LGU Free Public Wi-Fi and

Provincial Broadband Network as of 9.3.20.

For discussion.

MEMORANDUM OF AGREEMENT
(________ Free Public Wi-Fi and Provincial Broadband Network)

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement, is entered into by:

The DEPARTMENT OF INFORMATION AND

COMMUNICATIONS TECHNOLOGY, a government entity
duly organized and existing under and by virtue of Republic Act
No. 10844, with principal office address at DICT Bldg., C.P.
Garcia Avenue, U.P. Diliman, Quezon City and represented herein
by its Secretary, Gregorio B. Honasan II, hereinafter referred to
as the “DICT”;
_____________________________

-and-

The ________, a local government unit under the laws of the

Republic of the Philippines, with principal office address at
________, represented herein by its Governor, ______, hereinafter
referred to as “Provincial LGU.”

(DICT and Provincial LGU are hereinafter collectively referred to

as the “Parties” and individually as “Party”).

WITNESSETH That:

WHEREAS, under Republic Act No. (RA) 10844, the DICT Charter (2016), it is the
declared policy of the state to ensure the provision of strategic, reliable, cost-efficient and
citizen-centric information and communications technology (ICT) infrastructure, systems and
resources as instruments of good governance and global competitiveness, and to ensure universal
______________________________

access to quality, affordable, reliable and secure ICT services;

GREGORIO B. HONASAN II

WHEREAS, RA 10844 mandates DICT as the primary policy, planning, coordinating,

implementing and administrative entity for the national ICT development agenda, and for this
purpose it shall institute policies, programs and projects to bring about digital connectivity and
deepen internet broadband penetration in the country;

WHEREAS, RA 10929, otherwise known as the Free Internet Access in Public Places
Act (2017) seeks to accelerate economic, social, and educational opportunities and reduce the
digital divide across the Philippines;

WHEREAS, the DICT, as the lead agency tasked to implement RA 10929, is

implementing the “Free Wi-Fi Internet Access in Public Places” (“FWIAPP”) Program under RA
10929 and its implementing rules and regulations (IRR);

WHEREAS, the Provincial LGU fully supports and commits itself to the implementation
and success of the DICT’s policies and initiatives, such as the FWIAPP, and the National
Broadband Program (NBBP), with particular focus on the benefits thereof to the Province and its
constituencies;

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 LGU Free Public Wi-Fi and
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For discussion.

WHEREAS, pursuant to §20, Article II of the Philippine Constitution, RA 6957, as

amended by RA 7718, and §35 of RA 7160, known as the Local Government Code, which
encourages participation in local governance for the delivery of basic services, the Department of
Interior and Local Government (DILG) issued DILG Memorandum Circular (MC) No. 2016-
1201 setting the general guidelines for the implementation of the initiative for Local Government
Units (LGUs) in their public-private partnerships for the people (LGU P4), the purposes of
which are to promote local economic development that eventually contribute to the growth of the
national economy and the creation of more jobs,2 to help LGUs in providing basic services to the
community and its people especially the marginalized men and women,3 and to develop, create
and strengthen the partnership between the local and private sectors in promoting the general
welfare and providing better quality of life of the people;4

WHEREAS, the Provincial LGU is fully resolved to push digital connectivity and
quality ICT services in order to improve governance in the Province and expand the socio-
economic opportunities of the people;
_____________________________

WHEREAS, under the NBBP, the aggregation of networks is among those envisioned
under the Philippine Integrated Infostructure (PhII) to provide a demand responsive core to
address the needs of government, inclusive of the national government agencies (NGAs), LGUs,
public elementary and secondary schools, state colleges and universities (SUCs), public hospitals
and rural health units (RHUs), among others, with careful consideration of the scope variant and
strategies on direct government build and operation, public-private partnership arrangement, and
subsidized investment, towards realizing the goals of having: (a) inclusive and pervasive
broadband connectivity, where broadband internet service is accessible to all segments of the
society, anytime, anywhere; (b) a unified government, where government services are delivered
through integrated and interoperable ICT network systems; and (c) a smart countryside, where
rural areas are developed through the promotion of e-platforms, such as distance learning,
telehealth, and telecommuting;

