MEMORANDUM OF AGREEMENT

This Agreement made and entered into this 13th day of August 2021 at Mabical Elementary School,
Mabical Floridablanca ,Pampanga , Philippines, by and between:

The DEPARTMENT OF EDUCATION, a government entity mandated by law, particularly B.P. 232,
otherwise known as the “Education Act of 1982,” as amended by Republic Act No. 9155, otherwise known as the
“Governance of Basic Education Act of 2001”, with principal address at High School Boulevard, Brgy. Lourdes,
City of San Fernando, Pampanga, Philippines represented by it’s School Head, REGINA S. VALDEZ, herein
referred to as “DepEd”;

-and-

The GROLIER INTERNATIONAL INC., 27/F Prestige Tower, F. Ortigas Jr. Road, Ortigas
Center, Pasig City 1605, represented by Team Leader ,Mr. Ignacio Umali Jr., hereinafter referred to as
“Donor”

WITNESSETH THAT:

WHEREAS, DepEd believes that one way of fulfilling its mandate and functions in providing better
delivery of basic education is to collaborate with other government and non-government organizations and other
stakeholders for auxiliary resources;

WHEREAS, Republic Act No. 8525 (RA 8525), otherwise known as the “Adopt-a-School Act of 1998”
was enacted to encourage private entities to assist in the delivery of better quality education to public schools in
the country, particularly in the poverty-stricken provinces;

WHEREAS, Revenue Regulations No. 10 s. 2003, Implementing the Tax Incentives Provision of RA
8525, otherwise known as the Adopt-a-School Act of 1998, has been issued by the Department of Finance thru
the Bureau of Internal Revenue;

WHEREAS, both parties recognize and undertake compliance with Republic Act No. 10173, or the
“Data Privacy Act of 2012,” its Implementing Rules and Regulations, and other related issuances of the National
Privacy Commission (NPC) and “Freedom of Information Order under E.O. No. 2, S. 2016” for the
implementation of this Agreement;

WHEREAS, DepEd, in line with the policy under Joint Memorandum Circular 2010-01 issued by the
Civil Service Commission and the Department of Health, and DepEd Order No. 6, s. 2012 and DepEd Order No.
48, s. 2016, does not deal with the tobacco industry, or any individual or entity that works to further the interests
of the tobacco industry, except to the extent strictly necessary to effectively regulate the tobacco industry and
tobacco products;

WHEREAS, DepEd, shall comply with the applicable rules on the valuation of contributions or donations
of private partners to DepEd and the proper recording of the donated items categorized as Property, Plant and
Equipment as contained in Item VII of the enclosure to DepEd Order No. 24, s. 2016 entitled “Guidelines on
Accepting Donations and on Processing Applications for the Availment of Tax Incentives by Private Donor-
Partners Supporting the K to 12 Program”, which provides the Valuation of Assistance/Contribution or Donation
and the formula of computation for the value to be reflected in the Deed of Donation and in the records of
donated goods and services and DepEd Order No. 82, s. 2011 entitled “Guidelines on the Proper Recording of
all Donated Properties;”

WHEREAS, the Parties shall comply with the provisions of DECS Order No. 28, s. 2001 or “Prohibiting
the Commercialization of the DECS Organization through Endorsements and Accreditation of Goods and

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Services” in the implementation of the program, and DepEd Order No. 39 s. 2009 or “Strict Adherence to DepEd
Order No. 28, s. 2001”;

WHEREAS, GROLIER INTERNATIONAL INC, a wholly owned subsidiary of Scholastic

Corporation, the world’s largest publisher and distributor of Children’s books and educational
materials.

WHEREAS, GROLIER INTERNATIONAL INC, is committed to shares the same mission of

educating the youth by promoting love for reading and learning.

NOW, THEREFORE, for and in consideration of the foregoing premises and the terms and conditions
herein set forth, the parties agree as follows:

Article I. GROLIER INTERNATIONAL INC SPONSORSHIP AND ADVOCACIES IN EDUCATION

GROILER INTERNATIONAL INC Supports the advocacies of education by conducting its
project known as “Donation of Scholastic Books that will encourage learners of Mabical
Elementary School to enjoy reading and learning.

