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

Document No, :

Page No. :

Book No. :

Series of 20__: