld unless the PURCHASER is in arrears with
respect to obligations under this CONTRACT and/or with the Homeowners'/ Village Association.
Failure in the part of the PURCHASER to start the construction within the period specified
herein shall give the VENDOR the right to purchase the PROPERTY at the original contract
price by reimbursing the former whatever he/she/it has paid on account of the principal.
19. INVESTIGATION OF THE PROPERTY. The PURCHASER hereby makes
manifest and represent that he/she/it has completely investigated and inspected the
PURCHASER and is fully satisfied with its condition, fitness and value, and has found no
squatter nor any adverse occupant whatsoever thereon.
20. WARRANTIES. The PURCHASER hereby agrees and makes manifest that
this CONTRACT, including the Deed of Restrictions and ancillary Rules and Regulations,
states his/her/its entire agreement with the VENDOR, and that this CONTRACT was not
procured through any statement, representation, warranty or guaranty not contain herein.
The PURCHASER likewise agrees that neither he/she/it nor the VENDOR shall bed bound by
any representation, stipulation, agreement or promise is reduced in writing, signed by both
parties and made an addendum to this CONTRACT. The PURCHASER also represents that
this entire CONTRACT, including the Deed of Restrictions and the ancillary Rules and
Regulations, was read and/or translated to him/her/it in the language or dialect known and
understood by him/her/it.
21. JOINT AND SOLIDARY OBLIGATION. If the PURCHASER herein is
composed of two or more persons or entities, any and all of the obligations herein
contracted, and all the agreements, covenants, representations and manifestations contained
herein are deemed made by said persons or entities in their joint and Solidary capacities.
22. The VENDOR hereby retains all the rights, title, ownership and/or interest
over any creek/river/waterway, whether flowing or dry, or any similar area adjacent to the
PROPERTY, if any, including the right to quiet title thereto and/or claim such area.
23. The PURCHASER hereby agrees that whatever consideration the VENDOR
may give or provide to him/her/it, such as not exacting strict compliance with any of the
terms and conditions of this CONTRACT or any Condonations of his/her/its obligation
herein, shall not in any way be construed as a renunciation or abandonment of the latter's
rights under this CONTRACT, in case of any default or non-compliance of the PURCHASER.
24. PROVISIONS FOR EXTRAORDINARY INFLATION. It is expressly agreed
and understood herein that should there be any extraordinary inflation that may occur, and
recognized by competent government authority, at any time during the effectivity of this
CONTRACT, any amount or obligation unpaid by the PURCHASER of the date of the
occurence of such extraordinary inflation will be adjusted upwards in proportion to the
degree of such inflation.
25. DOCUMENTATION FEES AND CHARGES. The PURCHASER agrees to pay
the following additional fees and charges:
25.1 P200.00 for a true copy of the lost CONTRACT and/or Deed of
25.2 P500.00 for amendments of the CONTRACT, if such amendments are
introduced by the PURCHASER; and
25.3 P1,500.00 for any transfer of rights per lot.
26. INDEMNITY AND ATTORNEY'S FEES. In the event of litigation or suit
arising from this CONTRACT, the parties herein hereby agree that the venue of the legal
action shall be in the proper court in Quezon City only. Should the VENDOR resort to court
action in order to enforce any of the covenants herein, and/or to protect the rights and
interest, and, to redress its grievances relative to the PROPERTY and/or the use thereof, the
PURCHASER shall be obliged to pay the VENDOR by way of Attorney's fees a reasonable sum
which is no case shall be less than Pesos: Fifteen Thousand (P15,000.00) only if the case is
resolved at the Metropolitan Trial Court, plus an additional Pesos: Twenty Thousand
(P20,000.00) only if the case is elevated to or originally instituted in the Regional Trial Court,
plus a further Pesos: Thirty Thousand (P30,000.00) only if the case is elevated to the Court
of Appeals, and an additional Pesos: Twenty Thousand (P20,000.00) only if the case reaches
the Supreme Court. The foregoing sums do not include the cost of litigation and other
damages, consequential or actual, to which the VENDOR maybe entitled by law and which the
PURCHASE shall likewise pay. The term court shall include the Housing and Land Use
27. POSTAL ADDRESS AND THE PURCHASER. The residence of the
PURCHASER indicated on this CONTRACT shall be his/her/its official address, and all
communication sent by the VENDOR through this address shall bind the PURCHASER. in case
of a change in address, the PURCHASER shall inform the VENDOR in writing, otherwise the
VENDOR shall not be bound by such change.
28. LOST CONTRACT. In case the PURCHASER loses his/her/its copy of this
CONTRACT, he/she/it must notify the VENDOR immediately in writing, the VENDOR shall not
be liable in any way for any damage or adverse consequence arising out of the use of such
lost copy of the CONTRACT.
29. SEPARABILITY CLAUSE. Should any provision of this CONTRACT be
declared by the competent court null and void, such nullity of the said provision shall not in
any way affect the validity of this CONTRACT as far as the rest of the provisions are
concerned which shall be valid and binding on both parties herein.
