MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement is made and entered into by and between:

The Municipal Government of Baybay City, Leyte a Local Government Unit,

operated and existing under Philippine laws herein represented by its Municipal
Mayor, Honorable JOSE CARLOS CARI as the FIRST PARTY
and
The Municipal Government of Inopacan, Leyte a local government unit operated
and existing under Philippine laws, represented by its Municipal Mayor , Honorable
AZUCENA P. MIRAMBEL, herein after referred to as the SECOND PARTY.

WITNESSETH:

WHEREAS, Section 51 of Republic Act No. 9165, otherwise known as the

Comprehensive Dangerous Act of 2002, as amended (the Act) mandates that Local
Government Units shall appropriate a substantial portion of their annual budget to
assist in or enhance the enforcement of the Act giving priority to preventive or
educational programs and the rehabilitation or treatment of drug dependents;

WHEREAS, Section 84 (a) of the Act provides for the Philippine Drug Enforcement
Agency (“PDEA”) to : “Implement or cause the efficient and effective implementation
of the national drug control strategy formulated by the Board thereby carrying out a
national anti- drug campaign program which shall include drug law enforcement,
control and prevention campaign with assistance of concerned agencies;

WHEREAS, the Department of the Interior and Local Government (DILG) issued
Memorandum Circular No. 2009-09 (Subject: Unified Actions Against Illegal Drugs and
Other Substances), which mandates that it is a principal responsibility of local
authorities to support overall government efforts to address illegal drugs and other
substances ;

WHEREAS , there is a need to provide to complement the provisions of Regulation No.

3 series 2016, particularly on the coordination among LGUs with the National
Government and other stakeholders in providing interventions to drug personalities
who voluntarily surrendered;

WHEREAS, Section 16 of RA 7160 provides that: Every local government unit shall
exercise the powers expressly granted, those necessarily implied therefrom, as well as
powers necessary, appropriate, or incidental for its efficient and effective governance,
and those which are essential to the promotion of the general welfare ;

WHEREAS , Balay Silangan, is a project under DDB Regulation 2 that provides

guidelines in reforming drug offenders into self-sufficient and law-abiding members of
society. It was passed in January 2018, aiming to augment the community-based
rehabilitation program of local governments.

Whereas, MADAC shall be in-charge in the forming and activation of the Drug
Reformation Program Committee. The Committee shall be in-charge of the formulation
of the Action Plan and the adoption of the Program of Instruction (POI) for the
implementation of the Balay Silangan Program;
Whereas, the Municipality of Inopacan, Leyte does not have it own Balay Silangan an
institution to provide for the establishment of necessary structures, manpower, funds,
and other needs that are deemed necessary for providing training and livelihood
programs to beneficiaries of the Balay Silangan ;

Whereas Balay Silangan is necessary as this is considered an instrument for the

reformation of drug personalities who are not eligible to be admitted in the Treatment
and Rehabilitation facilities supervised by the Department of Health (DOH);

Whereas, the municipal government of Inopacan, Leyte hopes to provide and fulfil its
legal mandate even in the absence of the physical structure within the municipality;

Whereas, the municipal government of Baybay City, Leyte has its own Balay Silangan
and even willing to extend its duties to the nearby municipality;

NOW THEREFORE in the light of the foregoing premises, the PARTIES now enter into
this Agreement and commit to do the following in line with the abovementioned
project/ program sought to be implemented.

Section 1. SCOPE AND LIMITATION :

The guidelines shall provide for programs for drug offenders surrendering
under Regulation No. 3, Series of 2016 issued by the Board. It defines “ rehabilitation”
as pertain ing to two distinct situations :

Medical Rehabilitation – The process of helping substance/ drug addicted

individuals stop compulsive substance/drug seeking and use. It may involve a series of
bio-psycho- social interventions provided by health professionals to remove toxins in
the body and modify behavior of the substance/drug dependent. This definition would
usually apply to those who have tried using mood altering substances to and /or
already dependent on these substances.

