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The Adopt-A-School Program
Potential engineers, scientists, mathematicians, and artists are in our schools, but they may
not have a chance to pursue their dreams due to economic difficulty. Their parents dream of
a better life for their children and strive hard to provide well for them, but in many cases,
even just the provision of food for each household’s table is already a struggle.
The governmentallots the biggestshare ofthe national budgetto public basic education, but
the amount still cannot keep up with the increasing studentpopulation. There are even more
children who are out on the streets and who have to be shepherded into the schools, but
governmentresources are simply not enough to provide them the free, quality education to
which they are all entitled.
We need generous hearts in the private sector to realize the spirit of Republic Act 8525 or
the Adopt-A-School Act, enacted in 1988 for the very purpose of providing a venue for the
strong and dynamic private sector to participate in nation-building through investments in the
education of Filipino children. The rewards of such investments come through an educated
generation that will succeed ours, run our enterprises, and steer this nation to greater
heights.
Over the years, DepEd introduced interventions to reduce student dropouts and keep the
youth off the streets. It has sought to increase student achievement levels and improve
teacher performance. It continues to bring the issues and needs ofpublic education to every
Filipino who cares, in an effort to invite each and everyone to help boost education
opportunities for our young.
DepEd, through the Adopt-A-SchoolProgram (ASP), sincerely invites all members of private
entities to accept our offer of active partnership in the noble goal of educating all Filipinos.
Education is the key to national growth.
With Adopt-A-School,each Filipino can have the opportunity to enjoy his right to education,
to open his eyes to the wonders and challenges of the world, to pursue his dreams, and to
contribute capably towards the nation’s progress.
Every Filipino child deserves to finish school.
Every Filipino deserves the benefits of an education.
This nation needs an educated citizenry.
There are many ways by which you can help.
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Packages
Infrastructure,Physical Facilities, Furniture, and Real
Estate
The construction of additional classrooms will decongest our crowded public schools and
provide more substantial school hours for the children. Badly-needed chairs, desks,
blackboards,computer laboratories, wash facilities, water systems and toilets must also be
provided, and these will likely create a physical environment that is conducive for learning.
Learning Support
Our private-sector partners can give public school children exciting and dynamic
opportunities for learning at the larger world outside of school by sponsoring relevant field
trips. Students and teachers will also benefit from audio-visual educational materials such
as e-books, educational films, e-libraries, and non-digital teaching aids such as pop-up
materials and colored illustrations.
Health and Nutrition
Appropriate remedies for the health and nutrition problems of public school children will
help improve students’ school performance and learning retention. Our partners can
sponsor feeding programs, essential health care programs, medical-dental missions,
deworming interventions, and the provision ofvitamins, nutritional supplements, eye check-
ups and eyeglasses to students and teachers.
Reading Program
By providing books and supplementary reading materials to our public school children, we
open up a rich world ofinformation to them and help develop the habit of reading, a key to
improving academic performance.
Technology Support
We welcome the private sector’s continuing supportin promoting DepEd’s imperative thrust
to integrate fast-changing technology within basic education. Laptops, computers, internet
connectivity, television sets, DVDs, and e-learning materials are always needed to make
classroom instruction interactive and effective.
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Packages
Direct Assistance
School supplies, stipends, and other forms of financial and material assistance may be
extended to public school children to alleviate their parents’ financial burden and
obligations.
Training and Development
Private sector groups and individuals can extend assistance notonly to schoolchildren but
also to their teachers. Sponsoring training programs in teacher education institutions will
greatly help our teachers gain relevantskills that will update their knowledge and increase
their effectiveness in the classrooms.
Assistive Learning Devices for students with special
needs
Assistive learning devices are used to increase or improve the functional capabilities of a
child with special needs. These range from no-tech devices (pencil grips, dry-erase boards,
special chairs, picture cards) to mid-tech (tape recorders, spelling-check devices, overhead
projectors) and hi-tech devices (software, computerized systems, specialized keyboards
and peripheral devices).
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Frequently Asked Questions
What arethe benefitsan adopting privateentitycan avail ofundertheAdopt-a-School
Program?
Active involvement in the Program can be mutually beneficial to both parties concerned. While
DepEd gets its schools improved, adopting private entity in return, may obtain tax incentives,
strengthened corporate image and goodwill within the school community.
Wherecan a privateentityobtain thecertification /endorsementso thatitcan avail ofthetax
incentivesasprovided forundertheAdopt-a-School Law?
Theprivate entity should requestan endorsementfrom theDepEdCentralOfficein Pasig thru the
Adopt-a-SchoolSecretariat.Theendorsementisapprovedby DepEd.
What arethe requirementsneeded bytheRevenueDistrictOfficeoftheBureau ofInternal
Revenue(BIR)in considering theapplicationoftheprivate entityfortaxincentives?
Theprivate entity applyingfor tax incentivesmustsubmitthe following:
1. Dulynotarized /approved Agreement
2. Dulynotarized Deedof Donation
3. Dulynotarized Deedof Acceptance
3. Officialreceiptsshowingtheactualvalueof the donation,and
4. Certificateof title andtax declaration(ifthedonationis inthe form of real property).
Fordonationscoming fromoverseas,whatarethedocuments required to avail ofduty-free
entryofgoods?
Thedocumentsrequiredpriortothe issuanceofduty-free certificationbyDepEdand the
Departmentof Finance(DOF) arethefollowing:
From theDonor
Billof Lading,Air Waybill, ParcelNotice,othershippingdocuments,
Commercial Invoiceand PackingList
From theDonee
Notarized Deedof Donation,Deedof Acceptance,andMemorandumof Agreement (or
Memorandum ofUnderstanding)
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Frequently Asked Questions
Who can help?
Any private individual, group, organization or institution can become partners in education. There
are however, basic qualifications of participants to the Program.
A private entity that intends to participate should have a credible track record to be supported bya
certificate of registration with the Securities and Exchange Commission (SEC) or with the
Cooperative Development Authority(CDA).
The private entityshould have been in existence for at least a year.
What assistance can be provided?
The program carries a menu of options called packages that a stakeholder can select from.
Packages range from building classrooms, laboratories, staff development, nutrition program, e-
learning,to the provisionof instructionalmaterials.Thepackagesaredesignedtomeetthe school’s
needs in accordance with the private sector’s capacityand thrusts.
Which schools need assistance?
Any government school, whether elementary, secondary, post-secondary or tertiary preferably
located in any of the current poorest provinces/municipalities can avail of the donations under the
Program. Priority shall be given to schools located in the poorest provinces as determined bythe
NationalStatistical Coordination Board (NCSB), low income municipalities and other schools with
undernourishedlearners,poorbut high performinglearners,severeclassroom shortage,insufficient
budget or funds and/or deficient in number of textbooks and instructional materials.
How will recipient schools be selected?
The adopting private entityhas the prerogative of identifying the school of its choice, as well as the
areaand geographic locationwhereitwishesto placeitssupport. In casethe adopting private entity
has noparticularschoolinmind,anyof the three educationagencieswillprovidetheadopting entity
a list of priority schools and their identified needs.
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Adoption Procedures
Schools can be adopted by an individual, group, another school, company, foundation or
organization.
TheAdopt-A-SchoolSecretariatshall facilitate the linkage between the adopting individual and the
target school.
The Secretariat will provide the adopting entity with different adoption packages and the list of
prospective schools with their corresponding needs.
Theadoptedschool shallsignaMemorandumofAgreement (MOA) with the adopting private entity.
The MOA shall specify the terms and conditions of the adoption including the tasks and
responsibilities of the private entityand the school.