IN WITNESS WHEREOF, the parties herein have set their hands this
day of 19 , at Quezon City Philippines.
MOLDEX REALTY, INC. Vendor Purchaser (Husband) By;
RICHARD O. UY Director Purchaser (Wife)
SIGNED IN THE PRESENCE OF:
REPUBLIC OF THE PHILIPPINES ) Quezon City ) S.S.
BEFORE ME, a Notary Public, personally appeared this day of
19 the following persons with their respective Community
Tax Certificates, to wit:
known to me to be the same persons who executed the foregoing instrument and they
acknowledged to me that the same is their own free and voluntary act and deed as well as
that of the corporation/s that they represent.
Doc . No.
DEED OF RESTRICTIONS
TAGAYTAY SOUTHRIDGE ESTATES SUBDIVISION
REFERENCE : CONTRACT TO SELL NO/S.
SUBJECT : PURCHASER
LOT NO/S. BLOCK NO/S.
PHASE NO/S. TOTAL AREA SQM.
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, the subject Purchaser (hereinafter referred to collectively as the PURCHASER) has entered into and executed the above-referenced Contract to Sell (hereinafter referred to as the Contract) with Moldex Realty, Incorporated (hereinafter referred to as the VENDOR) covering the subject lot/s (hereinafter referred to as the PROPERTY) situated in the Tagaytay Southridge Estates Subdivision (hereinafter referred to as the Subdivision) in Tagaytay City.
WHEREAS, the PURCHASER accepts as part of the terms and conditions of he Contract as well as the Deed of Absolute Sale all the restrictions set on the PROPERTY as embodied and stipulated in this Deed of Restrictions (hereinafter referred to as the RESTRICTIONS) and which he / she / it a frees to be annotated on the Transfer Certificate of Title over the PROPERTY;
NOW, THEREFORE, for and in consideration of the foregoing premises, the PURCHASER hereby unconditionally accepts the following restrictions on the PROPERTY as part of the terms and conditions of the purchase of the said PROPERTY, and to which he / she / it hereby covenants and obligates himself / herself / itself to faithfully comply with:
ARTICLE I : CLASSIFICATION AND USE OF LOTS
Interior Lots Corner Lots
Street front - 4.00 mtrs. Both street fronts - 4.00 mtrs.
Both side - 2.00 mtrs. One side - 2.00 mtrs.
Rear - 2.00 mtrs. Rear - 2.00 mtrs.
All commercials lots shall likewise have similar easements, except that the side fronting of the street shall have a minimum of 5.00 meters set back as provision for parking.
The aforementioned easements are for drainage, sewage, water other utilities as maybe necessary and / or desirable, as well as for proper/ open ventilation among and between structures.
7. The PURCHASER or the occupant and the PROPERTY shall, in all cases / instances, allow free entry and access to any authorized representative of the VENDOR and / or any public utility entity into the PROPERTY to inspect the easements and / or to perform work thereon for which the said easement are created and required.
8. Commercial and / or advertising signs maybe placed, constructed or entered or commercial lots only. Name plates or professional sign of the homeowners may be placed on the residential lots/ as long as such sign do not exceed 0.40 x 0.80 m in size. All signage and similar attachments are subject to the approval of the VENDOR and are subject further to pertinent and ordinances and / or regulations of the city or municipality.
9. No animals are fowl, except household pets, shall be maintained or keep in the PROPERTY. The term household pets shall be taken to mean dogs, cats, birds, chicken not in commercial quantities. Dangerous animals / pets, such as snakes and the like, as well as animals which generate or emit foul odor and / or noise, such as hogs and goats shall not be keep or maintained in the PROPERTY.
10. The PURCHASER must maintain the cleanliness of the PROPERTY at all times. while the PROPERTY remains vacant, he/she/it shall always keep it from excessive growth of grass and foliage. Should the PURCHASER fail to reasonably maintain the PROPERTY, the VENDOR shall undertake the necessary maintenance thereon, the cost of which shall be borne and to be paid by the PURCHASER upon written demand from the VENDOR, unless the same is already covered by the Association dues.
ARTICLE II - BUILDING AND ARCHITECTURES
RULES REGULATIONS GOVERNING THE ELECTION
OF THE MEMBERS OF THE BOARD OF DIRECTORS
OF TAGAYTAY SOUTHRIDGE ESTATES
VILLAGE HOMEOWNERS ASSOCIATION, INC.
The board of directors of the Tagaytay Southridge Village Homeowner Association, Inc. is the governing body of the association and a such should therefore that chosen and elected by the general membership in an orderly and intelligent manners, devoid as mush as possible of destructive partisanship which could jeopardize the unity and harmony in whole community.
In order to conduct election in a prop[er in orderly manner, in the ensure fair, honest and clean election, this rules regulation, hereinafter preferred to ask the RULES, governing the conduct of the election of the members of the board of directors of the association are hereby promulgated.