Article II. PROGRAM SCOPE AND BENEFICIARY

The project “Donation of Scholastic Books” will benefit 302 learners of Mabical Elementary School.
The books that they will donate will be added to the Library collection which can be borrowed by the
Mabical Learners.

Article III. PROGRAM COST

The estimated total cost of the Project is is Twenty Thousand Pesos (Php 20,000). A detailed
breakdown of the projected cost is provided in Annex “(LETTER)” which is made an integral part
hereof.

Article IV. RIGHTS AND RESPONSIBILITIES

(Refers to the tasks and obligations of each Party. Please note that partners may add on this
section, and contextualize it)

Section 1. DepEd shall:

1.1. Provide policy guidance and directions to ensure the proper implementation of
the Program;
1.2. Designate a Focal Person to serve as Partnership Coordinator for this
Partnership Agreement;
1.3. Coordinate with the GROLIER INTERNATIONAL INC in the
implementation of the Program, including the acceptance of the package of
assistance and execution of corresponding Deeds of Acceptance through the
School Heads/Principals;
1.4. Assist in the evaluation of the implementation of the Program; and,
1.5. Review and endorse the application of GROLIER INTERNATIONAL INC
for tax incentive entitlement to the Revenue District Office of the Bureau of
Internal Revenue.

Section 2. GROLIER INTERNATIONAL INC shall:

2.1. Provide funding in accordance with the provisions covering a particular project
of the Program;
2.2. Provide materials and volunteer resources required for the Program;

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 2.3. Provide Division Office with regular reports, updates, as well as requested data
and information, that could help provide inputs to enhancing education
programming in the partnership;
2.3. Execute a Deed of Donation in favor of DepEd for the completed project and
submit all pertinent documents in support to the amount specified/ claimed for
tax incentive application;
2.4. Select and identify target areas/schools in close coordination with DepEd for
the implementation of the Program;
2.5. Coordinate with key local government executives;
2.6. Take the lead in the implementation of the Program; and
2.7. Render periodic report assessment of the Program within any particular area to
the proper local government unit/ government agency.

Section 3. Joint Responsibility (if necessary):

3.1.
3.2.

Article V. TERM AND TERMINATION

(Refers to the agreed time period of effectivity for the program, and the terms and conditions
relative to its termination. Note that the term should at least be two years)

Unless sooner terminated by one of the parties for whatever reason, this Agreement shall be
carried out for a period of two (2) years from its signing, subject to renewal for such period and
under such terms and conditions agreed upon by the Parties.

Either of the Parties may terminate the MOA upon giving a 30-day notice prior to the intended date
of termination.

Article VI CAPACITY AND AUTHORIZATION

(Refers to the clause which provides that the signatories have the capacity, power and requisite
authorization to enter into an agreement)

Each of the parties to this Agreement hereby represents and warrants to the other that it is duly
authorized and empowered to execute, deliver and perform this Agreement and that such action
does not conflict with or violate any provision of law, regulation, policy, contract, deed of trust or
other instrument to which it is a party or by which it is bound and that this Agreement constitutes a
valid and binding obligation of it enforceable in accordance with its terms.

Article VII LIABILITY, INDEMNITY, AND SEPARABILITY CLAUSE

(Refers to the clauses which provides that liability incurred by the focal person shall not affect the
contract of the Parties; in case of breach or violation of any law, the Party responsible shall be
solely liable and shall indemnify the Party affected; and in case where a provision of this Agreement
has been judicially declared null and void, such nullity shall not affect the validity of the remaining
provisions)

In case of breach of this Agreement, or violation of any law, the Party responsible thereto shall be
solely liable and shall indemnify the Parties affected by the breach.