Thepartiesinvolved in the signing of the MOAwillbethe adoptingentity andthe headof the school
concernced.Incaseswherethe adoptingentity adoptsmultipleschoolsinacertain division, a MOA
shallbe facilitated between the adopting entityand the corresponding DepEd official. For a school
locatedwithinaparticularDivision,the SchoolsDivision Superintendentwill betheofficial signatory;
for regionalprojectcoverage,the Regional Director; and for projects that are national in scope, the
Secretaryof Education shall sign the MOA.
The MOA will be subject for review and approval by the Adopt-A-School Secretariat. The
Agreement shall last two years with the possibilityof extension.
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Memorandumof Agreement(sample)
ThisAgreementmadeandenteredinto this _____day of ___________at PasigCity, Metro
Manila,Philippines,byand between,
The DEPARTMENT OF EDUCATION , an Agencyof the government, with office address at
DepEd Complex Meralco Ave., Pasig City Metro Manila, represented by its Secretary,
_______________________________, herein referred to as “ DepEd”.
-and-
(company/organization’s name), a corporation/organization organized and existing under
the laws of the Republic of the Philippines, with office address at
__________________________________________________representedinthis transaction byits
President/Chairman (name)____________________________, hereinafter referred to as the
“PROPONENT’;
WITNESSETH:
WHEREAS , Republic Act 8525, otherwise known as An Act Establishing the “Adopt-A-
School Program” and Providing Incentives Therefore and for Other Purposes, was entered to
encourage private companies to assist in the deliveryof better qualityeducation to public schools
in the country, particularlyin the poverty-stricken provinces;
WHEREAS, RevenueRegulationsNo.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, DepEd has the responsibility of securing resources to make our public schools
competitive and is now calling on the private sector to serve as a major partner in the nation’s
development and in the improvement of the public education system;
WHEREAS, DepEd believes that one way of ________________________________(e.g.
addressing the classroom shortage in public schools) is bythe provision of _______________
(e.g. new school building );
WHEREAS, the PROPONENT isabusinessenterprise engaged in ___________________ ;
and
WHEREAS, the PROPONENT,hasproposedtoDepEd the _____________(e.g.
constructionofa three –classroom-schoolbuilding).
NOW THEREFORE,forandin considerationofthe foregoingpremisesandtheterms and
conditionshereinsetforth, the partiesherebyagreeas follows:
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Memorandumof Agreement(sample)
Section1 DescriptionofSponsorshiporPackage
Theprojectknownas_____________(Title,ifany ) , consists of the constructionofthree
classroom school building,with toilet, classroom equipmentincludingtables,chairsand
chalkboards).
Section2 Rightsand Obligationsofthe DepEd
a. Provide policyguidanceanddirectionstoensurethe proper implementationof the Program;
b.Coordinatewiththe adoptingprivate entity in the implementationofprogram activitiesandaccept
the packageof assistance thruthe School DivisionOffice;
c.Assist in the evaluation of the implementation of the Program and;
d.Review and endorse the application of the adopting private entityfor tax incentive entitlement to
the Revenue District Office.
Section3 RightsandObligationsofthe PROPONENT
a. TheProponentshallcausetheplanningandconstructionofa three-classroom-school building.
The infrastructure shall be built according to the dimensions specified byDepED and shall be
designed in pursuant to the building plans and architect’s perspectives hereto attached as
“Annex A”.
b. The Proponent shall be entitled to engage services of licensed architects and engineers to
preparethe plans,designs, specificationsandconstructiondrawingsfor the school building and
contract out the construction of the school building to dulylicensed contractors;
c. The Proponent shall administer the efficient and effective implementation of the construction,
especiallyduringthe three-month-period from the commencement of construction and cause
contractors to comply with and adhere to basic safety practices in and during construction.
Likewise, the Proponent shall coordinate closelywith DepEd in the implementation of program
activities;
d. Actual costof the constructionshallbe paid out to contractors, suppliers and consultants bythe
Proponent; and
e. A Deed of Donation in favor of DepED for the completed school building shall be executed.
Section4 Scopeofthe Program or Package
Theprojectbeneficiaryshallbe(nameof school,address)
Section5 Program Cost Breakdown
Theestimatedconstructioncostofthe schoolbuildingis(amount)
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Memorandumof Agreement(sample)
Section6 Term (startingterm andendingterm)
TheSchool buildingshallbeconstructedduring a three-month period from commencement of construction and following a timetable
which will cause the completion of construction before 2007.
Section 7 Capacity and Authorization
Thepartieshereinwarrantthat they have the capacity,powerandrequisiteauthorizationto enterinto this Agreement
Section8 SeparabilityClause
Should any part of this Agreement be judicially declared null and void, such nullityshall not affect
the validity of the remaining provisions hereof.
Section9 Breachof Contract
The violation or omission of any of the provisions of this Agreement shall be ground for the
cancellation or rescission of the same without need for legal or court action.
SIGNEDon the date andat the placefirst above written.
DEPARTMENT OF EDUCATION SPONSORING BODY
By By
______________________________ ___________________
Secretary President/Head
SIGNEDIN THEPRESENCEOF:
_____________________________ ___________________
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Memorandumof Agreement(sample)
A C K N O W L E D G M E N T
REPUBLIC OF THEPHILIPPINES)
______________________________)ss.
BEFOREMEthis _________(date)________-____,personallyappeared:
_____________________CTC#_______________,Issuedon/at________________
______________________CTC#______________,Issued on/at _______________
Knownto meandto meknown to be the samepersonswhoexecutedtheforegoinginstrument,and
they acknowledged to me that the same is their free and voluntary act and deed and that of the
corporationsherein theyrepresented. 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 everypage thereof.
WITNESSMY HAND AND NOTARIALSEAL, onthe date at the place first writtenabove.
NOTARYPUBLIC
Doc.No. ________
PageNo.________
Book No._______
Seriesof _________
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Deed of Donation (Sample)
DEED OF DONATION
KNOW ALL MENBY THESEPRESENTS:
This Deed of Donation made and executed by the _______________________(donating
organization) herein represented by its______________________(title of representative)
__________________________ (name of representative) with office address at
________________________________________________,, hereinafter called the DONOR
-- in favor of –
The (name of the school) herein represented by its _____________________ SDS/Principal
______________________________________ (name of the representative) with office address at
____________________________________________________, hereinafter called the DONEE.
WITNESSETH
That for and in consideration of a desire to contribute a share for the cause of the education of
Filipino learners through the Adopt-a-School Program of the Department of Education, the DONOR has
freely and voluntarily given, transferred and conveyed by way of donation to the DONEE, its successors
and assigns free and clear of any and all liens and encumbrances whatsoever all its rights, interests and
title on:
“_________________________”
Details of the Donation Amount Schools & Addresses
______________________________________________ ____________________________
______________________________________________ ____________________________
____________________________ __________________ ____________________________
TOTAL ________________
(Note:Use Annexpageformoredetailsofthedonation)
IN WITNESS WHEREOF,the DONORhasheretosubscribed herself/himselfthis__day of
________________,2012.
_________________________________
(SignatureoverDonor’sName)
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Deed of Donation (Sample)
ACKNOWLEDGMENT
REPUBLIC OF THEPHILIPPINES)
____________________________)ss.
BEFOREMEthis (date), personallyappearedtomewith
Name Details Issued on/at
___________________ _______________ ________________________
Knownto meandto meknown to be the samepersonswhoexecutedtheforegoinginstrument,
andthey acknowledgedtomethat the sameis free andvoluntary act anddeed, includingthatof the entities
that they represent.
Thisinstrumentrefersto a Deedof Donationthat consistsof ___ page,includingthiswhereon
this acknowledgementiswritten, andwhichissignedby the parties concernedoneachandeverypage
thereof.
WITNESSMY HAND AND NOTARIALSEAL, on the date at the placefirst writtenabove.
