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Critical Legal Ingredients in Building and Sustaining Inter-Local Cooperation

Building cooperation among local government units is very important not only in the Philippines but around the globe. This
alliance allows each local government to be more productive and effective in term of utilization of public resources. However, to
strengthen this union, the formulation and signing of the Memorandum of Agreement is necessary because it will help the LGUs on
how, when and where to forge beneficial activities which is beneficial to all party-signatories to the MOA. The best way to implement
certain inter-governmental undertakings should be in accordance with the provisions of the local legislative council or the parties
involved.
As presented in the Module of the Legal Basis for Inter-Local Cooperation, the essential elements in the drafting of a
Memorandum of Agreement which all parties should determine to be present are as follows: a) consent of the contracting parties; b)
declaration of common purpose; c) alliance-related powers and obligations; and d) optional provisions. On the other hand, the
Separability, Amending, Effectivity and the Acknowledgement Clauses are formalities required in drafting the MOA.
Inter-Local Cooperation is indeed duly supported by the constitutional provision, specifically in Sec. 13, Article X of the 1987
Constitution which states that LGUs may consolidate resources, services, and efforts for common purposes. This means that the local
government units may, through appropriate ordinances, associate themselves and consolidate their efforts, services, and resources for
their common benefits. Sec. 35 of the Local Government Code likewise stressed that local government units may enter into joint
ventures with people and non-governmental organizations to engage in the delivery of certain basic services, livelihood projects, and
local enterprise development which will promote the whole well-being of the people in their respective units.

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