WHEREAS, encouraging the establishment of local ICT Infrastructure, and leveraging

5G technology, are effective means to ensure the provision of faster, cost-effective, and deeper
digital connectivity and quality of ICT services for the Province (“Provincial Broadband
Network”), the aggregation of which is envisioned as an important component of PhII in
accelerating the entire nation’s movement towards having pervasive connectivity across the
______________________________

country, inclusive of its unserved and underserved areas, in line with the goals of having a
GREGORIO B. HONASAN II

unified government and a smart countryside;

WHEREAS, under the DICT-National Grid Corporation of the Philippines’ (NGCP)-

Transco Memorandum of Agreement dated June 8, 2018, NGCP is joined by TransCo in
supporting the NBBP of the Government and has made available the spare Optical Fibers on the
NGCP transmission facilities5 for study, enhancement and best of use;

WHEREAS, the Government conceived the Strategic Engagement and Collaboration to

Undertake a Reliable and Efficient Government Internet to improve the Internet speed for
government use and to significantly reduce related Internet cost, under which the Luzon Bypass
Infrastructure6 has been built;
1
DILG MC 2016-120, re: Guidelines for the Implementation of Public-Private Partnerships for the People Initiative
for Local Governments (LGU P4).
2
§2.1, DILG MC 2016-120.
3
§2.2, DILG MC 2016-120.
4
§2.3, DILG MC 2016-120.
5
NGCP’s private telecom network operates and maintains a telecom backbone supporting the operation of the
electricity grid in the entire archipelago. It consists of optical paths (optical passive ground wire) along the high-
voltage transmission lines and microwave radio hops which connect Luzon, Visayas and Mindanao via two (2)
routes – through Mindoro in the West and via Bicol in the East (NBP, 2017, p. 19).
6
A set of infrastructures that consists of two (2) terminal stations, a multi-duct conduit path connecting the two
terminal stations along the cable conduit path, located in San Fernando, La Union and Baler, Aurora. These IT
facilities will serve as a landing station for international submarine cables terminating in the Philippines to support
the initiatives/projects of the DICT and the broadband needs of the national government agencies (See NPB, 2017,

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 LGU Free Public Wi-Fi and
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For discussion.

WHEREAS, under §3, RA 10929, the FWIAPP provides that (a) no fees shall be
collected from users to connect to the public internet access points, (b) the free internet service
provided shall be separate from the internet service used for backend computer systems and
programs, databases, and/or management and information systems in government
offices: Provided, That the shared use of infrastructure shall not be prohibited; and (c) technical
solutions that may limit or restrict access shall only be employed when there is clear and present
technical risk or breach that cannot be remedied through ordinary technical
solutions: Provided, That technical solutions that can likewise maintain or promote ease of
access shall be prioritized and pursued;

WHEREAS, the Covid-19 pandemic situation which caused an unprecedented reliance

on online technology and transaction has dramatically showed the chasm in digital connectivity
and the need to take aggressive steps to make connectivity happen; and

WHEREAS, the Sanggunian of the Provincial LGU passed and approved Resolution No.
____, Series of 2020 (Annex “A”), dated _____________, authorizing herein representative of
the Provincial LGU to enter into a Memorandum of Agreement (MOA) with the DICT for the
implementation of the Free Public Wi-Fi and Provincial Broadband Network.
_____________________________

NOW, THEREFORE, in consideration of the foregoing premises, the exigencies of

public service, and the public interest, the Parties hereto agree on the terms and stipulations
hereinafter set forth as follows:

I.
PURPOSE AND SCOPE

Section 1. Purpose.—The general purpose and objective of this MOA is to facilitate and
accelerate, through the cooperative efforts of DICT and the Provincial LGU, the implementation
and roll out of free Wi-Fi internet access in all the public places of the Province of ___________
(“Province”), as part of the overall thrust of the FWIAPP Program under RA 10929, its IRR, and
the provisions of applicable laws, circulars, rules and regulations.

