MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement (“MOA”) is made and entered into, on this

16th day of December in Quezon City, by and amongst:

The CYBERCRIME INVESTIGATION AND COORDINATING CENTER, a

government entity organized and existing in accordance with Republic Act No.
10175 (as amended by R.A. 10844), with principal office address at 49 Don A.
Roces Avenue, Brgy. Paligsahan, Quezon City, and represented herein by its
Executive Director, CEZAR O. MANCAO II (hereinafter referred to as “CICC”);

- and -

MOVIE AND TELEVISION REVIEW AND CLASSIFICATION BOARD a Philippine

government agency n with a principal office located at MTRCB Building, 18 Timog
Avenue, Diliman, Quezon City represented herein by its Chairperson, MARIA
RACHEL J. ARENAS;

- and -

CULTURAL CENTER OF THE PHILIPPINES (“CCP”), a government-owned and

controlled corporation duly existing by virtue of Presidential Decree No. 15, as
amended, with principal office at the CCP Main Building, CCP Complex, Roxas
Boulevard, Pasay City, represented by its President, ARSENIO J. LIZASO, duly
authorized for this purpose pursuant to CCP Board Resolution No. ____, Series of
20__ (Annex “A” hereof).

(CICC, MTRCB and CCP shall be jointly referred to as the “Parties”.)

WITNESSETH:

WHEREAS, the proliferation of Cybercrime Offenses as provided under

Republic Act 10175 (Cybercrime Prevention Act of 2012) is a serious and rapidly
rising problem in the Philippines affecting majority of Filipino internet users.

WHEREAS, the CICC is mandated to coordinate the preparation of

appropriate and effective measures to prevent, suppress, and monitor cybercrime
activities being bandied by participating law enforcement and prosecution agencies;

WHEREAS, the CICC is mandated to facilitate international cooperation on

intelligence, investigations, training, and capacity building related to cybercrime
prevention, suppression, and prosecution;

WHEREAS, the CICC is mandated to coordinate the support and participation

of the business sector, local government units, and non-government organizations in
cybercrime prevention programs and other related projects;

WHEREAS, MTRCB is mandated in the regulation and classification of media,

to empower the Filipino family to intelligently evaluate and choose appropriate media
that promotes a value-based entertainment culture.

WHEREAS, CCP is the lead agency of the Philippine Government that is

mandated in the promotion and development of Filipino arts and culture; and
1
responsible in responding promptly to inquiries on the services from arts and culture
enthusiasts and of the general public.

WHEREAS, the Parties, in the spirit of cooperation and mutual interest to

recognize the use and importance of creating a cybersafe community, have agreed
to enter into this MOA collaborate by utilizing their respective resources to increase
the reach of internet capacity in order to not only promote, develop, and preserve the
Filipino cultural heritage and values, but also provide high quality online content to
the people;

NOW THEREFORE, for and in consideration the above premises, the Parties have
mutually reached the following agreement:

ARTICLE I
PURPOSE

This Memorandum of Agreement shall provide the framework for mutual cooperation
and coordination between the Parties to accomplish the objectives of national ICT
development agenda.

ARTICLE II
SCOPE OF MUTUAL COOPERATION AND COORDINATION

The Parties, through this Memorandum of Agreement, agree to collaborate on

activities, projects, and programs to achieve change and access, digitization of the
Government, and digital literacy and competence.

ARTICLE III
AGREEMENT OF THE PARTIES

Section 1. Joint-Programs/Projects/Activities – The Parties, through this anti-

cybercrime projects in this Memorandum of Agreement, agree to collaborate on
programs, projects, and activities under RA10175.

Section 2. Governing Terms, Conditions, and Guidelines –all joint-projects

covered by this MOA shall be governed by the terms, conditions, and guidelines the
CICC may issue.

Section 3. Provision of Technical Assistance. – To capacitate CCP and

MTRCB to implement the afore-mentioned joint-projects/plans/activities, including its
own anti-cybercrime projects, the CICC shall provide technical assistance by
conducting the appropriate seminars, workshops, and trainings to capacitate CCP
and MTRCB to create media content to reimagine and re-inculcate good values
specifically to Filipino culture which is very much needed in the digital space.

In relation thereto, MTRCB shall have the corresponding duty of:

a. Initiate plans and cooperate with the parties to promote an environment

leading to authentic and responsible self-regulation in the cyber world.

b. Assist the other two parties in relaying the ground work and tenor of
preventing the online criminal grooming.

c. And all other shared commonalities

2
In relation thereto, CCP shall have the corresponding duty of:

a. Provide CICC all necessary digital information campaigns, documentation

for the project plan, work processes, likewise, funding for the said
programs agreed upon in this MOA.

b. Coordinate other resources that may be beneficial in achieving a cyber-

safe Philippines.

c. Conduct all seminars, workshops, and trainings necessary for the

implementation of the subject projects, programs, and activities that parties
shall together create.

ARTICLE IV
FUNDING

Each Party shall shoulder its own costs and expenses for the implementation of this
MOA. This shall, however, not prevent either Party, subject to compliance with
government budget, accounting and auditing rules and regulations, from providing
appropriate financial support or other resources that are necessary in the
implementation of this MOA.