THE COMMITTEE ON ELECTIONS
There is hereby created a committee on elections (comelec) to be tasked principally to supervised the oversee the conduct of the election. Its function and responsibilities; are:
The Comelec shall be composed of one(1) Chairman and two (2) members to be appointed by the President, subject to the approval of the Board of Directors. For the first elections however, the Comelec shall be composed of one (1) representative from Moldex Realty, Inc. to act as the Chairman and one (1) representative each from the Home Insurance guaranty corporation (HIGC) and interim Secretary of the association as members.
The Comelec shall be appointed and shall serve only for the particular elections for which it is appointed. Members of the Comelec are themselves disqualified from being elected to Board of directors.
WHO ARE ENTITLED TO VOTE
PROCLAMATION OF WINNERS
VOTING AND CANVASSING PROCEDURES
RULES AND REGULATIONS GOVERNING THE CONSTRUCTION
OF VARIOUS BUILDING AND STRUCTURES
IN TAGAYTAY SOUTHRIDGE ESTATES SUBDIVISION
The following rules and regulations, hereinafter referred to as the RULES, are hereby promulgated to cover and govern the construction of residential buildings in all Tagaytay Southridge Subdivision owned and developed by Moldex Realty, Inc., hereinafter referred to in general as the SUBDIVISION, including appurtenant and ancillary structures such as maids' servants' quarters, extensions, garages. sumps, and tanks, walls and fences, and other similar improvements.
These RULES are adopted in order to protect and preserve the interest and general welfare of the lot owners and residents of the SUBDIVISION, ensure faithful compliance with the Deed of Restrictions, properly maintain the community facilities such as roads, curbs, and gutters, sidewalks. drainage lines, water mains, and other facilities, and to keep peace order and maintain security within the SUBDIVISION premises.
AS STIPULATED IN THE DEED RESTRICTIONS FOR THE SUBDIVISION, the following guidelines shall govern the use of the individuals lots and the construction of buildings and structures thereof.
a. side/s fronting the street or open space
- For residential lots - 4.00 mtrs.
- For commercial lots - 5.00 mtrs.
b. All other side/s sides and rear) for both
residential and commercial lots - 2.00 mtrs.
5. The following maximum height of buildings and structures, taken as
vertical distance from the highest natural level of the lot to the highest
point of the building or structure, shall likewise be complied with
a. House and buildings - 10.00 mtrs
b. Walls and fences - 2.00 mtrs.
c. Aerials - 12.00 mtrs.
6. All residential buildings in the SUBDIVISION shall have a minimum floor area of one hundred eighty (180) square meters and shall have a minimum cost of P1,000.000.00. The said area exclusive carport, garages, open patios or terraces and the said cost exclusive that for such appurtenances and perimeter walls or fences, landscaping, antenna, water tanks, and similar structures or facilities.
7. In view of possible differences in the development concept for the commercials center or sections of the different subdivisions, the area and cost restrictions covering the commercials structures or buildings shall be dealt of the Deed of Restriction for the specific project. All other rules and regulations on the construction of the commercial buildings or structures shall be covered by this RULES.
8. Construction / erection/installation of any and all buildings and structures in the SUBDIVISION shall not any way and under any circumstances be allowed without the lot owner having first secured the construction Permit (hereinafter referred to as the PERMIT ) from MOLDEX for the specific purpose.
9. Booster pumps and similar devices or equipments shall not be allowed to be installed directly onto the water service connection. These may however be allowed subject to the provision of intake sumps and cisterns duly approved by MOLDEX
10. No cutting of trees and / or hedges in any common or public area shall be allowed without the written consent of MOLDEX.
11. The Individuals lot owner shall responsible for applying for the installation of individuals water and electrical connections, the utility or cooperative.
12. This RULES is an elaboration of the provisions of the Deed of Restrictions. The latter is understood govern and precedence, and in case of any inconsistency between this RULES and the Deed of Restrictions, the latter shall prevail. All other stipulations of the Deed of Restrictions not covered herein shall remain to be in full force and effect.
PRE- CONSTRUCTION STAGE
a. Lot Plan. The lot owner shall secure a set of the official plan of his / her /its lot
b. Relocation of Lot Monuments (for new/original constructions). The lot owner
shall secure a set of the official plan of his/ her/ its lot from MOLDEX.
c. Relocation of lot Monuments (for new / original construction). The Lot owner
shall request MOLDEX for the installation and / or relocation of the monuments
of his / her its lot, and should be preferably present or properly represented
when the actual relocation/ installation is made by the official surveyor
d. Approval of Preliminary Plans. Prior to the preparation of the detailed plans and
specifications, the lot owner shall submit for MOLDEX approval two (2) sets
preliminary plans consisting of the following:
1.) Perspective drawing of the proposed building or structure.
2.) Floor plans.
3.) Front, left, right, and rear elevations,
4.) Outline specifications, and
5.) Preliminary cost estimates
MOLDEX shall evaluate and act on these preliminary plans and return one (1)
set to the lot owner within three (3) days from receipts of the same with its
comments and / or revisions thereon. The lot owner and hi / her/ its
Architect/ Engineer shall consider and take into account such comments and /
or revisions in their preparation of the final plans, drawings and specifications.