This MOA likewise aims for the DICT to be a catalyst in furthering the inclusive and
pervasive broadband penetration and connectivity in the Province by supporting the Provincial
LGU initiatives for the establishment of the Provincial Broadband Network for the middle mile7
______________________________
GREGORIO B. HONASAN II

and last mile,8 and by ensuring that the Provincial LGU is provided with adequate bandwidth at
such reasonable and competitive fees and rates as may be allowed by law, for the Provincial
LGU’s use in accordance with its charter and the provisions of applicable laws, circulars, rules
and regulations.

II.
DICT-PROVINCIAL LGU JOINT ACTION
STRATEGY AND ROLES

p. 39).
7
“Middle mile” provides transmission services between first and last mile facilities, which originate and terminate
Internet traffic, and long-haul networks, including domestic and international backbone networks (See World Bank
Group. Overview of Broadband Networks. Broadband Strategies Toolkit. http://broadbandtoolkit.org/5.2).
8
Last mile is the portion of the access network between the customer premises equipment and the access node
(National Broadband Plan, Glossary, 2017). The last mile covers countryside connectivity and access networks to
government sites, public elementary and secondary schools, state colleges and universities, public hospitals and rural
health units, disaster risk and reduction and management offices, peace and order units, among others (ibid., p. 43).

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 LGU Free Public Wi-Fi and
Provincial Broadband Network as of 9.3.20.
For discussion.

Section 2. Joint Action Strategy for the Provincial Broadband Network.—As part of its
efforts to complement and actively cooperate in the implementation of national ICT programs
and projects within their respective areas, and subject to compliance with the provisions of its
charter and applicable laws, the Provincial LGU shall foster the establishment of such local ICT
infrastructure in the Province as may be necessary to institutionalize its Provincial Broadband
Network that will provide, among others, the infrastructure needed for the provisioning of
internet services for the Provincial LGU’s utilization in the backend computer systems and
programs, databases, and/or management and information systems in its government offices, as
well as infrastructure to support the connectivity of the LGUs and national government agencies
within the Province.

As the national broadband enabler and catalyst for inclusive and pervasive broadband
penetration and connectivity in accordance with existing laws, circulars, rules, and regulations,
the DICT shall ensure that the Provincial LGU is provided with adequate internet bandwidth at
such reasonable and competitive fees and rates as may be allowed by law, which the Provincial
LGU, in turn, shall utilize and distribute in accordance with its charter and other applicable
laws, circulars, rules and regulations. The Provincial LGU shall be responsible for distributing
the said bandwidth in order to facilitate connectivity and the delivery of other services within the
Province.

Section 3. Joint Action Strategy for the Roll-Out of Free Wi-Fi Internet Access in
Public Places.—As partner agencies in the implementation of RA 10929 and its IRR in the
Province, the DICT and the Provincial LGU shall cooperate in effectively providing Free Wi-Fi
internet access in the public places of the Province.

The LGU-fostered Provincial Broadband Network shall, consistent with the shared use
thereof as authorized under §3 of RA 10929, likewise enable the DICT to more effectively and
expediently ramp up and accelerate the roll out and distribution of its Free Wi-Fi sites and Free
Wi-Fi bandwidth in the public places of the Province.

III.
_____________________________

POLICIES AND PRINCIPLES FOR THE

PROVINCIAL BROADBAND NETWORK

Section 4. State-of-the-Art Broadband Technology and Design.— In fostering the

establishment of its Provincial Broadband Network, the Provincial LGU must ensure the
adoption of the state-of-the-art broadband technology and design to promote a ubiquitous ICT
environment, support the efficient use of existing private and public sector investments,
and establish a fully redundant 24/7 broadband network.

Towards this end, within the framework of compliance with its charter and the provisions
of applicable laws, circulars, rules, and regulations, the Provincial LGU must undertake, or cause
to be undertaken, such activities as may be necessary and desirable relative to the design,
purchase, installation, management, operation, and maintenance 24/7 of the broadband network.

