REPUBLIC OF THE PHILIPPINES

ILOILO CITY
CITY LEGAL OFFICE
 Iloilo City Hall, De la Rama Street, 5000, Iloilo City, Philippines /rud

Legal Opinion No.

Date: 01 March 2018
Subject: MEMORANDUM OF AGREEMENT BETWEEN THE
DEPARTMENT OF INFORMATION AND
COMMUNICATIONS TECHNOLOGY AND ILOILO CITY
GOVERNMENT ON FREE USE OF THE Tech4Ed PLATFORM
WITH CONDITIONAL DONATION OF THIN CLIENT
EQUIPMENT PACKAGE.

Referred to this Office is the 1st Endorsement dated 15 February

2018 of Marion Vargas-Aguirre, Librarian IV, Iloilo City Public
Library, relative to the Memorandum of Agreement (MOA)
between the Department of Information and Communications
Technology (DICT) and Iloilo City Government on free use of the
 REPUBLIC OF THE PHILIPPINES
ILOILO CITY
CITY LEGAL OFFICE
 Iloilo City Hall, De la Rama Street, 5000, Iloilo City, Philippines /rud

Tech4Ed platform with conditional donation of Thin Client

Equipment Package for study and recommendation or legal
opinion.

After a perusal of the provisions of the MOA, this Office finds

no legal impediment in executing the same.

In summary, the MOA pertains to the implementation of the

Tech4Ed Project which is a national digital inclusion initiative that
seeks to establish Community eCenters that will provide e-
government and ICT-enabled services in communities with lack or
minimal access to information and government services. By this
project, it will enhance and modernize IT systems installed in
selected centers in local government units, schools, libraries,
 REPUBLIC OF THE PHILIPPINES
ILOILO CITY
CITY LEGAL OFFICE
 Iloilo City Hall, De la Rama Street, 5000, Iloilo City, Philippines /rud

government agencies and will further adhere to the mandate of

Section 25 paragraph (b) of Republic Act No. 7160 otherwise
known as the Local Government Code of 1991, which states that:

“National agencies and offices with project implementation

functions shall coordinate with one another and with the local
government units concerned in the discharge of these functions. They
shall ensure the participation of local government units both in the
planning and implementation of said national projects.”

While the City of Iloilo will incur costs in compliance with the
responsibilities set forth by the MOA, it will then be justified as the
same is empowered to impose charges and fees for the use of the
computers of the Tech4Ed centers at a cost the City may deem
appropriate and sufficient to be used exclusively for the
 REPUBLIC OF THE PHILIPPINES
ILOILO CITY
CITY LEGAL OFFICE
 Iloilo City Hall, De la Rama Street, 5000, Iloilo City, Philippines /rud

maintenance and expansion in order to achieve the goal of the

project.1

Being advantageous for the City Government and having no

legal impediment in implementing the MOA, this Office
RECOMMENDS to specify, with certainty, the period of
commencement and implementation of the project i.e., the
installation of the equipment, upon effectivity; and that the same
be forwarded to the Sanggunian Panlungsod for the grant of
proper Authority to the City Mayor to sign.

1
Item No. 3.6 of the draft Memorandum of Agreement.
 REPUBLIC OF THE PHILIPPINES
ILOILO CITY
CITY LEGAL OFFICE
 Iloilo City Hall, De la Rama Street, 5000, Iloilo City, Philippines /rud

ATTY. FHYMORE F. GASCON

Attorney III

Noted:

ATTY. LORNA G. LAUREA

City Legal Officer
 REPUBLIC OF THE PHILIPPINES
ILOILO CITY
CITY LEGAL OFFICE
 Iloilo City Hall, De la Rama Street, 5000, Iloilo City, Philippines /rud
 REPUBLIC OF THE PHILIPPINES
ILOILO CITY
CITY LEGAL OFFICE
 Iloilo City Hall, De la Rama Street, 5000, Iloilo City, Philippines /rud

2nd Endorsement
08 March 2018

Returned to MARION VARGAS-AGUIRRE, RL., Librarian

IV, Iloilo City Public Library her 1st Endorsement dated 15
February 20178 relative to the final draft of the Memorandum of
Agreement between the Department of Information and
Communications Technology and Iloilo City Government on free
use of the Tech4Ed platform with conditional donation of Thin
Client Equipment Package with the attached legal opinion.
 REPUBLIC OF THE PHILIPPINES
ILOILO CITY
CITY LEGAL OFFICE
 Iloilo City Hall, De la Rama Street, 5000, Iloilo City, Philippines /rud

ATTY. FHYMORE F. GASCON

Attorney III

Noted:

ATTY. LORNA G. LAUREA

City Legal Officer