MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding, made and entered into this ___ day
of _____ 2016 in the City of Cagayan de Oro, by and between:

The Roads and Traffic Administration, a local

government office duly created and organized in accordance with
law, duly authorized to implement C.O. 10551-2007, otherwise
known as the Traffic Code of Cagayan de Oro City, with office and
postal address at ABC Building, City Engineering Compound,
Cagayan de Oro City, represented herein by its Overseer, ATTY.
JOSE EDGARDO Y. UY, hereinafter referred to as the RTA,

- and –

The City Licensing Division, a local government office

duly created and organized in accordance with law, duly authorized
to issue and approve motorela franchises, with office and postal
address at City Hall, Cagayan de Oro City, represented herein by its
Mayor, OSCAR S. MORENO, hereinafter referred to as the RTA,

W I T N E S S E T H, That:

WHEREAS, the Roads and Traffic Administration [RTA] of the CITY is

solely vested with the power to enforce and implement the Traffic Code of
Cagayan de Oro City and other traffic laws, rules and regulations, and such traffic
management plans and programs that may be drawn or prepared.

WHEREAS, the members of the DEPUTY have undergone various

seminars and trainings on handling vehicular traffic and on the implementation
of traffic laws, rules and regulations, and now offers itself and its members to be a
part of the deputized volunteer groups that shall assist the RTA in the
enforcement and implementation of the Traffic Code of Cagayan de Oro City and
other related laws, rules and regulations.

WHEREAS, the CITY welcomes the DEPUTY as a volunteer group that is

willing to assist the RTA specifically on the enforcement and implementation of
traffic laws, rules and regulations, and expresses that this Memorandum of
Understanding is executed based on the element of trust that the CITY has over
the DEPUTY as an organization in general, and its officers in particular, and on
the element of accountability with which the DEPUTY hereby bind themselves
unconditionally.

NOW, THEREFORE, for and in consideration of the mutual

understanding of the parties hereto, the CITY and DEPUTY hereby define the
following terms and conditions of understanding, as follows:

1. The CITY shall accredit and deputize the DEPUTY to assist the former in the
enforcement and implementation of traffic laws, rules and regulations,
including but not limited to City Ordinance No. 10551-2007 or the Traffic
Code of Cagayan de Oro City, the Transportation Code of the Philippines, and
such other traffic laws and regulations that are applicable within the
jurisdiction of Cagayan de Oro City, provided that deputation of DEPUTY’s
member-volunteers shall be specific to qualified volunteers of the DEPUTY,
and such deputation shall not be transferrable to any other person or persons.

2. The DEPUTY or any of its volunteer-members shall receive no compensation,

financial or vehicular support, or any emolument whatsoever by virtue of this
 accreditation and deputation, or as may be brought about by this
Memorandum of Understanding, except sharing of administrative fines paid
by apprehended motorists, as may be provided for any City Ordinance.

3. The DEPUTY shall hold the RTA, the CITY, or any of their respective officers
and employees free and harmless against all liabilities for any damage, loss or
injury incurred upon the PUBLIC by the DEPUTY or any of its volunteers, or
upon any property for any reason at all, by virtue of this accreditation and
deputation.

4. This Memorandum of Understanding shall not preclude the CITY from

accrediting or deputizing any other volunteer group that it may find fit to
assist the City in the enforcement and implementation of traffic laws, rules
and regulations in the City.

5. The CITY shall have full control over the enforcement and implementation of
the traffic laws, rules and regulations, and shall, at any time, have the power
to review, overrule, revise, modify, revoke, or otherwise alter decisions of the
DEPUTY on any matter covered by this Memorandum of Understanding and
any of its references.

6. The CITY shall have the power to cancel, modify, revoke, or otherwise alter
this Memorandum of Understanding at any time without any prior notice to
the DEPUTY, and/or to cancel the accreditation and deputation of the latter,
or of any of its volunteers, at the sole option of the CITY.