Section 5. Committed Information Rate (CIR).—Subject to relevant departmental

issuances, the measure for internet bandwidth to be provided by the DICT must be based upon its
Committed Information Rate (CIR), and not solely upon a symmetrical or asymmetrical
measurement of internet bandwidth. The specifics of the CIR shall be the subject of a more
______________________________

detailed agreement between DICT and the Provincial LGU, subject to applicable laws, circulars,
GREGORIO B. HONASAN II

rules, and regulations.

Section 6. Type-approval by NTC.— All active equipment, such as but not limited to
access points, antennas, switches, routers, and similar components, to be installed upon the

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 LGU Free Public Wi-Fi and
Provincial Broadband Network as of 9.3.20.
For discussion.

network shall be subject to type-approval by the National Telecommunications Commission

(NTC), and must be backed by a prestigious global or national organization with a proven global
track record for product stability and product evolution. The government network must be
resilient to outages and must be of "low-maintenance" grade, to enable target users to stay
connected 24/7 and for long periods of time, at minimum capital expenditure and operating cost.

Section 7. High-capacity.—The broadband network design to be adopted must have

high-capacity infostructure to connect to the cloud, and must have a high spectral efficiency for
"last-mile" broadband infostructure in both the unlicensed and licensed spectrum bands.

Section 8. Scalability.—The data traffic capacity of the network must be scalable to

serve both the current and additional public places and hotspots that will be connected to the
internet, in line with the objective of providing immediate connectivity and recovery solutions
that are capable of adding capacity without the need to overhaul the entire broadband network in
the future.

Section 9. Data Privacy and Cybersecurity.—In no case shall the management entity of
the fixed wireless broadband network engage in the collection, use, and disclosure of user's
personal and confidential data, inclusive of the collection of anonymous traffic data, which
activities shall be subject to strict compliance with the existing laws on data privacy. The fixed
wireless broadband technology to be adopted shall likewise be fully secured against cyberattacks
or hackers in accordance with existing laws and best practices on national security and
cybersecurity.

Section 10. Rapid Diagnosis.— Rapid diagnosis for network monitoring and
management shall be a prerequisite. The Provincial LGU must be able to monitor and administer
the entire Provincial Broadband Network with a web-based or on-premise end-to-end network
management system from any location world-wide that has internet access. The network
management system must be able to configure, monitor, upgrade, and back up all management
information, which consist of collection of managed object or configuration of broadband
equipment and devices, through a single web-based application accessible to the Parties. The
_____________________________

network monitoring app must be able to display bandwidth charts in real time and with a
minimum of one (1) year of data retention.

Section 11. Inter-agency cooperation against cyberattacks.—Given the alarming global

cybersecurity threats and recent revelations of notorious kill switches that can
shutdown entire wireless networks, the Provincial LGU shall coordinate and cooperatively work
together with the Cybercrime Investigation Coordination Center (CICC), the DICT
Cybersecurity Bureau and other units, as well as the cybercrime units of the Philippine National
Police (PNP), the National Bureau of Investigation (NBI), and other concerned government
agencies, to ensure that the design and operation of the broadband network shall be protected
24/7 from possible internal and external cyberattacks by unscrupulous domestic and foreign
hackers.

Section 12. Cybercrimes and Prohibited Acts.—The establishment and use of the
Provincial Broadband Network shall be in strict accordance with existing laws, rules, and
regulations. The Provincial LGU shall ensure strict compliance with the relevant laws, circulars,
rules, regulations, directives, and other issuances on data privacy, cybersecurity, national
security, and cybercrime prevention. It shall likewise ensure that cybercrimes are deterred,
______________________________

detected, or prevented, and the perpetrators thereof are apprehended and proceeded upon in
GREGORIO B. HONASAN II

accordance with existing laws.

IV.
SPECIFIC DUTIES OF THE PARTIES

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 LGU Free Public Wi-Fi and
Provincial Broadband Network as of 9.3.20.
For discussion.

