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MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Agreement made and entered into this _____ day of


______________ 2020 in the City of Tacloban, Leyte, Philippines by
and between:

BUREAU OF FIRE PROTECTION REGIONAL OFFICE 8, a


government office of the BUREAU OF FIRE PROTECTION, created
under Chapter IV of the Republic Act NO. 6975, with office address at
Cor. J. Romualdez & P. Paterno Sts., Tacloban City, represented herein
by its Regional Director, SSUPT RENATO BADONG MARCIAL, who is
authorized under a Special Power of Attorney and is hereinafter
referred to as First Party;

and

LAND TRANSPORTATION FRANCHISING AND REGULATORY


BOARD (LTFRB) is a government agency under the Department of
Transportation with office address at LTFRB 8, Brgy. Pawing, Leyte
represented in this Agreement by MR. MR. GUALBERTO N.
GUALBERTO, LTFRB Director, hereafter referred to as the Second
Party,

WHEREAS, the First Party is a government office responsible for


the prevention and suppression of all destructive fires which includes
Land Transportation vehicles and Equipment;

WHEREAS, the First Party has noted that from year 2017 to
2018, there is an increase of 50% vehicular accidents caused by fire in
Region 8;

WHEREAS, the First Party desires to promote public safety


among road users particularly motor vehicles in consonance with its fire
prevention campaign;

WHEREAS, the Second Party is responsible for promulgating,


administering, enforcing, and monitoring compliance of policies, laws,
and regulations of public land transportation services;

NOW THEREFORE, in consideration of the foregoing and the


mutual covenants, promises and agreements contained herein, the
sufficiency of which is hereby acknowledged, the Parties agree as
follows:

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Section I – Responsibilities of the First Party

a. To prevent and suppress all destructive fires on all buildings,


houses and other structures, forest, transportation vehicles
and equipment, ship or vessel docked at piers or wharves or
anchored in major seaports, petroleum industry installation,
plane crashes or other similar incidents, as well as the
enforcement of the Fire Code and other related laws in
accordance with the BFP Operational Procedures Manual
Section 2.9 and 2.14. (Emphasis supplied)
b. To provide franchise applicants of the Second Party the basic
knowledge and proper response procedures during fire
emergencies involving their vehicles;
c. To coordinate with the Second Party in designing workable and
effective lecture or training programs for their franchise
applicants;

d. To inform the franchise applicants of the Second Party


guidelines and regulations to be observed by all public
transport in aid of fire safety;

e. To assist and support the Second Party by furnishing


educational, academic, professional and technical services as
far as the R.A. 9514 (Fire Code of the Philippines 2008) is
concerned, when the need arises;

f. To designate/appoint a TRAINING TEAM from the Tacloban


City Central Fire Station (TCCFS) to represent the First Party
in all matters connected with the implementation of this
agreement and other related concerns; and

g. To collect a Fee from the franchise applicant an amount of Two


Hundred Pesos (P200.00) for the conduct of lecture/training
pursuant to R.A. 9514, Rule 12, Sec. 12.0.0.2 par. 11 on Other
Fees.

Section II – Responsibilities of the Second Party

a. To inform the Training Team of the First Party of the schedule


for the training of the franchise applicants;

b. To identify and enroll the franchise applicants who will undergo


lecture/training on Basic Fire Prevention and Suppression
Techniques. The training shall be conducted in accordance
with the training guide developed by the BFP for the franchise
applicants;

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c. To provide the venue and other needed amenities for the
lecture/training, and to ensure that the same are in good and
workable condition and conducive for learning;

d. To provide administrative or secretariat support and provide the


necessary materials, supplies and training tools for the
lecture/training upon recommendation of the First Party;

e. To ensure the safety and convenience of franchise applicants


during the lecture/training.

Section III – Effectivity and Termination

a. This Agreement shall commence upon the signing of this


document and shall remain effective unless revoked by the
parties for just and valid reasons; and

b. This Agreement shall not be revoked or modified without prior


notice to other party ninety (90) days before the intent to
terminate.

