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MEMORANDUM OF AGREEMENT

This agreement made and entered into this 9th day of May, 2017 at Pasig City, Metro Manila,
Philippines, by and between:

The DEPARTMENT OF EDUCATION, an agency of the national government of the Republic


of the Philippines, created by the virtue of Batas Pambansa (B.P.) No. 232 “The Education Act of
1982” as amended by Republic Act (R.A.) No. 9155 otherwise known as “Governance of Basic
Education Act of 2001”, with principal office at DepED Complex, Meralco Ave., Pasig City, Metro
Manila, represented by its Secretary, LEONOR MAGTOLIS BRIONES, herein referred to as
“DepEd”.
-and-

______________________________________, a corporation organized and existing under


the laws of the Republic of the Philippines with office address at
___________________________, represented in this transaction by its ________,
________________, hereinafter referred to as “_______________________”;

WITNESSETH:

WHEREAS, Republic Act 8525, otherwise known as “An Act Establishing the Adopt-A-School
Program and Providing Incentives Therefore and for Other Purposes”, was enacted to encourage
private companies to assist in the delivery of better quality education to public schools in the
country, particularly in the poverty-stricken provinces;

WHEREAS, Revenue Regulations No. 10 s.2003, implementing the Tax Incentives Provision of
RA 8525 otherwise known as the Adopt-A-School Act of 1998 has been issued by the
Department of Finance thru the Bureau of Internal Revenue;

WHEREAS, DepEd being responsible in securing resources to make public schools competitive
has been partnering with the private sector entities as well as government agencies and their
local units for the development of the public education system in our country;

WHEREAS, _______________ is a business organization, whose adopted corporate


social responsibility is to support and promote the DepEd’s development of the public
education system in our country.

WHEREAS, ________________, has proposed to participate in DepEd’s development of


the public education system in our country by providing ______________ worth of support;

NOW THEREFORE, for and in consideration of the foregoing premises and the terms and
conditions herein set forth, the parties hereby agree as follows:
Section 1: Description of the Project

The project known as _______________________, hereinafter referred to as


“_____”, is composed of the following executions:

1.1

1.2

1.3

1.4

1.5.

1.6

1.7

1.8

Section 2: Rights and Obligations of the Parties

2.1 DepEd shall:

2.1.1 Provide policy guidance and directions to ensure the proper implementation of the
project;

2.1.2 Coordinate with _________________ in the implementation of the project;

2.1.3 Accept the cooperation included in this Agreement and execute the
corresponding appropriate documentation through the Schools Division
Superintendent and School Principals, in accordance with the applicable laws
and rules including but not limited to R.A. No. 8525, otherwise known as “Adopt-
A-School Act of 1998”; and the rules on donations to Government, if
applicable;

2.1.4 Assist in the implementation and monitoring of the project;

2.1.5 Review and endorse the application of ____________________ for tax


incentive entitlement, if applicable, to the Revenue District Office; and assist in
obtaining the same for ____________________ ;
2.1.6 Provide proper management, maintenance and care for the improvement
received by the beneficiary school/s, through the School Head/s or Principals, in
close coordination with __________________;

2.1.7 Ensure proper recording or booking-up of support / assistance received by the


school through coordination with the School Property Custodian or Division
Supply Officer;

2.1.8 Provide a representative to (1) Welcome Lunch and Photo Op; (2) Donation
Turnover and Photo Op; (3) Roadshow Kick-off (with print, online news and
blogger guests); and (4) Kilusang Kontra Kuto Health Forum;

2.1.9 Allow representative to be interviewed during the Roadshow Kick-off and be


photographed in Welcome Lunch and Donation Turnover;

2.1.10 Allow a resource person to be a part of the educational videos and to provide
data / information for press and educational materials

2.1.11 Allow DepEd to be named a supporter of the Kilusang Kontra Kuto and allow
usage of logo in campaign materials such as press releases, educational videos,
infographics, etc. for print, online news and blogs, in accordance with the
issuances of DepEd on the proper use of its logo.

2.1.12 Not issue or sanction endorsements or accreditation of the aforementioned


__________________________- products, in accordance with DepEd Prder
39, s.2009, which reiterates the compliance of all offices to DECS Order No.28,
s.2001. The said project shall not be construed to impliedly promote the
aforementioned products to the beneficiaries (students).

2.2 ______________ shall:

2.2.1

2.2.2.

2.2.3.

2.2.4 Execute appropriate documentation in favor of DepEd for the completed project
and submit all pertinent documents in support to the amount specified/claimed for
tax incentive application; and

2.2.4 Render periodic report/assessment of the project as deemed necessary.

Section 3: Project Beneficiaries


The project beneficiary shall be schools of the Department of Education. List of target
beneficiary schools shall be decided jointly by the Department of Education and
_________________

Section 4: Project Cost

TOTAL VALUE OF LAMOIYAN’S___________________ ASSISTANCE


– PHP ___________________

Section 5: Term. This memorandum of agreement shall take effect upon its signing and shall
remain in full force and effect during the entire project duration which will be from May 9, 2017 to
March 31, 2018.

Section 6: Capacity and Authorization. The parties herein warrant that they have the
capacity, power and requisite authorization to enter into this Agreement.

Section 7: Separability Clause. Should any part of this Agreement be judicially declared null
and void, such nullity shall not affect the validity of the remaining provisions hereof.

Section 8: Breach of Contract. The violation or omission of any of the provisions of this
Agreement shall be ground for cancellation or rescission of the same without need for legal or
court action.

Section 9: Amendments. This agreement may be revised, amended or modified only through a
written instrument duly executed and signed by all Parties.

Signed on the date and at the place first above written.

DEPARTMENT OF EDUCATION _____________________________


By By

______________________________ ______________________________
NAME OF SCHOOL HEAD

SIGNED IN THE PRESENCE OF:

________________________________________
PROPERTY CUSTODIAN/ASP DIVISION COORDINATOR
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)

_______________________________ ) ss.

BEFORE ME this ___________________ , personally appeared:

Name Details Date Issued on/at

SCHOOL HEAD ID DETAILS Passport No.


Passport No.

Known to me and to me known to be the same persons who executed the foregoing instrument, and they
acknowledged to me that the same is their free and voluntary act and deed, and that of the corporations
herein they represented. This Memorandum of Agreement consists of ___ pages including this page in
which this acknowledgement is written, signed by the parties in their instrumental witnesses each and
every page thereof.

WITNESS MY HAND AND NOTARIAL SEAL, on the date at the place first written above.

Doc. No. _______


Page No._______
Book No._______
Series of _______

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