MEMORANDUM OF AGREEMENT

This Agreement made and entered into this _____ day of _______ at ______________,

Philippines, by and among:

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 DepEd Complex,
Meralco

Ave., Pasig City 1600, Metro Manila, Philippines represented by its (Position of Authorized
Signatory),

(NAME), herein referred to as “DepEd”;

The (NAME OF PARTNER), (Recital of Existence), (Office Address), represented by its (Position of

the Authorized Signatory) and (NAME OF AUTHORIZED SIGNATORY), hereinafter referred to as

“(Abbreviation of the Name of the Partner)”;

(hereinafter referred individually as the “Party”; and collectively as the “Parties,” (include the latter if

needed)

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 ensure compliance with Republic Act No. 10173, or the

“Data Privacy Act of 2012” and “Freedom of Information Order under E.O. No. 2. S. 2016”;

WHEREAS, DepEd, in line with the policy enunciated 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 interest of the tobacco industry, except to the extent strictly necessary to effectively
regulate

the tobacco industry and tobacco products;

WHEREAS, DepEd, in compliance with Executive Order No. 51 on the “Adopting a National Code

of Marketing of Breastmilk Substitute, Breastmilk Supplements and Related Products, Penalizing

Violations

Thereof, and for Other Purposes” and with DepEd Order No. 80, s. 2012 entitled “Strengthening the

Lactation Stations in Schools and Compliance with Executive Order No. 51,” does not engage with

companies manufacturing milk and infant formula products;

NOW THEREFORE, for and in consideration of the foregoing premises and the terms and

conditions herein set forth, the parties hereby agree as follows:

Article I Program Description and Scope

(Refers to the comprehensive definition of the program including objectives and all

relevant information)

Article II Program Beneficiary

(Refers to the name of the recipient, including its total number)

Article III Program Cost

(Refers to the total amount necessary for the program, including its funding source)
Article IV Rights and Responsibilities

(Refers to the tasks and obligations of each Party)

Section 1. DepEd shall:

1.1

1.2

Section 2. (Name of Partner) shall:

2.1

2.2

Section 3. Joint Responsibility (if needed):

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)

Article VI Capacity and Authorization

(Refers to the clauses which provides that the signatories have the capacity, power and

requisite authorization to enter an agreement)

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)

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 of rescission of the same without

need for legal and court action)

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)

Article IX Miscellaneous

Section 1. Intellectual Property

All Parties shall comply with Republic Act No. 8293, otherwise known as the Intellectual

Property Code of the Philippines

Section 2. Data Privacy

All data or information belonging to or provided by DepEd should be protected and shall

not be used without the express written consent of DepEd during the term and even after

the termination of the Agreement, thus the data and information should be in compliance

with the confidentiality and privacy requirement enshrined under Section 4 of Republic Act

No. 10173, otherwise known as the “Data Privacy Act of 2012”.

IN WITNESS WHEREOF, the parties have signed this Memorandum of Agreement as of the date

first above written at.

DEPARTMENT OF EDUCATION THE PARTNER

AUTHORIZED SIGNATORY AUTHORIZED SIGNATORY

Position Position

SIGNED IN THE PRESENCE OF:

WITNESS FROM DEPED WITNESS FROM PARTNER

Position Position

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES

_______________________________) ss

BEFORE ME this __________ (date) __________, personally appeared:

NAME CTC NO. /PASSPORT NO. Date and Place Issued

(DEPED Representative)

(Partners Representative)

Known to me and to me known to be same persons who executed the foregoing instrument, and
they

acknowledged to me that the same is their free and voluntary act and deed and that of the entities
they herein

represent. This Memorandum of Agreement consists of ___ pages including this page in which this

acknowledgement 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
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