Section IV – Other Terms and Conditions

a. The First Party shall not be personally responsible for any


liability arising from damage to property or injury of persons,
which may be occasioned by the intentional or negligent acts
of the franchise applicants during the conduct of the training;

b. The franchise applicants of the Second Party shall abide by the


rules and regulations of the First Party, and comply with those
imposed Training Program; otherwise they shall be excluded
from further participation;

c. That both parties shall exert all efforts necessary to achieve


the objectives of this joint undertaking. For this purpose, the
parties shall execute and deliver such instruments and
documents that may be reasonably requested by the other
party in order to carry out the intent and accomplish the
purpose of this Agreement and the transaction covered hereby.

d. This Agreement constitutes the entire agreement between the


Parties. Thus, it supersedes everything else which has
occurred between the parties whether written or oral, including
all other communication with respect to the subject matter
hereof, which contradict, modify or vary the same. Any

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amendment hereto shall only be made if mutually agreed upon
in writing by the parties;

e. If any of the provisions of the Agreement is held invalid or


unenforceable, such invalidity or unenforceability shall not
affect the remaining provisions unless the invalidity or
unenforceability substantially frustrates the underlying purpose
and intent of the remainder of this Agreement. All terms and
conditions are severable and all remedies hereunder or at law
or in equity are cumulative and non-exclusive; and

f. Any Party’s failure to insist upon the strict performance of any


provision of this Agreement is not a waiver of any of its rights
under this Agreement.

IN WITNESS WHEREOF, the Parties have caused this


Agreement to be executed by their duly authorized representatives as
of the date first set forth above.

BUREAU OF FIRE PROTECTION


REGIONAL OFFICE 8

BY:

RENATO BADONG MARCIAL


SSUPT (DSC) BFP
Regional Director
ID Presented ______________

LAND TRANSPORTATION FRANCHISING AND REGULATORY


BOARD

BY:

Mr. GUALBERTO N GUALBERTO


Regional Director
ID Presented ______________

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WITNESSES:

____________________ ____________________
ACKNOWLEDGEMENT

Republic of Philippines )
City of Tacloban ) S.S.

Before me, a Notary Public for and in Tacloban City, this


_____________ personally appeared the above-named persons.
Known to me to be the same person who executed the foregoing
Agreement, consisting of five (5) pages, is signed by the parties and
their instrumental witnesses on each and every page thereof and they
acknowledged to me that the same is their free act and deed.

WITNESS MY HAND AND SEAL.

Doc. No. ______;


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

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Republic Act 6975 also known as the DILG Act of 1990, Section 54. Powers and Function of BFP. The
Fire Bureau shall be responsible for the prevention and suppression of all destructive fires on all
buildings, houses and other structures, forest, transportation vehicles and equipment, ship or
vessel docked at piers or wharves or anchored in major seaports, petroleum industry installation,
plane crashes or other similar incidents, as well as the enforcement of the Fire Code and other
related laws.

The Fire Bureau shall be responsible for the prevention and suppression of all destructive fires on all
buildings, houses and other structures, forest, transportation vehicles and equipment, ship or
vessel docked at piers or wharves or anchored in major seaports, petroleum industry installation,
plane crashes or other similar incidents, as well as the enforcement of the Fire Code and other
related laws. The Fire Bureau shall have the power to investigate all causes of fires and, if necessary,
file the proper complaint with the city or provincial prosecutor who has jurisdiction over the case.

2.9 FIRE IN VEHICLES, CONSTRUCTION SITES AND PROCESSING PLANTS WITH RADIOLOGICAL
SUBSTANCES

Republic Act 6975 also known as the DILG Act of 1990, Section 54. Powers and Function of BFP. The
Fire Bureau shall be responsible for the prevention and suppression of all destructive fires on all
buildings, houses and other structures, forest, transportation vehicles and equipment, ship or
vessel docked at piers or wharves or anchored in major seaports, petroleum industry installation,
plane crashes or other similar incidents, as well as the enforcement of the Fire Code and other
related laws. The Fire Bureau shall have the power to investigate all causes of fires and, if necessary,
file the proper complaint with the city or provincial prosecutor who has jurisdiction over the case.
Effectively and safely respond to fire incidents involving vehicles, construction sites and processing
plants with radiological substances and protect the firefighters from harm.

2.14 VEHICULAR FIRE

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