NOTARYPUBLIC
Doc.No. ________
PageNo.________
Book No.________
Seriesof ________
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Deed of Acceptance (Sample)
DEED OF ACCEPTANCE
TheDONEE,for andin behalfof the School,herebyacceptsandacknowledgesthedonationfrom
the _______________________(Donor)
Forand in behalfof the school,the DONEEexpresseshis/hermost sincereappreciationforthe
benevolenceshownbythe DONOR.
DetailsoftheDonation
__________________________________________
__________________________________________
In witness whereof,the DONEE hasset his/herhandsthis _______________________(date)in
____________________________(place).
_____________________________ __________________________________________
DONEE NAME OF SCHOOL /ADDRESS
(Signatureover School Principal’sName)
SIGNED IN THE PRESENCE OF:
_____________________________ _____________________________
(Signature over Printed Name)
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
____________________________ ) ss.
BEFORE ME this _______________(date), ____________, personally appeared:
________________________CTC# _______________ Issuedon/at _____________________
________________________CTC# _______________ Issuedon/at _____________________
Known to me and to me known to be the same persons who executed the foregoing
instrument, and they acknowledged to me that the same is free and voluntary act and deed,
including that of the entities that they represent.
This instrument refers to a Deed of Acceptance that consists of 1 page, including this
whereon this acknowledgement is written, and which is signed by the parties concerned on each
and every page thereof.
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Deed of Acceptance (Sample)
WITNESS MY HAND AND NOTARIAL SEAL, on the date at the place first written above.
NOTARY PUBLIC
Doc. No. ________
Page No.________
Book No.________
Series of ________
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Republic Act 8525
II. No. 7971
S. No. 1827
Republic ofthe Philippines
CONGRESSOF THEPHILIPPINES
MetroManila
Tenth Congress.
Third Regular Session
__________________
Begun and held in Metro Manila, on Monday, the twenty-eight day of July, nineteen hundred and
ninetyseven.
[REPUBLIC ACT NO. 8525]
AN ACT ESTABLISHING AN “ADOPT-A- SCHOOL PROGRAM”
PROVIDING INCENTIVES THEREFOR, AND FOR OTHER PURPOSES
Be enactedbythe Senate andHouseof Representativesof the Philippines inCongressassembled.
SECTION 1. Title. – This Act shall be known and cited as the “Adopt-a-School Act of 1998.”
SEC. 2. Declarationof Policy. – It is the policyof the State to provide qualityand relevant education
to the Filipino youth and to encourage private initiative to support public education. Towards this
end, the State shall institute programs to encourage private companies and enterprises to help in
the country, particularlythose in poverty-stricken provinces.
SEC. 3. Adopt-a-School Program. – there is hereby established the “Adopt-a-School Program”
whichwillallowprivateentities to assist a public school, whether elementary, secondary, or tertiary,
preferably located in anyof the twenty(20) poorest provinces identified bythe Presidential Council
for Countryside Development or any other government agency tasked with identifying the poorest
provinces in, but not limited to, the following areas: staff and faculty development for training and
further education, construction facilities, upgrading of existing facilities, provision of books,
publications and other instructional materials; and modernization of instructional technologies.
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Republic Act 8525
A Memorandum of Agreement (MOA) specifying the details of the adoption shall be entered into
between the adopting entityand the head of the school concerned: Provided, that such MOAshall
be subject to review and approval of the Superintendent of Schools of the province or district
concerned: Provided, further, That the agreement shall last for at least two (2) years with the
possibility of extension: Provided, finally, That such period maybe shortened only in cases where
the adoptingentity is dissolvedbefore the endof suchperiodunless otherwise earlier terminated in
accordance with the succeeding section.
SEC. 4. Periodic Review. – Areview of the adoption shall be undertaken bythe local school board
of the provinceor city wherethe schoolislocated.Thestandardsandguidelinesforthe review shall
be formulatedbythe CoordinatingCouncilcreatedunderSection7hereof.Theresults of the review
shallbe taken intoconsiderationintheassessmentof the application for tax credits bythe adopting
entity. Theschoolboardmay,after anappropriatereview, recommend to the Coordinating Council
the terminationofthe adoption.Theadoptingentitymayappealthe assessmentto the Coordinating
Council whose decision shall be final and unappeasable.
SEC. 5. Additional Deduction of Expenses Incurred for the Adoption. – Provision of existing laws to
the contrary notwithstanding, expenses incurred by the adopting entity for the “Adopt-a-School
Program”shallbeallowedanadditionaldeductionfrom the gross income equivalent to fiftypercent
(50%) of such expenses.
Valuation of assistance other than money shall be based on the acquisition cost of the property.
Such valuation shall take into consideration the depreciated value of the property in case said
propertyhas alreadybeen used.
SEC. 6. Additional incentives. – The adopting company or enterprise, in addition to the incentive
provided inthe precedingsectionshallbeentitled to have its name emblazoned beneath the name
of the school after words indicating that the school is under the “Adopt-a-School Program”.
Moreover, the adopting entity shall be represented in the local school board of the municipality
where the adopted elementaryor high school is located.
SEC. 7. Coordinating Council. – A Coordinating Council, hereinafter referred to as the Council, is
hereby created to coordinate and monitor the implementation of this Act. The Council shall be
composed of the Secretary of the Department of Education, Culture and Sports (DECS) as
chairperson; the Chairman of the Commission on Higher Education (CHED) and the Director-
General of Technical Education and Skills Development Authority(TESDA), as co-chairpersons;
and the chairperson of the Presidential Council for Countryside Development (PCCD), and the
representative from the NationalFederationofChambersofCommerce and Industry(NFCCI) to be
appointed bythe President of the Philippines, as members.
The Council shall meet once every three (3) months. The chairpersons and members shall not
receive compensation but shall be entitled to reimbursements for reasonable expenses related to
the Council’s activities.
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Republic Act 8525
The DECS, CHED, and TESDA, through a mutual agreement, shall each make provisions for the
Secretariat of the Council.
SEC. 8. Rules and Regulations. – The DECS, CHED and TESDA, in consultation with the
Department of Finance, shall formulate the rules and regulations to implement this Act.
SEC. 9. Separability Clause. – In the event that any provision of this Act is declared
unconstitutional, the validityof the other provisions shall not be affected bysuch declaration.
SEC. 10. Repealing Clause. – All laws, decrees, orders, rules and regulations or parts thereof
inconsistent with this Act are herebyrepealed or modified accordingly.
SEC. 11. Effectivity. – ThisAct shalltake effect fifteen (15)days after its publicationintwo (2)
nationalnewspapersofgeneralcirculation.
Approved.
(SGD.) NEPTALIA. GONZALES(SGD.) JOSEDE VENECIA JR.
Presidentof the SenateSpeakerof the House of Representatives
ThisAct whichoriginatedintheHouseof Representatives wasfinally passedby the House of
Representativesand the Senateon February6, 1998.
(SGD.) HEZELP. GACUTANSGD.) ROBERTOP.NAZARENO
Secretaryof the Senate SecretaryGeneral
Houseof Representatives
Approved:
FEB. 14, 1998
(SGD.) FIDELV. RAMOS
Presidentof the Philippines
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BIR Revenue Regulations 10-2003
BIR REVENUE REGULATIONS
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FINANCE
BUREAU OF INTERNAL REVENUE
Quezon City
January27, 2003
REVENUE REGULATIONS NO. 10-2003
SUBJECT:ImplementingtheTaxIncentivesProvisionsof Republic ActNo. 8525, Otherwise Known
as the “Adopt-a-School Act of 1998”
TO : All Internal Revenue Officers and Others Concerned.