2. After completion of the finals plans drawings and specifications and before securing
the building permit from the Municipal Building Officials the lot owner shall submit
for MOLDEX approval two (2) sets of said final plans drawing, and specifications
together with the final cost estimate for the construction thereof.
3. MOLDEX shall evaluate and act on the final plans and specification within three (3)
days after receipt. Once the plans and specifications are approved by MOLDEX, the
lot owner may then proceed with his/ her/ its application for the Building Permit.
4. After securing the building permit from the Municipality Building Official, the lot
owner may proceed with the application for the PERMIT from MOLDEX, subject
compliance with the following additional requirements:
a. Submission of one (1) photostat of thew building permit.
b. Submission of the name of the contractor, names of all worker and other
personnel involved in the project in the name/s of the owner's
representative/s and/ or inspector/s,
c. posting of a cash bond to serve as surety/ guaranty against any and all
losses and / or damages in the SUBDIVISION that might be incurred by the
lot owner or his/ her/its contractor or personnel during the course of the
construction, and to answer for any fine due on a account of any violations
of This RULES. The cash Bond shall be in accordance with the following
House construction Other structures
1. lots 400 sq. m & below P 10,000.00 P 5,000.00
2. lots 401 sq.m & above 15,000.00 5,000.00
d. Payments of the prescribed water service tapping fee which will include the
water meter and service connection.
5. In MOLDEX shall, upon full compliance with the forgoing requirements issued the
to the lot owner in likewise issued temporary ID/s to the people who will be involved
in the construction.
6. the incidental feed that will have to be paid by the lot owner to MOLDEX in which are
subject to change from time to time are ....
a. lot plan : P 300.00 lump sum
b. relocation plan : P 300.00 lumps sum
c. Plan approval : P 300.00 lump sum
d. Inspection fee : P 200.00 per month, min. of six (6) months
a. Ten wheeler trucks, trailers, payloaders, and similar heavy equipments P 1,000.00 / ingress
b. other smaller truck, bans similar light equipment P 500.00 / ingress
5. Contractor/ worker activities and conduct: The lot owner shall assume full responsibilities over the conduct and behavior of his/ her/ its contractor and its workers and project personnel, and shall be directly liable to MOLDEX and/ or the village association for any loss and/ or damage to community structures and facilities caused by his/ her/ its contractor and its employees, as well as for any malfeasance, or illegal acts committed by said people. The following acts, deeds and practices are strictly prohibited with in the SUBDIVISION:
a. Any all illegal activities including possession and/ or use of firearms and
other deadly weapon, gambling,drinking of liquor and hard beverage, use
of or indulgence in prohibited drugs and narcotics, prostitution and theft
b. Grave misconduct including fighting public disturbance, trespassing and
other felonious deeds;
c. Indecent exposure including urinating, defecating and bathing in public in
d. Loitering and roaming around the SUBDIVISION premises outside of the
immediate construction area between 10:00 pm and 5:00 am without
valid reason and permission.
6. All personnel shall wear the MOLDEX- issued temporary IDs at all times while inside the SUBDIVISION premises. Any person who fails to wear said IDs shall be apprehended by the SUBDIVISION security force and expelled from the SUBDIVISION, using reasonable force if necessary.
7. Wives, children other relatives of construction personnel are not allowed to stay in the SUBDIVISION. MOLDEX however may, with proper representation and warranty from the lot owner, allow a maximum of two (2) female persons who may perform domestic choirs for the project personnel.
POST CONSTRUCTION STAGE
RULES AND REGULATIONS
GOVERNING THE USE OF COMMUNITY FACILITIES
AND OTHER COMMON AREAS
MRI SUBDIVISION AND/ OR HOUSING PROJECTS
The community facilities, structures and other common areas in the various subdivision and/ or housing projects of Moldex Realty, Inc. (hereinafter collectively referred to as Projects) were constructed and/ or installed for the use and enjoyment of the homeowners therein and their guests. This is in fulfillment of MRI's commitment to provide homeowners with the comforts and conveniences of modern day living.
To ensure proper and orderly usage of such facilities, structures, common areas and other public places and for the trouble, long lasting operations and effective maintenance thereof, the following rules and regulations hereinafter referred to ask the RULES, are hereby promulgated.
a. Community Facilities : Those structures and/ or amenities situated in more or
less enclosed ares. Where provided, these shall include the clubhouse
complexes consisting of the clubhouse structure itself and its ancillary facilities
such as multi-purpose hall, function rooms, specialty / coffee shops, bars,
saunas, gyms and/ or game rooms; sports facilities such as basketball courts,
tennis courts, volley courts, swimming pools, jacuzzi/whirlpool spas, and
putting green; pavilions chapels or ecumenical centers, and similar structures.
b. Common Ares : Where provide, these shall include amenities located in more
or less open spaces, such as parks, open playgrounds, picnic areas jogging/
biking/ hiking/ trails or paths lots, entrance gates/ plazas and other similar
c. Homeowners : Any person, including the immediate members of his/her
family registered with the Association, who owns and who actually resides in
the Projects, or lessee to whom the owner has assigned his/ her rights,
privileges and obligations, provided that the owner shall remain to be jointly
and solidarily liable with the lessee for any violation of this RULES.
d. Lot owner : Any person, including the immediate members of his/her family
registered with the Association, who own a vacant lot in the Project.
e. Lot buyer : Any person who has an outstanding Contract to sell on any lot
in the project.
f. Guest : Non- residents in the Projects who are invited therein by the
Lot owner, Lot buyer, or MRI.
g. Association : The duly-established and registered Village/ Homeowners
Association of the Project, organized by MRI and registered with the Home
Insurance and Guaranty Corporation.