Section 13. Specific Duties of the Provincial LGU.—Subject to the provisions of its
charter and existing laws, circulars, rules and regulations, the specific duties of the Provincial
LGU under this MOA shall include the following:

a. Be primarily responsible for the planning, design, installation, operation and

maintenance of ___________’s Provincial Broadband Network in order to provide
resilient and reliable connectivity and interconnectivity for the benefit of the various
national and local public agencies, office, and units within the Province, inclusive of
the access points and the equipment and hardware for Free Public Wi-Fi, in
accordance with the project model to be firmed up by the Parties;

b. Lay, or cause to be laid, the infrastructure for the middle mile to the last mile that
shall effectively connect the Provincial Broadband Network to the NGCP node, or
such other NBB Backbone node/s, near the Province;

c. Actively cooperate with the DICT in providing Free Wi-Fi internet access in the
public places of the Province;

d. Ensure, consistent with the shared use as authorized under §3 of RA 10929, the
DICT’s shared use of the local ICT infrastructure for purposes of implementing the
FWIAPP program, rolling out or distributing its Free Wi-Fi sites and Free Wi-Fi
bandwidth in the public places, and propagating connectivity, in the Province;

e. Be primarily responsible for the consolidation of its bandwidth requirements for the
Province, as well as for the procurement and utilization of the separate internet
_____________________________

bandwidth for services in excess of the CIR set for the FWIAPP program, and those
outside the coverage of the said program, inclusive of the internet service used for
backend computer systems and programs, databases, and/or management and
information systems in its government offices, and for facilitating connectivity and
delivery of services within the Province, in accordance with its charter and other
applicable laws, circulars, rules and regulations;

f. Provide the network operation center (NOC) and network equipment, middle mile
(poles), and last mile (access point, cable, CPE) for its local ICT infrastructure;

g. Foster, support, and spearhead the province-wide adoption and full implementation of
DICT-led initiatives, such as but not limited to the National Broadband Plan and its
updates/revisions, FWIAPP program, the use of Shared ICT Infrastructure, Common
Towers under DICT Department Circular No. 8, s. 2020, and Digital Cities, among
others; and

h. Perform such other activities as may be necessary and incidental to carrying out its
obligations and duties under the provisions of this MOA.
______________________________
GREGORIO B. HONASAN II

Section 14. Specific Duties of the DICT.—Subject to the provisions of its charter and
existing laws, circulars, rules and regulations, the specific duties of the DICT under this MOA
shall include the following:

a. Provide technical assistance to the Provincial LGU, should the Provincial LGU
request the same, for the planning and design of the Provincial Broadband Network
and other local ICT infrastructure;

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 LGU Free Public Wi-Fi and
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For discussion.

b. Enable the Provincial LGU’s access to the NGCP node, or such other NBB Backbone
node/s, near the Province as may be necessary for the establishment of the Provincial
Broadband Network;

c. Act as the lead agency of the FWIAPP Program under RA 10929, its IRR, and other
relevant issuances;

d. Provide free bandwidth for the Free Wi-Fi sites at the CIR set under the FWIAPP
Program;

e. Serve as catalyst for inclusive, pervasive, and deeper internet penetration and
connectivity in the Province, and ensure that the Provincial LGU is provided, upon its
request, with separate internet bandwidth that it may procure from available sources,
such as international Internet Service Providers, subject to the availability of funds
and to such reasonable fees, expenses, charges, rates, and other cost-recovery
mechanisms as may be allowed by law, for the Provincial LGU’s use in connection
with rendering government services that are in excess of the CIR set for the FWIAPP
Program, or otherwise outside the coverage of the FWIAPP program;

f. Provide and install at the Local NOC the electronics necessary for DICT’s own use,
with full access thereto as and when needed, in order to monitor the usage of
bandwidth or applications and/or any other services provided by the Provincial LGU;
and

i. Perform such other activities as may be necessary and incidental to carrying out its
obligations and duties under the provisions of this MOA.