SECTIONI. SCOPE. – Pursuantto Sections4and 244of the NationalInternalRevenue Code (Tax
Code)of 1997, the followingRegulationsareherebypromulgatedtoimplementthe tax provisions of
R.A. No. 8525, otherwise known as the “Adopt-a-School Act of 1998.”
SEC. 2. DEFINITION OF TERMS. – For purposes of these Regulations, the following terms are
operationallydefined as follows:
(a) “Act”-refers to Republic Act No. 8525, otherwise known as the “Adopt-a-School Act of 1998.”
(b) “Adopt-a-School Program” – or “Program” shall refer to a program which allows private entities
to assist a public school in a particular aspect of its educational program within an agreed period.
(c) “Public school” – shall refer to a government school, whether elementary, secondary, post-
secondary or tertiary, which enters into an Agreement with an adopting private entity concerning
assistance referred to under paragraph (e) hereof.
(d) “Private entity” – shall refer to an individual engaged in trade or business or engaged in the
practice of his profession or other business organizations, like a partnership, corporation or
cooperative,eitherresident or non-resident,who/whichteamsup with the Department of Education
(DepEd),or withthe CommissiononHigherEducation(CHED),orwith the Technical Educationand
Skills Development Authority (TESDA), towards providing much needed assistance and service to
public schools. It shall be known hereafter as the adopting private entity.
(e) “Assistance” – shall refer to the aid/help/ contribution/donation provided byan adopting private
entity to a public school.Assistancemayin the form of, but not limited to, in infrastructure, teaching
andskills development,learningsupport,computerandsciencelaboratories,andfoodand nutrition.
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BIR Revenue Regulations 10-2003
(f) “Agreement” – shall refer to a Memorandum of Agreement (MOA) or Agreement/Deed of
Donation entered into by and between the adopting private entityand the public school specifying
the terms andconditionsof the adoption, including the tasks and responsibilities of the contracting
parties.
(g) “National Secretariat” – shall refer to the office composed of representatives of the three
education agencies, namely the DepEd, CHED, and TESDA, which will provide overall
management and coordination of the Program.
(h) “Application for tax incentives or tax exemption” – shall refer to the application for tax credit by
the adopting private entity referred to under Section 4 of the Act, which means application for
additional deduction in arriving at the net taxable income.
SEC. 3. TAX INCENTIVES ACCRUING TO THE ADOPTING PRIVATE ENTITY. – Apre-qualified
adoptingprivate entity, whichentersinto an Agreement with a public school, shall be entitled to the
following tax incentives:
(a) Deduction from the gross income of the amount of contribution/donation that were actually,
directly and exclusively incurred for the Program, subject to limitations, conditions and rules set
forth in Section 34(H) of the Tax Code plus and additional amount equivalent to fiftypercent (50%)
of such contribution/donation subject to the following conditions:
(1) Thatthe deductionshallbeavailedof in the taxable year in which the expenses have been paid
or incurred;
(2) That the taxpayer can substantiate the deduction with sufficient evidence, such as official
receipts or deliveryreceipts and other adequate records-
(2.1) The amount of expenses being claimed as deduction;
(2.2) The direct connection or relation of the expenses to the adopting private provide a list of
subjectsand/oractivitiesundertakenandthe costof eachundertaking,indicatingin particularwhere
and how the assistance has been utilized as supported bythe Agreement; and
(2.3) Proof or acknowledgement of receipt of the contributed/donated property by the recipient
public school.
(3) That the application, together with the approved Agreement endorsed by the National
Secretariat,shall be fi led with the Revenue District Office (RDO) having jurisdiction over the place
of businessof the donor/adoptingprivateentity, copyfurnishedthe RDO having jurisdictionover the
property, if the contribution/donation is in the form of real property.
(b) Exemption of the Assistance made by the donor from payment of donor’s tax pursuant to
Sections 101 (A)(2) and (B)(1) of the Tax Code of 1997.
21
BIR Revenue Regulations 10-2003
SEC. 4. OTHER TAX CONSEQUENCES OF THE ASSISTANCE TO THE PUBLIC SCHOOL.
(a) In the caseof foreign donation, the VAT and excise tax, if any, on the importation of goods shall
be assumedbythe DepEd, CHED,or the importerthereof, exceptin caseswhere the importation is
exempt from VAT under Section 109 of the Tax Code. In this connection, VAT on importation
payable by the concerned national government agencynamely, (DepEd, CHED, or TESDA) to the
National Government arising from the subject foreign donation is deemed automatically
appropriated and shall be considered as expenditure of the government pursuant to the provisions
of Section 13 of the Government Appropriation Act (GAA) as determined by the Congress on an
annual basis.
(b) In the case of local donation considered as “transaction deemed sale” of goods or properties
originally intended for sale by the adopting private entity, the same shall be subject to VAT on the
transfer of the said goods or properties under Section 106 (B)(1) of the Tax Code. The said
donor/adopting private entity, however, is entitled to claim the availment input tax subject to the
ruleson allocationamongtaxablesales,zero-rated salesand exempt sales. On the other hand, the
donee-publicschool,shallbedeemedasthe finalconsumer/end user, and therefore, not entitled to
any input VAT.
If the localdonationisnot consideredasa“transactiondeemed sale”, then the transfer of he goods
or properties to the public school shall be exempt from VAT.
SEC. 5. VALUATION OF THE ASSISTANCE/ CONTRIBUTION OR DONATION.-
(a) Cash assistance/contribution or donation.- The amount of assistance /contribution or donation
shallbe basedon the actualamountcontributed/donated appearing in the official receipt issued by
the donee.
(b) Assistance/contribution or donation other than money.-
(i) Personalproperty. – If the contributionordonationisin the form of personalproperty, the amount
of contribution or donation shall be based on the acquisition cost of the said assistance or
contribution. However, if the said property had already been used, then such valuation such take
into consideration the depreciated value of the property.
(ii) Consumable goods.– If the assistance is in the form of consumable goods, the amount of the
contribution or donation shall be based on the acquisition cost by the donor or the actual cost
thereof at the time of the donation, whichever is lower.
(iii)Services.– If the assistanceisin the form of services, the amountof the contribution of donation
shall be based on the value of the services rendered as agreed upon bythe donor and the service
provider and the public school as fixed in the Memorandum of Agreement, or the actual expenses
incurred bythe donor, whichever is lower.
(iv) Realproperty. – If these assistanceisin the form of realproperty, the amountof the contribution
or donation shall be the fair market value of the propertyat the time of the contribution/donation, as
determined pursuant to Section 6(E) of the Tax Code or the book
22
BIR Revenue Regulations 10-2003
value/depreciated value of the property, whichever is lower. Appraisal increase or appreciation in
the value of the asset recordedinthebooks of account should not be considered in computing the
book value of the asset.
SEC. 6. PROCEDURES FOR THE AVAILMENT OF TAX INCENTIVES UNDER THE PROGRAM
BY THE ADOPTING ENTITY. – In order to avail of the tax incentives provided for under these
Regulations, the following procedures and requirements should be complied with, viz:
(a) National Secretariat shall endorse to the RDO of the Bureau of Internal Revenue (BIR) having
jurisdictionoverthe placeof business of the adopting private entity, copyfurnished the RDO having
jurisdiction over the property if the donation or contribution is in the form of real property, the
following:
(i) dulynotarized/approved Agreement;
(ii) dulynotarized Deed of Donation;
(iii) Official receipts or anydocument showing the actual value of the contribution/donation;
(iv) Certificate of Title and Tax declaration, if the donation is in the form of real property; and
(v) other adequaterecordsshowingthedirectconnectionorrelationofthe expenses being claimed
as deduction/donation to the adopting private entity’s participation in the program, as well as
showing or proving receipt of the donated property.