4. MRI shall retain full ownership of and control over all the community facilities and common areas, aside from the roadways, bridges, other public through fares, and the water supply system until its turn over such public facilities and/ or structures, at its sole discretion, to the Association or the local government as the case may be. In the meantime, MRI may allow the Association to manage, with proper arrangements and under specific terms, the operation and maintenance of any or all of these public facilities and structures.
5. Only the following are allowed to use and avail of the community facilities and common areas: a.) homeowners, b.) Lot owners, c.) Lot buyers, d.) MRI, e.)Guests. Guest should preferably be accompanied by his / her host or sponsor, otherwise they must present a letter of authorization together with the privilege card of the Association member-host/ sponsor to the duly authorized person in charge of the facilities.
6. Association members intending to use any of the community facilities must present their Privilege Cards or, in the case of MRI personnel, their Identification Cards upon entry. Common areas may be used without the need for said cards, although the guards on duty ma, for security reasons or for identification purposes, request the user to show his/ her card.
7. The community facilities shall be open from 6:00 a.m. through 8:00p.m daily including Sundays and holidays, except for any schedule maintenance work or emergency repairs, or when the said facilities are reserved for exclusive use.
8. Any of the community facilities may be reserved for exclusive use by any qualified user, subject however to the prior approval of MRI. Exclusive usage from 8:00 a.m thru 12:00 MN on Mondays to friday's and from 6:00 P.M to 12:00 MN on Saturdays, Sundays and Holidays. Request for the exclusive use of any of the community facilities must be filed with the Estates Administration Department of MRI at least one (1) week before the intended use, together with the payment of the prescribed fees. Approved reservations may be canceled at least two (2) days before the schedule date, otherwise 50% of the reservation fee shall be forfeited by MRI.
9. Corresponding fees and rates shall be charged by MRI for the use of the community facilities, such fees and rates to be posted at the clubhouse and Pavilion and subject to change from time to time. Payments for the use of the community facilities may be made at the site at the main office of MRI through duly authorized personnel.
10. Users of the community facilities and common areas are all enjoined to behave and conduct themselves properly at all times and to always maintain public conscientiousness.
The following are some of the general regulation governing conduct and behavior within the community and common areas:
11. MRI reserves the right to deny entry to and/ or disallow usage of any or all of the community facilities and common areas to any person suspected or found to cause public danger or nuisance, and to eject using reasonable force if necessary, any person who refuses to comply with this RULES or who creates trouble or public disturbance. MRI further reserves the rights to file appropriate charges against any person for any unlawful behavior, act or deed, and to charge to the particular offender the cost of litigation as well as any and all damages arising from the offense committed, including but not limited to the cost of repair or replacement of damaged/ destroyed/ lost community property.
12. All users of the community facilities and common areas are advised to properly safeguard their respective personal belongings and to judiciously take care of their children. MRI shall not be liable for any loss of or damage to any private belongings or property or for any injury to or death of any person using the community facilities and common areas.
USE OF CLUBHOUSE COMPLEX
The following are specific regulations for the use of the clubhouse complex, except for the gym and sauna which will covered separately:
1. The use of the clubhouse is free. except for private parties / meetings on an exclusive basis.
USE OF SWIMMING POOLS
The following are the specific regulations coverings the use of swimming pools, except the jacuzzi / whirlpool spas which will be covered separately :
USE OF PLAYGROUNDS AND OTHER COMMON AREAS
willful and or blatant violation of this RULES, as well as other rules and regulations that the Association or MRI may promulgate from time to time, shall be sufficient and justifiable grounds for the revocation or suspension of the member's Privilege Card. Non-payments of fees or charges shall likewise constitute a valid ground for the revocation or suspension of the said card.
RULES AND REGULATIONS GOVERNING
THE TAGAYTAY SOUTHRIDGE ESTATES RESIDENTIAL SUBDIVISION
The following rules and regulations , hereinafter referred to as the RULES, are hereby promulgated to define and/ or clarify the norms of conduct and to coordinate the activities of homeowners in the Tagaytay Southridge Estates Subdivision as well as their guest and other visitors.
These RULES are a consolidation of specific guidelines, policies, procedures called from the provisions of the Deed of Restrictions (hereinafter referred to as the Restrictions) for tTagaytay Southridge Estates Subdivision, the rules and regulations governing the use of the community facilities (Facilities Rules) and construction (Construction Rules, as well as the Articles of Incorporation and By-Laws of the Tagaytay Southridge Estates Village Homeowners Association, Inc. TSEVHAI Rules). These RULES shall be implemented and enforced by the Association, with the assistance of Moldex Realty, Inc.