Section 15. Duties of Both Parties Relative to FWIAPP Program.—In accordance with
RA 10929, its IRR, and existing laws, circulars, rules and regulations on the implementation of
the FWIAPP Program, both Parties shall jointly cooperate to ensure that:

a. No fees shall be collected from users to connect to the Free Wi-Fi public internet
access points.9

b. The free internet service provided shall be separate from the internet service used for
backend computer systems and programs, databases, and/or management and
information systems in government offices: Provided, That the shared use of
infrastructure shall not be prohibited.10

c. Technical solutions that may limit or restrict access shall only be employed when
_____________________________

there is clear and present technical risk or breach that cannot be remedied through
ordinary technical solutions: Provided, That technical solutions that can likewise
maintain or promote ease of access shall be prioritized and pursued.11

d. Access to pornographic websites shall be prohibited under the FWIAPP Program.12

e. Ensure the protection of children online, consistent with existing laws on the rights
and protection of the welfare of children.13

f. Ensure that, when warranted, relevant facilities bear the appropriate public safety
warnings and signages. 14

9
§3, RA 10929.
10
§3, RA 10929.

Page 7 of 13
__________
GREGOR
O B. HONASAN II

_________________
LGU Free Public Wi-Fi and
Provincial Broadband Network as of 9.3.20.
For discussion.

g. Ensure that the right to private property shall be respected. 15

V.
THE PROVISION OF BANDWIDTH
FOR THE PROVINCIAL BROADBAND

Section 16. DICT-Provided Bandwidth.— The bandwidth to be provided under §14(e)

of this MOA for the Provincial LGU’s use in the rendition of services that are in excess of the
CIR or otherwise outside the coverage of the FWIAPP Program, inclusive of the services in the
latter’s Provincial Broadband Network for the backend computer systems and programs,
databases, and/or management and information systems in the government offices, and for
facilitating connectivity and delivery of other services within the Province, shall be separate and
distinct from that of §14(d) on the DICT’s provision of free bandwidth at the CIR set under the
FWIAPP Program.

The provisioning of bandwidth under §14(e) of this MOA in favor of the Provincial
LGU for its use in the rendition of services that are outside the coverage of the FWIAPP
Program, as well as those that are over and above the CIR, shall be subject to such reasonable
fees, expenses, charges, rates, and other cost-recovery mechanisms as may be allowed by law,
preferably under a fixed annual rate (billed monthly) to the Provincial LGU, the terms and
conditions of which shall be contained in a separate agreement. The provisioning of bandwidth
shall be upon the Provincial LGU’s request based on a minimum order quantity (Mbps) per
location. The Provincial LGU shall be responsible for the distribution of the bandwidth for
services that are outside the coverage of the FWIAPP Program, as well as those that are over and
above the CIR, in accordance with the Provincial LGU’s charter and other applicable laws,
circulars, rules and regulations.

Section 17. Conditions for Bandwidth Provision to Provincial LGU.—The bandwidth

provisioning by the DICT to the Provincial LGU under §14(e) shall be subject to the following
conditions:

a. The Provincial LGU, for itself or through such other arrangements or modalities
under relevant laws, rules and regulations, shall show authority from the NTC to
deliver the DICT-provided internet, as well as, the value-added services, to the areas
not covered by the FWIAPP Program;
_____________________________

b. The Provincial LGU shall present a comprehensive project execution plan to DICT
with committed timelines for aspired connectivity; and

c. The Provincial LGU shall demonstrate project execution viability, through

agreements such as signed Joint Pole Agreement (JPA), no objection certificates from
relevant local authorities for the installation and deployment of any new fiber optic
cable and any other relevant documents deemed necessary for the success of the
project.

VI.
JOINT ACTION GOVERNANCE

11
ibid.
12
§3, RA 10929.
13
§10, RA 10929.
_______________________

14
§12, RA 10929.
GREGORIO B. HONA

15
§13, RA 10929.

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 _____
N II
LGU Free Public Wi-Fi and
Provincial Broadband Network as of 9.3.20.
For discussion.