(b) Adopting private entity shall submit application for entitlement to the additional 50% special
deductionfrom thegross income,andforexemptionfrom donor’stax to the RDO having jurisdiction
over the placeofbusinessof the adoptingprivate entity, copyfurnished the RDO having jurisdiction
over the donated real property.
SEC. 7. REPEALING CLAUSE. – All revenue rules and regulations, and other revenue issuances
or parts thereof, which are inconsistent with these Regulations are hereby repealed or modified
accordingly.
SEC. 8. EFFECTIVITY.–These regulationsshalltakeeffectfifteen (15)days after publication inthe
Official Gazette or in a newspaper of general circulation, whichever comes first.
(SGD.) JOSE ISIDRO N. CAMACHO
Secretaryof Finance
Recommending approval:
(SGD.) GUILLERMO L. PARAYNO, JR.
Commissioner of Internal Revenue
23
24
25
26
27
In recognition of the goodwill that private sector partners provide to the Philippines public education
system, they can avail of up to 150% tax incentives for their contributions through the Adopt-A-School
Program (ASP). The ASP Secretariat assists these partners by facilitating endorsements for tax
incentives application from the ASP Council which will then be submitted to the Bureau of Internal
Revenue (BIR).
A. Below are the required documents and work-flow for tax incentives:
1. Letter of request to avail tax incentives
2. Duly notarized signed Memorandum of Agreement (must be signed before project
implementation)
3. Dulynotarized Deed of Donation
4. Dulynotarized Deed of Acceptance
5. Name of the Recipient School/s
6. Summaryof Expenses
7. Official Receipts or any documents showing actual expenses incurred for the project /
actual value of donation
8. Cost of Goods donated
9. Certificate of Title and Tax Declaration – Real Property
10. Endorsementfrom theASP NationalSecretariat(signedbymembersofthe ASP Council
and facilitated bythe ASP National Secretariat)
B. Below is the process flow for tax incentives:
Tax incentives
ProjectDevelopment
Memorandum ofAgreement
(for multipleprojects,a
Memorandum of
Understanding
ProjectImplementation
ProjectMonitoringand
Evaluation
Taxincentiveapplication
Submissionofrequirementsfortax incentiveendorsement
(January31)
Submissionofendorsementrequestwithcompleted
requirementstoASP CouncilMembers(DepEd,CHED,
TESDA)for approvaland signing
Endorsementrequestreview andapproval
Filingofincometaxreturn with approvedendorsementand
other documentstoBIR RDO by private sectorpartner (April
15)
Review andApproval of tax incentiveclaim byBIR

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Adopt-a-School Program Kit

  • 1. 1
  • 2. 2 The Adopt-A-School Program Potential engineers, scientists, mathematicians, and artists are in our schools, but they may not have a chance to pursue their dreams due to economic difficulty. Their parents dream of a better life for their children and strive hard to provide well for them, but in many cases, even just the provision of food for each household’s table is already a struggle. The governmentallots the biggestshare ofthe national budgetto public basic education, but the amount still cannot keep up with the increasing studentpopulation. There are even more children who are out on the streets and who have to be shepherded into the schools, but governmentresources are simply not enough to provide them the free, quality education to which they are all entitled. We need generous hearts in the private sector to realize the spirit of Republic Act 8525 or the Adopt-A-School Act, enacted in 1988 for the very purpose of providing a venue for the strong and dynamic private sector to participate in nation-building through investments in the education of Filipino children. The rewards of such investments come through an educated generation that will succeed ours, run our enterprises, and steer this nation to greater heights. Over the years, DepEd introduced interventions to reduce student dropouts and keep the youth off the streets. It has sought to increase student achievement levels and improve teacher performance. It continues to bring the issues and needs ofpublic education to every Filipino who cares, in an effort to invite each and everyone to help boost education opportunities for our young. DepEd, through the Adopt-A-SchoolProgram (ASP), sincerely invites all members of private entities to accept our offer of active partnership in the noble goal of educating all Filipinos. Education is the key to national growth. With Adopt-A-School,each Filipino can have the opportunity to enjoy his right to education, to open his eyes to the wonders and challenges of the world, to pursue his dreams, and to contribute capably towards the nation’s progress. Every Filipino child deserves to finish school. Every Filipino deserves the benefits of an education. This nation needs an educated citizenry. There are many ways by which you can help.
  • 3. 3 Packages Infrastructure,Physical Facilities, Furniture, and Real Estate The construction of additional classrooms will decongest our crowded public schools and provide more substantial school hours for the children. Badly-needed chairs, desks, blackboards,computer laboratories, wash facilities, water systems and toilets must also be provided, and these will likely create a physical environment that is conducive for learning. Learning Support Our private-sector partners can give public school children exciting and dynamic opportunities for learning at the larger world outside of school by sponsoring relevant field trips. Students and teachers will also benefit from audio-visual educational materials such as e-books, educational films, e-libraries, and non-digital teaching aids such as pop-up materials and colored illustrations. Health and Nutrition Appropriate remedies for the health and nutrition problems of public school children will help improve students’ school performance and learning retention. Our partners can sponsor feeding programs, essential health care programs, medical-dental missions, deworming interventions, and the provision ofvitamins, nutritional supplements, eye check- ups and eyeglasses to students and teachers. Reading Program By providing books and supplementary reading materials to our public school children, we open up a rich world ofinformation to them and help develop the habit of reading, a key to improving academic performance. Technology Support We welcome the private sector’s continuing supportin promoting DepEd’s imperative thrust to integrate fast-changing technology within basic education. Laptops, computers, internet connectivity, television sets, DVDs, and e-learning materials are always needed to make classroom instruction interactive and effective.
  • 4. 4 Packages Direct Assistance School supplies, stipends, and other forms of financial and material assistance may be extended to public school children to alleviate their parents’ financial burden and obligations. Training and Development Private sector groups and individuals can extend assistance notonly to schoolchildren but also to their teachers. Sponsoring training programs in teacher education institutions will greatly help our teachers gain relevantskills that will update their knowledge and increase their effectiveness in the classrooms. Assistive Learning Devices for students with special needs Assistive learning devices are used to increase or improve the functional capabilities of a child with special needs. These range from no-tech devices (pencil grips, dry-erase boards, special chairs, picture cards) to mid-tech (tape recorders, spelling-check devices, overhead projectors) and hi-tech devices (software, computerized systems, specialized keyboards and peripheral devices).