DEFINITION OF TERMS
DUES, FEES AND OTHER CHARGES
a. A fixed amount to be made part of the general reserve fund of the
Association which may be used to finance various community projects and /
or activities, and.
b. A variable amount to defray the actual operating expenses of the
Association, such as those for security, garbage collection, street and
guardhouse lighting, maintenance or repair of Association facilities, and
other community services.
3. Special assessment and other charges may be imposed by the Board from time to time such to be used for specific purpose or undertakings. No specials assessment shall be imposed on any member without prior notice therefore specifying clearly the purpose of such assessment .
4. The fees for the use3 of the community facilities such as the Clubhouse and the sports facilities, as well as charges for water consumption, are separate and distinct from the members dues and shall be paid directly to Moldex.
5. The board may impose penalties and surcharges on any delayed payment of members' dues or any unpaid accounts of the member. It may likewise disallow any member with unpaid accounts from availment of Association services and / or entitlement to any membership right or privilege. any unpaid account, including penalties and surcharges, whether for Association dues or for the use of community facilities, shall constitute a lien on the property of the member, subordinate only to liens of the government and voluntary mortgages. Defaulting members shall likewise be liable for the cost of suit, Attorney's fees, and damages in the event of litigation necessitated to enforce compliance with their obligations.
RIGHTS AND PRIVILEGED OF MEMBERS
DUTIES AND OBLIGATIONS OF MEMBERS
SUBDIVISION AND COMMUNITY AFFAIRS
RATES & FEES BEFORE AND DURING CONSTRUCTION:
1. Administrative fee: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . php 20,000.00
a. Plan approval
b. Construction Inspections
c. (1) year - garbage collection (not including
Construction related debris)
d. Signage (Babala for the workers)
2. Contractor/Builder’s Fee.. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . 20,000.00
CONSTRUCTION BOND: (Full refund upon completion of the project, provided after
final inspection found in compliance with the existing “Rules & Regulations.”
400 Sq. M.. and below . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . php 50,000.00
Additional php 100.00 /Sq. M. above 400 Sq . M.
Ingress fees for deliveries of Construction Materials & Supplies (Per Entry):
10 – Wheeler Trucks, Pay Loaders and similar heavy equipments php 1,500.00
6 – Wheeler Forward . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 800.00
6 – Wheeler lighter trucks // Elf // Close Van . . . . . . . . . . . . . . . . . . . . . 600.00
4 -- Wheeler Elf //Close Van // Owner jeeps . . . . . . . . . . . . . . . . . . . . . . 400.00
* * * * PASSENGER JEEPS OR SARAO’S NOT ALLOWED * * * *
MOTORCYCLES SHOULD BE EQUIPPED WITH SILENCERS ! !
DELIVERIES BETWEEN 8:00A.M. - 4:30 PM MONDAY TO FRIDAY
AND 8:A.M. - 12:00 P.M ON SATURDAYS !!
LATE DELIVERIES WILL HAVE TO WAIT FOR THE FOLLOWING DAY !!
NO INGRESS NO ENTRY
Every worker in the said construction site will be required to wear TSEHA ID. Cost to secure I.D. is php 30.00. The Barangay requires 30% of the crew coming from within.
SECURITY PERSONNEL GUIDELINES
A. As Security Guards
1. Two guards must always be present within the main gates, one assigned at the entrance and another at the exit.
2. All security personnel should only render 12 hours of duty daily. Straight duty of 24 hours is strictly prohibited. It will only be allowed for emergency cases with approval from the Administrator / Head of Security of the Subdivision.
3. Security Guards are not allowed to Fraternize with drivers. Messengers and/or domestic helpers of homeowners/residents. Conversation with them should be limited only for official business.
4. Security Guards should always wear their proper uniforms. They must be always clean-shaven, hair properly trimmed and with clean/shined shoes.
5. Cigarette smoking while on duty is strictly prohibited
6. All on-going renovation or construction works must be monitored regularly. Only two (2) construction workers will be allowed stay in their barracks overnight.
7. Conduct perimeter inspection at least six (6) times during the day; for night shift guards, conduct perimeter inspection at an hourly interval using the floodlights during inspection
8. To be more vigilant and watchful at night. Always see to it that the main gate is properly guarded and secure at all times. No construction deliveries shall be allowed to enter the premises after 5:00 PM.
9. Observe cleanliness and orderliness within the workplace of the security force (guard house, security offices and main gate).
10. All security personnel must be courteous at all times in dealing with homeowners, lot owners and guest.
Security Guard should always implement the following TSEHA guidelines.
B. Vehicle Control
1. Visitors’ vehicle or authorized vehicles must be cleared first with the homeowners before allowing entry in the subdivision. Driver license should be kept by Guards on duty upon issuance of gate passes.
2. Record the exact time of entry/exit of all vehicles with no TSEHA stickers coming to the subdivision.
3. Record and report immediately to the OIC and the Administrator any vehicular accident that occurs inside the subdivision.
