Application To Undertake Work by Pakyaw System and Pakyaw Agreement - Rev2

APPLICATION TO UNDERTAKE WORK BY “PAKYAW SYSTEM”
Date: _________________________
HENDRIK F. MARTIN
Resident Manager,
Zambales Diversified Metals Corporation
Name of Project : Revegetation / Rehabilitation / Reforestation of H3 Old

and H3
North Disturbed Areas
Sir,
We, the undersigned, all of legal age, Filipino and residents of Sitio _________________________,
Brgy. Lucapon South, Sta. Cruz, Zambales hereby apply to provide planting materials and labor only
and undertake the work described in the Scope of Work provided by the company for an amount of
TWO HUNDRED SEVENTY FOUR THOUSAND THREE HUNDRED SIXTY PESOS (Php 274,
360.00).. We are a team of workers willing to undertake the work jointly under the supervision of the
Environment Head, Forester and Mine Rehabilitation Leadman or his/her duly authorized
representative.
This group will also authorize Mr./Ms./Mrs. _____________________________, who has been
elected as “Pakyaw ” Group Leader to make representations, sign documents and receive payments
for and on behalf of the group.
Nos. Name of Worker (Team Member) Address of Signature

Residence
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PAKYAW AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Pakyaw Agreement hereinafter referred to as the “Agreement” , made and entered into this ____
day of ______ 2019 at _________________________________ by and between:
ZAMBALES DIVERSIFIED METALS CORPORATION, a corporation duly organized and

existing under the laws of the Republic of the Philippines, with office address at 3 rd Floor DMCI
Homes Corporate Center, 1321 Apolinario St., Bangkal, Makati City, represented herein by its
Resident Manager, Hendrik F. Martin and hereinafter referred to as the “ZDMC”;the Zambales
Diversified Metals Corporation (ZDMC), represented herewith by the Resident Manager, duly
authorized for the purpose and hereinafter referred to as the implementing agency
-and-And
The the PakyawAKYAW GROUP group of workers, all of legal age, Filipino and residents of Sta.
Cruz, Zambales, and herein represented herein by their Pakyaw Group Leader,
___________________________ and hereinafter referred to as the “WORKERS”..
WITNESSETH:
WHEREAS, That pursuant to the Revegetation Program undertaken by ZDMC on its mining site
located at ___________ with an area of approximately Ten (10) Hectares, ZDMC is in need of
temporary workers for the plantation and revegetation of the said area;
WHEREAS, the Pakyaw Group Workers together with their Group Leader submitted and manifested
their interest to undertake the plantation and revegetation of the area for an amount of TWO
HUNDRED SEVENTY FOUR THOUSAND THREE HUNDRED SIXTY PESOS (Php 274,
360.00) as stated in its Application to undertake work by “Pakyaw Scheme”, attached herein as
Annex “A”;
WHEREAS, the Pakyaw Group Workers agrees to be bound by the stipulations on the General
Conditions of the Pakyaw Agreement attached as Annex “B” and the Scope of Work attached hereto
as Annex “C” which shall be made an integral part of this Agreement;
WHEREAS, due to the nature of work and being a singular project undertaking, the parties hereto
agree that no employment relationship shall exist between the parties;
NOW, THEREFORE, for and in consideration of the foregoing premises, the parties hereto
stipulate the following terms and considerations:
for and in consideration of the rates in the Scope of Work, attached as Annex “A” to this
‘”Agreement and made an integral part hereof, the PARTIES hereto covenant and agree as follows:
1. That the WORKERSPAKYAW Group shall provide labor and planting materials necessary
for the proper and faithful performance of the work describedescribed and stipulated in the
Scope of Work (Annex “B”) below at the total contract price of Two Hundred Seventy-four
Thousand Three Hundred Sixty Pesos (Php 274,360.00) paid for by ZDMC.
2. That the WORKERSPakyaw Group shall complete the work in accordance with the
corresponding plans and specifications, under the supervision of Environment Head and
Forester or any of his/her appointed personnel.
3. That the WORKERSPakyaw Group shall comply with all the terms and conditions of this
contract more specifically those contained in the following documents:
a. General Condition of Pakyaw Agreement
b. Scope of Work
c. Application to undertake work by pakyaw scheme
d. and as other essential documents, which are hereby made and acknowledge as an integral part
of this agreement,
4. That the WORKERSPakyaw Group agrees to commence work within ten (10) days upon
signing of this contract and to complete the same within fifteen to twenty (15-20 days)
working days, holiday excluded.
5. That the WORKERSPakyaw Group shall submit to the Forester / Mine Rehabilitation
Leadman a periodic report on their time of the workers and the group accomplishment status
report;
6. That this Agreement and all of its annexes was explained to the WORKERSPakyaw Group in
the vernacular language known and understood by them prior to the application to undertake
work by “Pakyaw” Scheme and signing of this Agreement;
IN WITNESS WHEREOF, the PartiesPARTIES aforesaid have hereunto affixed their signatures on
the date first above written.
For and in-Behalf of:
ZDMCTHE IMPLEMENTING AGENCY WORKERSTHE PAKYAW GROUP
By: By:
__________________________________ __________________________________
HENDRIK F. MARTIN _________________________
Resident Manager Pakyaw Group LeaderPAKYAW
GROUP LEADER
Witnesses:
Environment Head Brgy. Chairman, Lucapon South

______________________________ _______________________________
Environment Head Brgy. Chairman, Lucapon South
ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)

) S.S.
BEFORE ME, a Notary Public for and in ________, personally appeared this ___ day of
___________________, 2019 in ___________________.
NAME GOV’T ISSUED PLACE AND EXPIRY/VALIDITY

ID DATE OF ISSUE
Hendrik F. Martin
_______________
All known to me and to me known to be the same persons who executed the foregoing
instrument and that they acknowledged to me that the same are their free and voluntary act and deed
and that of the Corporations they respectively represent.
This instrument consistconsists of three (3) pages including this page containing the
Acknowledgement and has been signed by the parties and their instrumental witnesses on each and
every page hereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal and
signature on the date and at the place so above written.
NOTARY PUBLIC
Doc. No. _________;

Page No. _________;
Book No._________;
Series of 2019.

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APPLICATION TO UNDERTAKE WORK BY “PAKYAW SYSTEM”

Name of Project : Revegetation / Rehabilitation / Reforestation of H3 Old

Nos. Name of Worker (Team Member) Address of Signature

KNOW ALL MEN BY THESE PRESENTS:

ZAMBALES DIVERSIFIED METALS CORPORATION, a corporation duly organized and

For and in-Behalf of:

ZDMCTHE IMPLEMENTING AGENCY WORKERSTHE PAKYAW GROUP

Environment Head Brgy. Chairman, Lucapon South

REPUBLIC OF THE PHILIPPINES)

NAME GOV’T ISSUED PLACE AND EXPIRY/VALIDITY

Doc. No. _________;

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