  • 5. 5 Frequently Asked Questions What arethe benefitsan adopting privateentitycan avail ofundertheAdopt-a-School Program? Active involvement in the Program can be mutually beneficial to both parties concerned. While DepEd gets its schools improved, adopting private entity in return, may obtain tax incentives, strengthened corporate image and goodwill within the school community. Wherecan a privateentityobtain thecertification /endorsementso thatitcan avail ofthetax incentivesasprovided forundertheAdopt-a-School Law? Theprivate entity should requestan endorsementfrom theDepEdCentralOfficein Pasig thru the Adopt-a-SchoolSecretariat.Theendorsementisapprovedby DepEd. What arethe requirementsneeded bytheRevenueDistrictOfficeoftheBureau ofInternal Revenue(BIR)in considering theapplicationoftheprivate entityfortaxincentives? Theprivate entity applyingfor tax incentivesmustsubmitthe following: 1. Dulynotarized /approved Agreement 2. Dulynotarized Deedof Donation 3. Dulynotarized Deedof Acceptance 3. Officialreceiptsshowingtheactualvalueof the donation,and 4. Certificateof title andtax declaration(ifthedonationis inthe form of real property). Fordonationscoming fromoverseas,whatarethedocuments required to avail ofduty-free entryofgoods? Thedocumentsrequiredpriortothe issuanceofduty-free certificationbyDepEdand the Departmentof Finance(DOF) arethefollowing: From theDonor Billof Lading,Air Waybill, ParcelNotice,othershippingdocuments, Commercial Invoiceand PackingList From theDonee Notarized Deedof Donation,Deedof Acceptance,andMemorandumof Agreement (or Memorandum ofUnderstanding)
  • 6. 6 Frequently Asked Questions Who can help? Any private individual, group, organization or institution can become partners in education. There are however, basic qualifications of participants to the Program. A private entity that intends to participate should have a credible track record to be supported bya certificate of registration with the Securities and Exchange Commission (SEC) or with the Cooperative Development Authority(CDA). The private entityshould have been in existence for at least a year. What assistance can be provided? The program carries a menu of options called packages that a stakeholder can select from. Packages range from building classrooms, laboratories, staff development, nutrition program, e- learning,to the provisionof instructionalmaterials.Thepackagesaredesignedtomeetthe school’s needs in accordance with the private sector’s capacityand thrusts. Which schools need assistance? Any government school, whether elementary, secondary, post-secondary or tertiary preferably located in any of the current poorest provinces/municipalities can avail of the donations under the Program. Priority shall be given to schools located in the poorest provinces as determined bythe NationalStatistical Coordination Board (NCSB), low income municipalities and other schools with undernourishedlearners,poorbut high performinglearners,severeclassroom shortage,insufficient budget or funds and/or deficient in number of textbooks and instructional materials. How will recipient schools be selected? The adopting private entityhas the prerogative of identifying the school of its choice, as well as the areaand geographic locationwhereitwishesto placeitssupport. In casethe adopting private entity has noparticularschoolinmind,anyof the three educationagencieswillprovidetheadopting entity a list of priority schools and their identified needs.
  • 7. 7 Adoption Procedures Schools can be adopted by an individual, group, another school, company, foundation or organization. TheAdopt-A-SchoolSecretariatshall facilitate the linkage between the adopting individual and the target school. The Secretariat will provide the adopting entity with different adoption packages and the list of prospective schools with their corresponding needs. Theadoptedschool shallsignaMemorandumofAgreement (MOA) with the adopting private entity. The MOA shall specify the terms and conditions of the adoption including the tasks and responsibilities of the private entityand the school. Thepartiesinvolved in the signing of the MOAwillbethe adoptingentity andthe headof the school concernced.Incaseswherethe adoptingentity adoptsmultipleschoolsinacertain division, a MOA shallbe facilitated between the adopting entityand the corresponding DepEd official. For a school locatedwithinaparticularDivision,the SchoolsDivision Superintendentwill betheofficial signatory; for regionalprojectcoverage,the Regional Director; and for projects that are national in scope, the Secretaryof Education shall sign the MOA. The MOA will be subject for review and approval by the Adopt-A-School Secretariat. The Agreement shall last two years with the possibilityof extension.
  • 8. 8 Memorandumof Agreement(sample) ThisAgreementmadeandenteredinto this _____day of ___________at PasigCity, Metro Manila,Philippines,byand between, The DEPARTMENT OF EDUCATION , an Agencyof the government, with office address at DepEd Complex Meralco Ave., Pasig City Metro Manila, represented by its Secretary, _______________________________, herein referred to as “ DepEd”. -and- (company/organization’s name), a corporation/organization organized and existing under the laws of the Republic of the Philippines, with office address at __________________________________________________representedinthis transaction byits President/Chairman (name)____________________________, hereinafter referred to as the “PROPONENT’; WITNESSETH: WHEREAS , Republic Act 8525, otherwise known as An Act Establishing the “Adopt-A- School Program” and Providing Incentives Therefore and for Other Purposes, was entered to encourage private companies to assist in the deliveryof better qualityeducation to public schools in the country, particularlyin the poverty-stricken provinces; WHEREAS, RevenueRegulationsNo.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, DepEd has the responsibility of securing resources to make our public schools competitive and is now calling on the private sector to serve as a major partner in the nation’s development and in the improvement of the public education system; WHEREAS, DepEd believes that one way of ________________________________(e.g. addressing the classroom shortage in public schools) is bythe provision of _______________ (e.g. new school building ); WHEREAS, the PROPONENT isabusinessenterprise engaged in ___________________ ; and WHEREAS, the PROPONENT,hasproposedtoDepEd the _____________(e.g. constructionofa three –classroom-schoolbuilding). NOW THEREFORE,forandin considerationofthe foregoingpremisesandtheterms and conditionshereinsetforth, the partiesherebyagreeas follows:
  • 9. 9 Memorandumof Agreement(sample) Section1 DescriptionofSponsorshiporPackage Theprojectknownas_____________(Title,ifany ) , consists of the constructionofthree classroom school building,with toilet, classroom equipmentincludingtables,chairsand chalkboards). Section2 Rightsand Obligationsofthe DepEd a. Provide policyguidanceanddirectionstoensurethe proper implementationof the Program; b.Coordinatewiththe adoptingprivate entity in the implementationofprogram activitiesandaccept the packageof assistance thruthe School DivisionOffice; c.Assist in the evaluation of the implementation of the Program and; d.Review and endorse the application of the adopting private entityfor tax incentive entitlement to the Revenue District Office. Section3 RightsandObligationsofthe PROPONENT a. TheProponentshallcausetheplanningandconstructionofa three-classroom-school building. The infrastructure shall be built according to the dimensions specified byDepED and shall be designed in pursuant to the building plans and architect’s perspectives hereto attached as “Annex A”. b. The Proponent shall be entitled to engage services of licensed architects and engineers to preparethe plans,designs, specificationsandconstructiondrawingsfor the school building and contract out the construction of the school building to dulylicensed contractors; c. The Proponent shall administer the efficient and effective implementation of the construction, especiallyduringthe three-month-period from the commencement of construction and cause contractors to comply with and adhere to basic safety practices in and during construction. Likewise, the Proponent shall coordinate closelywith DepEd in the implementation of program activities; d. Actual costof the constructionshallbe paid out to contractors, suppliers and consultants bythe Proponent; and e. A Deed of Donation in favor of DepED for the completed school building shall be executed. Section4 Scopeofthe Program or Package Theprojectbeneficiaryshallbe(nameof school,address) Section5 Program Cost Breakdown Theestimatedconstructioncostofthe schoolbuildingis(amount)
  • 10. 10 Memorandumof Agreement(sample) Section6 Term (startingterm andendingterm) TheSchool buildingshallbeconstructedduring a three-month period from commencement of construction and following a timetable which will cause the completion of construction before 2007. Section 7 Capacity and Authorization Thepartieshereinwarrantthat they have the capacity,powerandrequisiteauthorizationto enterinto this Agreement Section8 SeparabilityClause Should any part of this Agreement be judicially declared null and void, such nullityshall not affect the validity of the remaining provisions hereof. Section9 Breachof Contract The violation or omission of any of the provisions of this Agreement shall be ground for the cancellation or rescission of the same without need for legal or court action. SIGNEDon the date andat the placefirst above written. DEPARTMENT OF EDUCATION SPONSORING BODY By By ______________________________ ___________________ Secretary President/Head SIGNEDIN THEPRESENCEOF: _____________________________ ___________________