ARTICLE V
DURATION OF AGREEMENT, CONFIDENTIALITY

a. The present MOA shall come into effect from the day of its signing and
may be terminated by either party at any time upon thirty (30) days
within notice to the other parties.

b. During the term of this MOA and even after its termination, all Parties
agree to observe confidentiality in the handling and custody of records and
the right to privacy of the data subjects; Provided that, any disclosure by
the Parties and/or their personnel in the course of the prosecution of a
case, and pursuant to any lawful order of a court, tribunal, or agency shall
not be deemed a violation of this provision; and

3.Parties undertake to comply with the provision of RA No. 10173 or the

DPA, and the issuances of the NPC relative to this MOA.

ARTICLE VI
MISCELLANEOUS PROVISIONS

Section 1. Amendments. – The provisions of this MOA, including the provisions of

the Annexes hereof shall, at all times, be subject to existing and subsequent
issuances of CICC, all amendments and/or modifications the Parties may
subsequently agree upon, and directives from duly authorized government
regulatory bodies in the exercise of their jurisdiction. Any modification, revision, or
amendment hereto agreed upon by the Parties shall become valid and binding only
when the same is in writing and signed by both Parties.

3
Section 2. Severability. – If any provision contained herein is invalid, illegal or
unenforceable in any respect under any applicable law or decision, the validity,
legality, and enforceability of the remaining provisions shall not be affected or
impaired in any way. The Parties shall, so far as practicable, execute such
additional documents in order to give effect to any provision hereof which is
determined to be invalid, illegal, or unenforceable.

Section 3. Repealing Clause. – All orders, rules, and regulations issued by any of
the Parties herein which are inconsistent or contrary to the provisions, including the
programs, projects, and services covered by this MOA, are hereby repealed or
modified accordingly in so far as this MOA is concerned.

Section 4. Assignment of Rights. – The rights and obligations of both Parties

under this MOA shall be binding upon their respective successors and assigns.
Neither Party may assign its rights to a third party without the written permission of
the other Party.

Section 5. Indemnity. – Both Parties shall hold each Party free and harmless from
any liability, loss, or damage which may arise as a result of either Party’s ordinary
performance of its obligations under this MOA, including those caused by fortuitous
events or acts of God.

Section 6. Dispute Resolution. – The Parties shall make every effort under P.D.
242 to amicably settle and resolve any dispute in connection with or arising out of
this MOA within sixty (60) calendar days from receipt of a notice by the other Party
from the injured Party.

Section 7. Venue of Actions. – In case of failure to settle amicably the dispute

under P.D. No. 242, suits for any breach of this MOA shall be instituted in the court
of competent jurisdiction in Quezon City.

Section 8. Non-Waiver of Rights. – Any failure on the part of any Party to enforce
at any time, or for any period of time, the provisions of this MOA, shall not be
deemed or construed to be a waiver of such provisions or of the right of such Party
thereafter to enforce each and every provision.

ARTICLE VII
EFFECTIVITY AND TERMINATION

This MOA shall take effect upon signing of all Parties and shall be in force unless
earlier terminated, revised or revoked for cause with written notice from the
terminating Party and subject to the written consent from the other Parties. The
notice of termination or revocation shall take effect after thirty (30) days from receipt
of the other Party, unless mutually agreed upon by both Parties in writing.

Each Party reserves the right to terminate this MOA at any time on the following
grounds:

a. Non-accomplishment or performance of duties and undertakings;

b. Delay or breach of obligations; and

c. Evidence of non-commitment;
In the event of MOA termination, an accounting/inventory of the projects undertaken
and covered by this MOA shall be conducted jointly by the Parties.

4
 IN WITNESS WHEREOF, the Parties signed this MOA in the place and on the date
above written.

CYBERCRIME INVESTIGATION AND MOVIE and TELEVISION REVIEW and

COORDINATING CENTER CLASSIFICATION BOARD

CEZAR O. MANCAO II MARIA RACHEL J. ARENAS

Executive Director, CICC Chairperson, MTRCB

CULTURAL CENTER OF THE PHILIPPINES

ARSENIO J. LIZASO
President, CCP

5
 SIGNED IN THE PRESENCE OF

______________________________ ________________________________
Witness Witness

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

CITY/MUNICIPALITY OF________) S.S.

At the above stated place, on the _day of ______ 2020 before me personally
appeared:

Name Government Issued ID/No. Expiry

CEZAR O. MANCAO II
MARIA RACHEL J. ARENAS
ARSENIO J. LIZASO

known to me the same persons who executed the foregoing instrument and
acknowledged the same to be their free and voluntary acts and deeds as well as
those of the corporation and instrumentality of the Government herein represented.

Said instrument refers to a Memorandum of Agreement consisting of five (5) pages

including this page whereon the Acknowledgment is written, signed by the parties
and their witnesses on the signature page hereof, and initiated on the other pages
and sealed with the notaries seal.

NOTARY PUBLIC
Doc. No. ___;
Page No. ___;
Book No. __;
Series of 2020.