Reformatory Rehabilitation – The process of rectifying or modifying negative

attitude and behavior to enable the person to be more productive and acceptable to
society. This may also include facilitating the reintegration of the individual back to his
family and community. This would usually apply to violators who may or may not
have used substances and/ or dependent to these substances

Section 2. ELIGIBILITY OF THE PROGRAM

1. Eligible for Balay Silangan are drug personalities who voluntarily

surrendered and do not belong to the PDEA and Philippine National Police
target list, wanted list, and watch list or has no pending criminal case or
cases.

2. Also eligible are drug personalities who have availed of the plea bargaining
agreement and/or convicted under Section 15 (use of dangerous drugs) of the
Comprehensive Dangerous Drugs Law of 2002 and willing to undergo drug
reformation program, which shall serve as an alternative intervention;

3. Drug personalities who have served jail term for violation of the anti-illegal
drug law.
Section 3. ROLES AND RESPONSIBILITIES

RESPONSIBILITY OF THE FIRST PARTY

1. Accept endorsement from the Second Party for the admission of the drug
personality in Balay Silangan;
2. Provide Human Resources who will serve as personnel and Subject Matter
Experts for the Program ;
3. Spearhead the Implementation of the Reformative Intervention Program
Framework designed by the national concerned agencies to assure evidence-
based and rights- based activities which conform with international standard
and principles;
4. Collect from the Second Party for every admitted drug personality for the
conduct and implementation, availment of services and facilities in Balay
Silangan in accordance to the budget of the Second Party;
Facilities include but not limited to :
 Classrooms
 Sleeping Areas
 Shower Areas and Toilet
 Mess Area/Pantry
 Library
 Clinic ( accredited /monitored by DOH Regional Hospital
 Sports /Recreation Area

5. Ensure the Security of the facility and to discourage un authorized departure

of those undergoing the Program;

RESPONSIBILITY OF THE SECOND PARTY :

1. Ensure that the MADAC has already an existing Drug Reformation

Committee and has adopted the Program of Instruction to cater eligible drug
personalities;
2. Recommend and Endorse the eligible drug personalities to be admitted in
BALAY SILANGAN;
3. Ensure that financial and logistics support needed are provided;
4. Provide Counterpart budgeting in all activities for every drug personality
committed in Balay Silangan;
5. Facilitate through issuance of necessary resolution by the concerned
Municipal Council relative to the agreement between municipalities in
relation to Balay Silangan;
6. Conduct regular and random visit to BALAY SILANGAN;

Section 4. SETTLEMENT OF DISPUTES

Any dispute between the First Party and the Second Party arising out of the
interpretation or Execution of this MOA shall be settled by mutual agreement .

Section 5. EFFECTIVITY AND TERMINATION

This agreement shall take effect upon signing of both parties and shall remain in
force for a period unless, revoked , revised or amended upon expressed mutual
agreement by both parties thereto.
IN WITNESS WHEREOF, the parties have set their hands this _____________ at
__________________

First Party :

Local Government Unit of Baybay City, Leyte

Represented by:

JOSE CARLOS CARI

Second Party :

Local Government Unit of Inopacan, Leyte

Represented by:

AZUCENA P. MIRAMBEL M.D.F.P.O.G.S

ACKNOWLEDGMENT

Republic of the Philippines)

Province of Leyte ).
City/ Municipality ) S.S

BEFORE ME, a Notary Public, for and in the City of Baybay, Leyte,
Philippines, this _____________, personally appeared the parties known
to me to be the same persons who executed the foregoing instrument. This
Memorandum of Agreement consists of _____ (____) pages including this
page where the acknowledgement is written, signed by the parties and
their instrumental witnesses, and the parties acknowledged to me that the
same is their free act and voluntary deed.

WITNESS MY HAND AND SEAL this

__________________________________ at Baybay City, Leyte

Doc. No. ____;

Page No. ____;
Book No. _____;
Series ________.