  • 11. 11 Memorandumof Agreement(sample) A C K N O W L E D G M E N T REPUBLIC OF THEPHILIPPINES) ______________________________)ss. BEFOREMEthis _________(date)________-____,personallyappeared: _____________________CTC#_______________,Issuedon/at________________ ______________________CTC#______________,Issued on/at _______________ Knownto meandto meknown to be the samepersonswhoexecutedtheforegoinginstrument,and they acknowledged to me that the same is their free and voluntary act and deed and that of the corporationsherein theyrepresented. 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 everypage thereof. WITNESSMY HAND AND NOTARIALSEAL, onthe date at the place first writtenabove. NOTARYPUBLIC Doc.No. ________ PageNo.________ Book No._______ Seriesof _________
  • 12. 12 Deed of Donation (Sample) DEED OF DONATION KNOW ALL MENBY THESEPRESENTS: This Deed of Donation made and executed by the _______________________(donating organization) herein represented by its______________________(title of representative) __________________________ (name of representative) with office address at ________________________________________________,, hereinafter called the DONOR -- in favor of – The (name of the school) herein represented by its _____________________ SDS/Principal ______________________________________ (name of the representative) with office address at ____________________________________________________, hereinafter called the DONEE. WITNESSETH That for and in consideration of a desire to contribute a share for the cause of the education of Filipino learners through the Adopt-a-School Program of the Department of Education, the DONOR has freely and voluntarily given, transferred and conveyed by way of donation to the DONEE, its successors and assigns free and clear of any and all liens and encumbrances whatsoever all its rights, interests and title on: “_________________________” Details of the Donation Amount Schools & Addresses ______________________________________________ ____________________________ ______________________________________________ ____________________________ ____________________________ __________________ ____________________________ TOTAL ________________ (Note:Use Annexpageformoredetailsofthedonation) IN WITNESS WHEREOF,the DONORhasheretosubscribed herself/himselfthis__day of ________________,2012. _________________________________ (SignatureoverDonor’sName)
  • 13. 13 Deed of Donation (Sample) ACKNOWLEDGMENT REPUBLIC OF THEPHILIPPINES) ____________________________)ss. BEFOREMEthis (date), personallyappearedtomewith Name Details Issued on/at ___________________ _______________ ________________________ Knownto meandto meknown to be the samepersonswhoexecutedtheforegoinginstrument, andthey acknowledgedtomethat the sameis free andvoluntary act anddeed, includingthatof the entities that they represent. Thisinstrumentrefersto a Deedof Donationthat consistsof ___ page,includingthiswhereon this acknowledgementiswritten, andwhichissignedby the parties concernedoneachandeverypage thereof. WITNESSMY HAND AND NOTARIALSEAL, on the date at the placefirst writtenabove. NOTARYPUBLIC Doc.No. ________ PageNo.________ Book No.________ Seriesof ________
  • 14. 14 Deed of Acceptance (Sample) DEED OF ACCEPTANCE TheDONEE,for andin behalfof the School,herebyacceptsandacknowledgesthedonationfrom the _______________________(Donor) Forand in behalfof the school,the DONEEexpresseshis/hermost sincereappreciationforthe benevolenceshownbythe DONOR. DetailsoftheDonation __________________________________________ __________________________________________ In witness whereof,the DONEE hasset his/herhandsthis _______________________(date)in ____________________________(place). _____________________________ __________________________________________ DONEE NAME OF SCHOOL /ADDRESS (Signatureover School Principal’sName) SIGNED IN THE PRESENCE OF: _____________________________ _____________________________ (Signature over Printed Name) ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) ____________________________ ) ss. BEFORE ME this _______________(date), ____________, personally appeared: ________________________CTC# _______________ Issuedon/at _____________________ ________________________CTC# _______________ Issuedon/at _____________________ Known to me and to me known to be the same persons who executed the foregoing instrument, and they acknowledged to me that the same is free and voluntary act and deed, including that of the entities that they represent. This instrument refers to a Deed of Acceptance that consists of 1 page, including this whereon this acknowledgement is written, and which is signed by the parties concerned on each and every page thereof.
  • 15. 15 Deed of Acceptance (Sample) WITNESS MY HAND AND NOTARIAL SEAL, on the date at the place first written above. NOTARY PUBLIC Doc. No. ________ Page No.________ Book No.________ Series of ________
  • 16. 16 Republic Act 8525 II. No. 7971 S. No. 1827 Republic ofthe Philippines CONGRESSOF THEPHILIPPINES MetroManila Tenth Congress. Third Regular Session __________________ Begun and held in Metro Manila, on Monday, the twenty-eight day of July, nineteen hundred and ninetyseven. [REPUBLIC ACT NO. 8525] AN ACT ESTABLISHING AN “ADOPT-A- SCHOOL PROGRAM” PROVIDING INCENTIVES THEREFOR, AND FOR OTHER PURPOSES Be enactedbythe Senate andHouseof Representativesof the Philippines inCongressassembled. SECTION 1. Title. – This Act shall be known and cited as the “Adopt-a-School Act of 1998.” SEC. 2. Declarationof Policy. – It is the policyof the State to provide qualityand relevant education to the Filipino youth and to encourage private initiative to support public education. Towards this end, the State shall institute programs to encourage private companies and enterprises to help in the country, particularlythose in poverty-stricken provinces. SEC. 3. Adopt-a-School Program. – there is hereby established the “Adopt-a-School Program” whichwillallowprivateentities to assist a public school, whether elementary, secondary, or tertiary, preferably located in anyof the twenty(20) poorest provinces identified bythe Presidential Council for Countryside Development or any other government agency tasked with identifying the poorest provinces in, but not limited to, the following areas: staff and faculty development for training and further education, construction facilities, upgrading of existing facilities, provision of books, publications and other instructional materials; and modernization of instructional technologies.
  • 17. 17 Republic Act 8525 A Memorandum of Agreement (MOA) specifying the details of the adoption shall be entered into between the adopting entityand the head of the school concerned: Provided, that such MOAshall be subject to review and approval of the Superintendent of Schools of the province or district concerned: Provided, further, That the agreement shall last for at least two (2) years with the possibility of extension: Provided, finally, That such period maybe shortened only in cases where the adoptingentity is dissolvedbefore the endof suchperiodunless otherwise earlier terminated in accordance with the succeeding section. SEC. 4. Periodic Review. – Areview of the adoption shall be undertaken bythe local school board of the provinceor city wherethe schoolislocated.Thestandardsandguidelinesforthe review shall be formulatedbythe CoordinatingCouncilcreatedunderSection7hereof.Theresults of the review shallbe taken intoconsiderationintheassessmentof the application for tax credits bythe adopting entity. Theschoolboardmay,after anappropriatereview, recommend to the Coordinating Council the terminationofthe adoption.Theadoptingentitymayappealthe assessmentto the Coordinating Council whose decision shall be final and unappeasable. SEC. 5. Additional Deduction of Expenses Incurred for the Adoption. – Provision of existing laws to the contrary notwithstanding, expenses incurred by the adopting entity for the “Adopt-a-School Program”shallbeallowedanadditionaldeductionfrom the gross income equivalent to fiftypercent (50%) of such expenses. Valuation of assistance other than money shall be based on the acquisition cost of the property. Such valuation shall take into consideration the depreciated value of the property in case said propertyhas alreadybeen used. SEC. 6. Additional incentives. – The adopting company or enterprise, in addition to the incentive provided inthe precedingsectionshallbeentitled to have its name emblazoned beneath the name of the school after words indicating that the school is under the “Adopt-a-School Program”. Moreover, the adopting entity shall be represented in the local school board of the municipality where the adopted elementaryor high school is located. SEC. 7. Coordinating Council. – A Coordinating Council, hereinafter referred to as the Council, is hereby created to coordinate and monitor the implementation of this Act. The Council shall be composed of the Secretary of the Department of Education, Culture and Sports (DECS) as chairperson; the Chairman of the Commission on Higher Education (CHED) and the Director- General of Technical Education and Skills Development Authority(TESDA), as co-chairpersons; and the chairperson of the Presidential Council for Countryside Development (PCCD), and the representative from the NationalFederationofChambersofCommerce and Industry(NFCCI) to be appointed bythe President of the Philippines, as members. The Council shall meet once every three (3) months. The chairpersons and members shall not receive compensation but shall be entitled to reimbursements for reasonable expenses related to the Council’s activities.