4. Inspect all delivery vehicles before entering the subdivision. Inform concerned homeowners regarding arrival of personal deliveries.
5. Inform and coordinate with the Administrator of tenant moving in/moving out of the subdivision.
6. All vehicles carrying explosives, firearms or other deadly weapons should NOT be allowed entry in the subdivision.
7. Vehicles with suspicious looking persons on board shall be scrutinized by the security officer for proper identification.
8. Roving guard on duty will assist or escort the visitor’s vehicle to the homeowner destination.
C. Visitors/Pedestrian Control
1. All visitors are required to register with the guard on duty, show personal identification, date time in/out, purpose and person to be visited.
2. Visitors carrying firearms, bladed weapons must present legal documents and deposit the same with the guards on duty for safekeeping prior to entry in the subdivision.
3. Strictly follow the ” NO ID/NO ENTRY” rule for visitors/pedestrians entries.
4. Homeowners should be notified for confirmation before visitors are permitted to enter the subdivision.
5. All service vehicles must escorted to the designated place and/or homeowners visited.
D. Household Helpers
1. Caretakers, family drivers, cooks and maids should be required to secure ID from the office specifying his/her employer. ID’s should be presented and kept by the guard on duty upon exiting and return of the same upon entering the subdivision.
2. Hand-carried items or personal belongings must be covered with gate passes from the employer indicating items to be taken out and be subject to inspection.
1. Contractors should present their company ID’s and certification from the homeowners or accreditation documents before entering the subdivision.
2. Contractors should likewise submit list stating therein the names and the number or workers as well as their construction projects within the subdivision.
3. Equipment and tools of the contractor must be properly recorded by the engineering department for proper identification.
F. Construction Workers
1. Construction workers shall be limited to their designated workplace. Roaming around the subdivision is strictly prohibited.
2. Construction workers whose projects are on the east side of Southridge Avenue shall walk thru Olive St. to Southridge Ave. and make a right on Peach St. unto their respective job sites. Those projects on west side of Southridge Ave. Will walk thru Narra St. to respective job sites. This will greatly reduce traffic on Southridge Ave. between 6:15 AM to 7:15 AM during workdays.
3. Alcoholic beverages/liquors and illegal drugs are strictly prohibited inside the subdivision. Workers found intoxicated or under the influence of drugs shall be automatically apprehended, taken out of the subdivision and permanently banned from the Subdivision
G. Prospective Buyers
1. All prospective buyers shall be escorted by security guard on duty to the Administration Office for assistance.
All security personnel are required to strictly follow the above guidelines.
SECURITY PROPOSAL FOR TAGAYTAY SOUTHRIDGE ESTATE
NAME AND LOCATION OF THE INSTALLATION
TAGAYTAY SOUTHRIDGE ESTATE IS LOCATED AT BARANGAY SUNGAY WEST, TAGAYTAY CITY
Tagaytay Southridge Estate is a subdivision presently composed of more than 300 residential units, mostly vacation houses kept locked by owners while some are maintained by caretakers. It has an area of 80 hectares, has 1 entrance plaza with a guardhouse. It has the following facilities: clubhouse complex/chapel, covered tennis & basketball court, Olympic size swimming pool, Jacuzzi, putting green, playground, lighted jogging lanes, specialty shops, game room and landscaped parks. There are 2 water pump stations. Outside the concrete perimeter fence are scattered residential houses and pineapple farms.
The subdivision’s concrete perimeter fence is about 4.4 kilometers, 7 feet high built near a creek surrounding the subdivision. The entrance and exit plaza is manned by 2 guards, incoming persons and vehicles other than the homeowners are screened and allowed entry only after proper notice and permission from the concerned resident. Visitors and vehicles passes are issued in exchange of identification card or driver’s license. The exit guard verifies the resident visited upon surrendering the pass. One roving guard with L300 patrols the subdivision. The guard’s post at phase 2 is elevated to provide more visibility. The 2 pump stations are monitored 24 hours by water district personnels.
The current responsibilities and functions will be maintained. Constant roving inspection must be intensified since most of the residential units are left vacant and the perimeter fence has no top guard making it easier to scale by intruders even at daytime. One binocular should be issued at phase 2 to increase visibility particularly the perimeter fence at the back portion of the subdivision. The guard must strictly station himself at the elevated guard’s post during his entire tour of duty to maintain full security coverage at all time.
The current number of detailed security officers/guards are recommended to be maintained, including the number of radios and firearms, and issued vehicles. Specific duties and responsibilities for every post prescribed by TSEHA board/Agency must be fully understood and properly implemented/ observed. One cellphone unit must be issued to the detachment commander for immediate coordination with the agency’s officer and Homeowner Security Director.
In line with our objective to provide quality security service to Tagaytay Southridge Estate, the following topics will be included in the orientation/briefing of the guards.
a. Customized service in accordance with the policy, rules and regulations of TSEHA.
b. Fire safety and other calamity procedures.
c. Specific post’s duties and responsibilities.
d. Firearm’s proficiency.
e. Others as TSEHA may require.