7. The DEPUTY, guided by the existing laws, rules and regulations, and by the
generally accepted principles of customer service and customer relations,
shall:

a. Abide by the rules and regulations promulgated by the RTA, the Office
of the City Mayor, the City Council, and other duly constituted
authorities of the CITY, and of the national governmental agencies or
offices whose functions deal with the promulgation, enforcement and
implementation of traffic laws, rules and regulations.

b. Be authorized, only through its identified deputized volunteers, to issue

Traffic Citation Tickets [TCT] and other official RTA forms and shall be
accountable for such TCT’s to the RTA and to the CITY, and shall
remit, on a daily basis, to the latter all issued TCT’s for monitoring and
other related purposes. For this purpose, the DEPUTY shall submit to
the RTA the names of its accredited members who shall be authorized
to issue TCT’s and in no case shall the DEPUTY allow any of its
volunteers or members to keep TCT’s or issue the same, unless written
prior approval is secured from the RTA. It is hereby understood that
the issuance of TCT’s to any of the deputies shall be at the sole option
of the RTA or the CITY.

c. Be accountable for all TCT’s and official forms issued by its deputized
volunteers in similar manner as employees of the RTA are.

d. Appear as witnesses for and in behalf of the RTA and the CITY in cases
that may be filed against erring motorists, commuters, pedestrians
and/or business establishments in cases where the DEPUTY and/or its
deputized volunteers have issued TCT’s for violations of the traffic
laws, rules and regulations.
 e. Make available its volunteers in the conduct of operation by the RTA,
subject to prior arrangements. It is hereby clearly understood that the
DEPUTY shall merely be augmenting the existing RTA Traffic Aide
complement by virtue of this accreditation and deputation agreement.

f. In the event it shall make separate traffic operations [apprehension of

traffic violators, manning of portions of CITY streets and the like], it
shall promptly inform the RTA through the Assistant Department
Head or its Consultant, Overseer, or the Chairman of the Task Force
Hapsay Dalan. Operations conducted by the DEPUTY outside of the
agreed locations, schedules and terms shall not be covered by this
MOU but shall be deemed separate voluntary actions and operations of
the DEPUTY for which the CITY shall not be held liable or responsible
whatsoever.

g. Document its operations especially in instances of apprehension of

violators of traffic laws, rules and regulations for the protection of its
members and of the CITY and submit spot reports to the RTA through
its Assistant Department Head not later than 24 hours from the time of
authorized operation.

h. Not commit any act of harassment against motorists, commuters

and/or pedestrians in the conduct of its activities pursuant to this
Memorandum of Understanding.

i. The Deputies must, in the conduct any traffic assistance operation,

wear their DEPUTY-prescribed uniform and Identification Cards to
identify themselves as an accredited and deputized volunteers.

8. The CITY, by itself or through the RTA, shall:

a. Recognize the DEPUTY as an accredited deputized volunteer group in

the enforcement and implementation of traffic laws, rules and
regulations within the territorial jurisdiction of City of Cagayan de Oro.

b. Issue to the DEPUTY deputized volunteers such required number of

TCT’s for use in the operation of the former whether separately of RTA
operation or in support of the latter.

c. Provide, subject to the availability of personnel, Traffic Aides in

support of the operations that may be conducted by the DEPUTY
within the regular working hours of any day of the week.

d. Issue the necessary accreditation or deputation Identification Card

which shall be designed and produced by the DEPUTY, subject to the
approval of the CITY, provided that such ID cards shall be used for the
purpose of identifying DEPUTY volunteers only when conducting
operations as herein contemplated.

9. Any amendment to this Memorandum of Understanding shall be valid only

when mutually agreed upon by the parties hereto and when formally done,
unless specifically stipulated elsewhere herein.

10. This Memorandum of Understanding shall take effect upon the execution
hereof and shall remain valid for a period of THREE months thereafter, and
shall be automatically renewing under the same terms and conditions, unless
earlier terminated or revoked by the CITY for any reason.
 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
this _____ day of _______________ 2016 in the City of Cagayan de Oro.

CITY OF CAGAYAN DE ORO GAISANO CITYMALL

By: By:

OSCAR S. MORENO ZENON B. FUDALAN

City Mayor Traffic Management Director

Signed in the presence of:

Atty. JOSE EDGARDO Y. UY and Engr. NONITO A. OCLARIT

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )

CITY OF CAGAYAN DE ORO ) s.s.

BEFORE ME, Notary Public for and in the City of Cagayan de Oro, this
_____ day of ______________ 2016, personally appeared OSCAR S.
MORENO, in his capacity as the Mayor of the City of Cagayan de Oro, and
ZENON B. FUDALAN, in his capacity as the Traffic Management Director of
Gaisano CityMall, with Proof of Identity
____________________________________, issued by
________________________ on ________________, both known to me
to be the same persons who executed the foregoing instrument, and
acknowledged to me that the same is their free and voluntary act and deed, as
well as those of the principals therein represented.

WITNESS MY HAND AND SEAL.

Doc. No. ____

Page No. ____
Book No. ____
Series of 2016.