Any provision of this Agreement which is held invalid or unenforceable shall be ineffective to the
extent of such invalidity or unenforceability without invalidating or rendering unenforceable the
remaining provisions hereof, and any such invalidity or unenforceability in any jurisdiction shall not
invalidate or render unenforceable such provisions in any other jurisdiction.

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Article VIII. BREACH OF CONTRACT
(Refers to the clause which provides that the violation or omission of any of the provisions of this
Agreement shall be ground for the cancellation or rescission of the same without need for legal or
court action)

The violation or omission of any of the provisions of this Agreement shall be ground for the
termination of this Agreement, without prejudice to other remedies available to the aggrieved party.
No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior,
concurrent or subsequent breach of any other provision of this Agreement, unless expressly stated.

Article IX. AMENDMENTS

(Refers to the clause which provides that the agreement may be revised, amended or modified only
through a written instrument duly executed and signed by all parties)

This Agreement may not be released, discharged, supplemented, interpreted, amended, varied or
modified in any manner except in writing signed by a duly authorized officer or representative of
each of the parties hereto.

Article X. SETTLEMENT OF DISPUTE

In case of conflict between the parties arising from this Agreement, both parties agree to freely and
voluntarily submit themselves to necessary consultation and negotiation for purposes of amicable
settlement and find a mutually acceptable solution to their conflict or dispute. Should the Parties fail
to reach an amicable settlement of their dispute, the Parties agree to submit to arbitration, in
accordance with governing laws and regulations.

Article XI. DATA PRIVACY

1. Any data and information gathered, obtained, used, or processed in relation to the
MOA, which are covered by the “Data Privacy Act of 2012” and the governing rules and
regulations should accordingly be protected and treated by both PARTIES with confidentiality
and privacy, during and even after the termination of the MOA.

2. Both Parties shall ensure strict compliance with the Data Privacy Act of 2012, its
Implementing Rules and Regulations, other relevant laws and other issuances of the National
Privacy Commission.

Article XII. MISCELLANEOUS

1. All Parties shall comply with Republic Act No. 8293, otherwise known as the Intellectual
Property Code of the Philippines.

2. Nothing in this Agreement shall constitute a partnership among the parties nor constitute one
party the agent of the other parties and vice versa. Except as set out in this Agreement, no
party shall have express or implied authority to bind or represent any other party for any
purpose whatsoever unless expressly agreed in writing by the party concerned.

3. The parties shall not assign their responsibilities to any third party without prior written notice
to the other parties.

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 4. This Agreement constitutes the entire agreement among the parties and supersedes all
previous agreements and all previous undertakings, representations, warranties and
conditions made or given by or on behalf of the parties to the others, relating to the subject
matter of this Agreement, whether oral or written, express or implied.

IN WITNESS WHEREOF, the parties have signed this Memorandum of Agreement as of the date first
above written at.

DEPARTMENT OF EDUCATION GROLIER INTERNATIONAL INC

IGNACIO UMALLA JR.

Grolier International Inc. Representative
REGINA S. VALDEZ
School Head

SIGNED IN THE PRESENCE OF:

ROSE ANN M. MANLULU MARILYN ESTRELLA

ASP/BE Coordinator Grolier International Inc. Representative

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 ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

_____________________________) S.S.

BEFORE ME, a Notary Public for and in FLORIDABLANCA PAMPANGA personally appeared the following:

Name Government Issued ID Date and Place Issued

(Details)
REGINA S. VALDEZ
IGNACIO UMALLA JR.
TEAM LEADER

Known to me and to me known to be the same persons who executed the foregoing Memorandum of
Agreement, signed by the PARTIES and their instrumental witnesses, and they acknowledged to me that the
same is their free voluntary act and deed and that of the corporations they represent respectively. This
Memorandum of Agreement consists of TWENTY THOUSAND PESOS (20,000) pages including this page in
which this acknowledgment is written, signed by the parties in their instrumental witnesses each and every page
thereof.

WITNESS MY HAND AND NOTARIAL SEAL, on the date at the place first written above.

NOTARY PUBLIC

Doc. No. _______

Page No. _______
Book No. _______
Series of 2021.

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