Administration and Inspection Systems
To insure the quality of work performance, the guards will be constantly monitored and inspected on scheduled and unscheduled basis by the operation’s officer/inspector. The inspection involves but not limited to physical appearance (uniform, paraphernalia, haircut, etc.) and keeping proper filing of security documents(duty detail order, firearms license, license to operate, daily manning and memoranda from the agency and or TSEHA).
VEHICLES AND VISITOR’S CONTROL
In order to ascertain identification and control on all visitors including their vehicles entering the subdivision, the following must be strictly implemented;
1. Construction workers reporting for work may only be allowed entry upon presentation and wearing of ID.
2. Visitor’s vehicles may only be allowed entry upon issuance of vehicle pass in exchange of driver’s license, provided that prior coordination and approval is made and given to by the concerned resident. Same rules applies to visitors on foot but may use ID in lieu of driver’s license.
3. Plate numbers of all vehicles, names of visitors on foot and construction workers who may enter the subdivision must be properly recorded in the guard’s logbook which will include; resident visited and time in and out.
PROPOSED SECURITY PLAN FOR TSEHA
Tagaytay Southridge Estate is a subdivision that provides vacation/residential units. Within the subdivision, complete recreational facilities are provided. There are more than 300 units existing and considering the wide area(about 80 hectares)more units will eventually be constructed. Most units are unoccupied by the owners, some are maintained/secured by caretakers and few are utilized as permanent residences. The subdivision is protected by concrete fence 7 feet high without top guard. Street lights within the subdivision are noted with sufficient illumination at night.
In view of the fact that most of the units are left unoccupied, it is possible that cases of theft or robbery may be committed either by intruders who may scale the concrete fence(without top guard)as an access point or those who may pretend as visitors of residents. It is noted however, that there are friendly elements in the area namely the police force stationed nearby along the highway, the barangay police/tanod and the water district personnel
T o secure the homeowners/residents of Tagaytay Southridge Estates including their properties in order to help maintain a safe and peaceful place of abode .
We will deploy 2 security officers and 12 security guards to secure the homeowners against threat to life and properties. One(1) officer(detachment commander) and six (6) guards will render duty during daytime and one(1) officer(asst. Detachment Commander) and six(6) security guards will render duty during nighttime. Twelve hour shift in a day will be followed. Two(2) day off relievers will be deployed in order to ascertain that there won’t be unmanned post.
Guard’s functions are as follows;
1. Detachment commander(DC)
a. Designated as overall supervisor and renders duty during daytime.
b. Responsible in all aspects of peace and safety.
c. Prepares reports required by the agency and TSEHA including schedules of guards.
d. Inspect the presence and alertness of guards in their designated post and conduct general patrol within the perimeter on prescribed time intervals.
e. Keep the agency and TSEHA security director informed of whatever unusual incident that may occur and recommend actions to be taken.
f. Others that may be directed by the agency and TSEHA.
2. Assistant Detachment Commander(ADC)
a. Assist the DC in all aspects of peace, order and safety in the subdivision during nighttime.
b. Inspect the presence and alertness of the guards in their post during nighttime.
c. Reliever of the DC in his official functions in the absence of the latter.
d. Others as may be directed by the DC.
3. Gate Guard
a. Screens with due respect and courtesy through coordination with the concerned resident all incoming visitors and vehicles.
b. Issues vehicles or visitor’s pass upon proper screening.
c. Records the names and plate numbers of all visitors and vehicles including time in and out.
d. Prevent unauthorized persons and materials from entry.
4. Roving Guard
a. Conducts roving inspection within the entire subdivision on a prescribed time interval.
b. Gives extra attention to any suspicious persons and vehicles within the area of responsibilities and anticipates any negative intentions.
c. Implements policies and guidelines provided by TSEHA as to the proper use of recreational facilities and the like with due respect and courtesy.
5. Other posted guards(clubhouse, Phase2 and Villas)
a. Intensifies monitoring within the area of responsibility as to the presence and movements of persons and records the same.
b. Give extra attention as to any suspicious persons and vehicles within the area of responsibility and anticipates any negative intensions.
c. Implements policies and guidelines provided by TSEHA as to the proper use of recreational facilities and the like with due respect and courtesy.
1. Field Organization – In line with the objective to provide maximum security within the Subdivision the following line of command will be followed;
2. Mobility – In order to be capable constantly to monitor the entire subdivision and implement immediate actions in case of emergencies or untoward incidents the following vehicles will be provided;
a. 1 unit motorcycle
b. 1 unit 4 wheel vehicle
3. Other security equipment
a. 6 units hand held radios
b. 6 units cal. 38 and 1 unit shot gun
c. 1 unit binocular
d. 1 unit cell phone
The Detachment Commander is fully responsible in reporting any unusual or untoward incident inside the subdivision to the operations officer, Homeowner Security Director(HSD) and proper government agency if needed. Dissemination of directives to the guards from the agency and HSD is also part of his responsibility.
Joe Razon/ Ben Victoria