Section 18. Steering Group.—The Parties shall designate their respective representatives
to the Steering Group that shall conduct regular governance meetings for purposes of discussing
progress updates, resolutions of issues, forward planning and strategy formulation/refinement.
Representatives from other stakeholders may likewise be jointly invited by the Parties to
participate in the Steering Group activities.

VII.
FORCE MAJEURE

Section 19. No Liability in Case of Force Majeure.— Neither Party shall be responsible
for any delay or failure in the performance of any of its obligations under this Agreement to the
extent that such delay or failure is caused by Force Majeure. “Force Majeure” shall mean any
event or circumstance beyond the reasonable control of the Party which renders the performance
of said Party’s obligations illegal or impracticable, including but not limited to, acts of God, acts
of any government body or public enemy, war, civil commotion, strikes, riots, embargoes, or
other concerted acts of workers, fire, explosion, sabotage, or any other causes, circumstances, or
contingencies, whether of a similar or dissimilar nature to the foregoing, without fault or
negligence and beyond such Party’s control, which prevent or hinder the performance by either
Party of any of its obligations hereunder.

Section 20. Notice.— Upon occurrence of any event of Force Majeure that affects
performance under this Agreement, the affected Party shall notify the other Party specifying the
nature of the event, the effect of the event on the Party’s performance, and the estimated duration
thereof. Upon such notice, the affected Party may cancel or delay performance of the obligations
affected by the Force Majeure. In such event, the affected Party shall have no liability to the
other Party or its client end-users. Upon cessation of the Force Majeure, the Party in delay shall
notify the other Party of such cessation, and performance of the obligation should ensue, if
cancellation has not been effected.

Section 21. Unabated Force Majeure, Consequence.—If the force majeure continues
unabated for a period of thirty (30) calendar days, either Party shall have the right to terminate
this Agreement, and the rights and obligations of the Parties shall be resolved either by mutual
agreement or by applicable law.

VIII.
RELATIONSHIP

Section 22. No Employer-Employee Relationship.—There is no employer-employee or

principal-agent relationship between the Parties.

Section 23. No Authority to Bind the Other.—Neither Party shall have the right or
authority to bind the other Party, except when expressly provided in this MOA.
_____________________________

Section 24. Individual Liabilities.—The employees of DICT and the Provincial LGU
shall remain their respective employees. Liabilities and obligations emanating from the
employer-employee and principal-agent relationships that are internal within the organization of
each Party shall be solely shouldered by the respective employers or principals.

IX.
NO EXCLUSIVITY

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GREGORIO B. HONASAN II
LGU Free Public Wi-Fi and
Provincial Broadband Network as of 9.3.20.
For discussion.

Section 25. No Exclusivity Agreements.—This agreement does not grant exclusivity to

either party relative to the rights and privileges established herein.

Any unfair methods of competition and exclusivity arrangements in favor of a single

internet service provider or telecommunications entity shall be prohibited in order to promote the
free and unrestricted access to public places for the purpose of installation and operation of
broadband facilities.16

X.
CONFIDENTIALITY AND USE OF INFORMATION

Section 26. Confidentiality.— All deliberative process, information that may relate to
national defense or security, information concerning law enforcement and public safety,
information known by reason of official capacity and deemed confidential, technical
information, data, and related documentation, in whatever form provided, recorded, or
unrecorded, which the Parties may furnish or have furnished with each other in connection with
this Agreement shall:

a. Be used solely for the purpose for which it was furnished;

b. Be treated in the strictest confidence and protected;
c. Not be reproduced, except as necessary for its authorized use; and
d. If in tangible form, shall be returned together with all copies thereof, including
promotional materials, when demanded by either Party or if no longer needed.

The obligation of confidentiality and restricted use shall survive this Agreement.

XI.
EFFECTIVITY

Section 27. Effectivity.—This Agreement shall take immediate effect upon signing by
the Parties, and may be terminated, revised or revoked for legal cause with written notice to the
other Parties in accordance with the provisions hereof.

