You are on page 1of 6

MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS THAT:

This Memorandum of Agreement (MOA) is made and entered into


by and between the following parties:

BARANGAY __________________, a political subdivision of


the government under the Republic of the Philippines, with
office address at _____________, Cebu City, Philippines,
represented herein by its Punong Barangay _____________,
who is of legal age, Filipino, with office address stated above,
herein referred to as the “Barangay”

-and-

RECYCLING INDUSTRY, a corporation/industry duly


organized and established under the laws of the Republic of
the Philippines, represented by its President/Proprietor
_____________________, of legal age, Filipino, and with
office address at ________________, hereinafter referred to
as the “RECYCLING INDUSTRY”.

WITNESSETH, that:

WHEREAS, Section 10 of Republic Act No. 9003 also known


as the Ecological Solid Waste Management Act of 2000 provides
that pursuant to the relevant provisions of R.A. 7160, otherwise
known as the Local Government Code, the LGU shall be primarily
responsible for the implementation and enforcement thereof;

Page | 1
WHEREAS, It has been a policy of the State enshrined by
Republic Act 9003 for Local Government Units Set guidelines and
targets for solid waste avoidance and volume reduction through
source reduction and waste minimization measures, including
composting, recycling, re-use, recovery, green charcoal process,
and others, before collection, treatment and disposal in
appropriate and environmentally sound solid waste management
facilities in accordance with ecologically sustainable development
principles;

WHEREAS, The Local Government Units shall retain primary


enforcement and responsibility of solid waste management while
establishing a cooperative effort among the national government,
other local government units, non-government organizations, and
the private sector;

WHEREAS, under Section 10 of Republic Act No. 9003,


segregation and collection of solid waste shall be conducted at the
barangay level specifically for biodegradable, compostable and
reusable wastes: Provided, That the collection of non-recyclable
materials and special wastes shall be the responsibility of the
municipality or city;

WHEREAS, Cebu City Ordinance No. 2031 sets the guidelines


for proper Solid Waste Management of the City. Among the
provisions of the ordinance is No Segregation, No Collection;

WHEREAS, under the existing laws and the proposed 10 Year


Solid Waste Management Plan of the City, the barangay is
mandated to have an area or material recovery facility where their
waste shall be managed. Reusable and recyclable wastes shall be
sold to recyclers while biodegradable or compostable wastes shall
be turned into compost or soil conditioner;

WHEREAS, the RECYCLING INDUSTRY is engaged in the


business of recycling waste;

Page | 2
NOW THEREFORE, for and in consideration of the foregoing
premises, an agreement is hereby created between and among the
parties herein for the purpose of doing business out of solid waste.

1. EFFECTIVITY.

This Memorandum of Agreement shall take effect on


_____________ and shall remain in full force and effect until
sooner withdrawn or revoked by any or both of the parties herein.

Further, revocation of any of the party shall take effect upon


receipt of the written notice to the other party thirty (30) days
prior to its intended date of revocation.

2. DUTIES AND RESPONDIBILITIES.

2.1. THE BARANGAY

2.1.1 The Barangay shall develop a system of collection of solid


waste in the barangay or in their area of jurisdiction.

2.1.2 The Barangay takes charge of the collection of reusable,


recyclable, and biodegradable or compostable wastes in
their barangay.

2.1.3 The Barangay shall provide garbage trucks that will


collect and dispose of garbage in the Barangay and in
their area of jurisdiction.

2.1.4 The Barangay shall be responsible for the collection of


data relating to solid waste being collected and disposed
of.

Page | 3
2.1.5 The Barangay shall be responsible for the strict
enforcement of segregation at source and the “No
Segregation, No Collection” policy of the City as outlined
in City Ordinance No. 2031.

2.1.6 The Barangay shall be responsible to allocate sufficient


resources to effectively implement and sustain solid
waste management programs and projects in partnership
with the private sectors and stakeholders.

2.1.7 The Barangay shall be responsible to encourage different


sectors of the community to take part and support solid
waste management initiatives and practices as part of
their Corporate Social Responsibility (CSR).

2.1.8 The Barangay shall be responsible for the payment of


necessary fees and charges, should there be any, to the
Recycling Industry.

2.2. THE RECYCLING INDUSTRY

2.2.1 The Recycling Industry shall be responsible to accept and


process solid waste deposited by the Barangay to their
facility.

2.2.2 The Recycling Industry shall be responsible for the


accomplishment of permitting and reportorial
requirements, such as but not limited to the collection of
data, to the Cebu City Environment and Natural
Resources Office (CCENRO), Department of Public
Services (DPS), DENR-EMB VII, and all other agencies of
the government in order to continue their operations.

2.2.3 The Recycling Industry shall be responsible for the


maintenance of its equipment.

Page | 4
2.2.4 The Recycling Industry shall be responsible for the hiring
of its own manpower compliment for its full operation.

3. Herein parties undertake to faithfully perform their assigned duties


and responsibilities as hereinafter laid down to ensure that its
purpose will be in full force and effect.

4. Amendment to any and all provisions shall not take effect unless
agreed and signified by both parties in writing.

5. Both parties shall undertake to observe emergency measures


should the attendant circumstance call for its action.

IN WITNESS WHEREOF, the parties herein affixed their respective


signatures on this ____________ in the City of Cebu, Philippines.

THE PARTIES:

Competent Evidence of
Identity Signature
Name
Type of ID ID Number

REPUBLIC OF THE PHLIPPINES)


CITY OF CEBU ) S.S.

Page | 5
ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the City of Cebu,


Philippines, personally appeared the following:

Competent Evidence of
Identity
Name
Type of ID ID Number

who represented to me that their respective signatures on the foregoing


instrument were voluntarily affixed by them for the purposes stated in the
instrument and who declared that they have executed the foregoing
instrument as their free and voluntary act and deed.

This Instrument consists of only _________________, including this


page in which this acknowledgment is written, duly signed by the parties
and their instrumental witnesses on each and every page hereof.

WITNESS MY HAND AND SEAL this ___________________ at Cebu


City, Philippines.

Doc. No. ____;


Page No. ____;
Book No.____;
Series of 2023.

Page | 6

You might also like