XII.
AMENDMENTS, ENTIRE AGREEMENT,
MODIFICATION OF EARLIER AGREEMENT,
WAIVER, SEVERABILITY
_____________________________

Section 28. Amendment.—This Agreement shall, at all times, be subject to subsequent

amendments and/or modifications agreed upon by the Parties, or to the directives, laws, circulars,
rules, regulations, and other departmental or agency issuances, from duly authorized government
regulatory bodies in the exercise of their respective jurisdictions.

Section 29. Entire agreement.—This Agreement and the attachments hereto constitute
the entire existing agreement between the Parties with respect to the subject matter hereof, and
supersedes any and all prior agreements or undertakings between the Parties on the subject
matter hereof. No waiver or modification of the terms of this MOA shall be valid unless the same
is in writing and signed by both Parties.

16
§7, RA 10929.

Page 10 of 13
_
 ___________________________
GREGORIO B. HONASAN II
LGU Free Public Wi-Fi and
Provincial Broadband Network as of 9.3.20.
For discussion.

Section 30. Agreement supersedes, modifies earlier agreements. -- All agreements

previously entered into between the Parties concerning the Free Public Wi-Fi and Provincial
Broadband Network which are inconsistent herewith are deemed superseded and modified
accordingly.

Section 31. No Waiver.—Any failure on the part of any Party to enforce at any time, or
for any period of time, any of the provisions of this MOA shall not be deemed or construed to be
a waiver of said provisions, or of the right of such Party to thereafter enforce any and all the
provisions hereof.

Section 32. Severability.— If any provision contained herein is invalid, illegal or

unenforceable in any respect under any applicable law or decision, the validity, legality and
enforceability of the remaining provisions shall not be affected or impaired in any way.

In case any provision hereof should be determined as invalid, illegal, or unenforceable,

the Parties shall, as far as practicable, execute such additional documents, or undertake such
remedial measures, as may be legally allowed to give effect to their intentions under this MOA.

IN WITNESS WHEREOF, the Parties in this MOA hereunto affixed their respective
signature this __________of ________ 2020 at ______________, Philippines.

[Two separate signature pages follow.]

DEPARTMENT OF INFORMATION
AND COMMUNICATIONS TECHNOLOGY

By:
GREGORIO B. HONASAN II
Secretary

SIGNED IN THE PRESENCE OF

______________________________ ______________________________
EMMANUEL REY R. CAINTIC JOSE ARTURO C. DE CASTRO
Assistant Secretary for Digital Philippines Undersecretary for Legal Affairs,

Page 11 of 13
LGU Free Public Wi-Fi and
Provincial Broadband Network as of 9.3.20.
For discussion.

Witness Policy, Planning & Finance

Witness

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

PROVINCE/CITY OF________) S.S.

At the above stated place, on the day of 2020 before me personally

appeared GREGORIO B. HONASAN II with his government ID ___________________
valid until _______, known to me to be the same person who executed the foregoing
instrument and acknowledged the same to be his free and voluntary act and deed on behalf of
the Department of Information and Communications Technology.

Said instrument refers to a Memorandum of Agreement for the ___________ Free Public
Wi-Fi and Provincial Broadband Network.

NOTARY PUBLIC

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2020.

PROVINCE OF ___________

By: _________________________________
(Representative’s Name)
Governor

SIGNED IN THE PRESENCE OF

_____________________________ _____________________________
Witness Witness

Page 12 of 13
LGU Free Public Wi-Fi and
Provincial Broadband Network as of 9.3.20.
For discussion.

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

PROVINCE/CITY OF_____________) S.S.

At the above stated place, on the day of 2020 before me personally

appeared ___________ with his government ID ___________________ valid until
_______, known to me to be the same person who executed the foregoing instrument and
acknowledged the same to be his free and voluntary act and deed on behalf of the Province of
___________.

Said instrument refers to a Memorandum of Agreement for the ___________ Free Public
Wi-Fi and Provincial Broadband Network.

NOTARY PUBLIC

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2020.

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