  • 18. 18 Republic Act 8525 The DECS, CHED, and TESDA, through a mutual agreement, shall each make provisions for the Secretariat of the Council. SEC. 8. Rules and Regulations. – The DECS, CHED and TESDA, in consultation with the Department of Finance, shall formulate the rules and regulations to implement this Act. SEC. 9. Separability Clause. – In the event that any provision of this Act is declared unconstitutional, the validityof the other provisions shall not be affected bysuch declaration. SEC. 10. Repealing Clause. – All laws, decrees, orders, rules and regulations or parts thereof inconsistent with this Act are herebyrepealed or modified accordingly. SEC. 11. Effectivity. – ThisAct shalltake effect fifteen (15)days after its publicationintwo (2) nationalnewspapersofgeneralcirculation. Approved. (SGD.) NEPTALIA. GONZALES(SGD.) JOSEDE VENECIA JR. Presidentof the SenateSpeakerof the House of Representatives ThisAct whichoriginatedintheHouseof Representatives wasfinally passedby the House of Representativesand the Senateon February6, 1998. (SGD.) HEZELP. GACUTANSGD.) ROBERTOP.NAZARENO Secretaryof the Senate SecretaryGeneral Houseof Representatives Approved: FEB. 14, 1998 (SGD.) FIDELV. RAMOS Presidentof the Philippines
  • 19. 19 BIR Revenue Regulations 10-2003 BIR REVENUE REGULATIONS REPUBLIC OF THE PHILIPPINES DEPARTMENT OF FINANCE BUREAU OF INTERNAL REVENUE Quezon City January27, 2003 REVENUE REGULATIONS NO. 10-2003 SUBJECT:ImplementingtheTaxIncentivesProvisionsof Republic ActNo. 8525, Otherwise Known as the “Adopt-a-School Act of 1998” TO : All Internal Revenue Officers and Others Concerned. SECTIONI. SCOPE. – Pursuantto Sections4and 244of the NationalInternalRevenue Code (Tax Code)of 1997, the followingRegulationsareherebypromulgatedtoimplementthe tax provisions of R.A. No. 8525, otherwise known as the “Adopt-a-School Act of 1998.” SEC. 2. DEFINITION OF TERMS. – For purposes of these Regulations, the following terms are operationallydefined as follows: (a) “Act”-refers to Republic Act No. 8525, otherwise known as the “Adopt-a-School Act of 1998.” (b) “Adopt-a-School Program” – or “Program” shall refer to a program which allows private entities to assist a public school in a particular aspect of its educational program within an agreed period. (c) “Public school” – shall refer to a government school, whether elementary, secondary, post- secondary or tertiary, which enters into an Agreement with an adopting private entity concerning assistance referred to under paragraph (e) hereof. (d) “Private entity” – shall refer to an individual engaged in trade or business or engaged in the practice of his profession or other business organizations, like a partnership, corporation or cooperative,eitherresident or non-resident,who/whichteamsup with the Department of Education (DepEd),or withthe CommissiononHigherEducation(CHED),orwith the Technical Educationand Skills Development Authority (TESDA), towards providing much needed assistance and service to public schools. It shall be known hereafter as the adopting private entity. (e) “Assistance” – shall refer to the aid/help/ contribution/donation provided byan adopting private entity to a public school.Assistancemayin the form of, but not limited to, in infrastructure, teaching andskills development,learningsupport,computerandsciencelaboratories,andfoodand nutrition.
  • 20. 20 BIR Revenue Regulations 10-2003 (f) “Agreement” – shall refer to a Memorandum of Agreement (MOA) or Agreement/Deed of Donation entered into by and between the adopting private entityand the public school specifying the terms andconditionsof the adoption, including the tasks and responsibilities of the contracting parties. (g) “National Secretariat” – shall refer to the office composed of representatives of the three education agencies, namely the DepEd, CHED, and TESDA, which will provide overall management and coordination of the Program. (h) “Application for tax incentives or tax exemption” – shall refer to the application for tax credit by the adopting private entity referred to under Section 4 of the Act, which means application for additional deduction in arriving at the net taxable income. SEC. 3. TAX INCENTIVES ACCRUING TO THE ADOPTING PRIVATE ENTITY. – Apre-qualified adoptingprivate entity, whichentersinto an Agreement with a public school, shall be entitled to the following tax incentives: (a) Deduction from the gross income of the amount of contribution/donation that were actually, directly and exclusively incurred for the Program, subject to limitations, conditions and rules set forth in Section 34(H) of the Tax Code plus and additional amount equivalent to fiftypercent (50%) of such contribution/donation subject to the following conditions: (1) Thatthe deductionshallbeavailedof in the taxable year in which the expenses have been paid or incurred; (2) That the taxpayer can substantiate the deduction with sufficient evidence, such as official receipts or deliveryreceipts and other adequate records- (2.1) The amount of expenses being claimed as deduction; (2.2) The direct connection or relation of the expenses to the adopting private provide a list of subjectsand/oractivitiesundertakenandthe costof eachundertaking,indicatingin particularwhere and how the assistance has been utilized as supported bythe Agreement; and (2.3) Proof or acknowledgement of receipt of the contributed/donated property by the recipient public school. (3) That the application, together with the approved Agreement endorsed by the National Secretariat,shall be fi led with the Revenue District Office (RDO) having jurisdiction over the place of businessof the donor/adoptingprivateentity, copyfurnishedthe RDO having jurisdictionover the property, if the contribution/donation is in the form of real property. (b) Exemption of the Assistance made by the donor from payment of donor’s tax pursuant to Sections 101 (A)(2) and (B)(1) of the Tax Code of 1997.
  • 21. 21 BIR Revenue Regulations 10-2003 SEC. 4. OTHER TAX CONSEQUENCES OF THE ASSISTANCE TO THE PUBLIC SCHOOL. (a) In the caseof foreign donation, the VAT and excise tax, if any, on the importation of goods shall be assumedbythe DepEd, CHED,or the importerthereof, exceptin caseswhere the importation is exempt from VAT under Section 109 of the Tax Code. In this connection, VAT on importation payable by the concerned national government agencynamely, (DepEd, CHED, or TESDA) to the National Government arising from the subject foreign donation is deemed automatically appropriated and shall be considered as expenditure of the government pursuant to the provisions of Section 13 of the Government Appropriation Act (GAA) as determined by the Congress on an annual basis. (b) In the case of local donation considered as “transaction deemed sale” of goods or properties originally intended for sale by the adopting private entity, the same shall be subject to VAT on the transfer of the said goods or properties under Section 106 (B)(1) of the Tax Code. The said donor/adopting private entity, however, is entitled to claim the availment input tax subject to the ruleson allocationamongtaxablesales,zero-rated salesand exempt sales. On the other hand, the donee-publicschool,shallbedeemedasthe finalconsumer/end user, and therefore, not entitled to any input VAT. If the localdonationisnot consideredasa“transactiondeemed sale”, then the transfer of he goods or properties to the public school shall be exempt from VAT. SEC. 5. VALUATION OF THE ASSISTANCE/ CONTRIBUTION OR DONATION.- (a) Cash assistance/contribution or donation.- The amount of assistance /contribution or donation shallbe basedon the actualamountcontributed/donated appearing in the official receipt issued by the donee. (b) Assistance/contribution or donation other than money.- (i) Personalproperty. – If the contributionordonationisin the form of personalproperty, the amount of contribution or donation shall be based on the acquisition cost of the said assistance or contribution. However, if the said property had already been used, then such valuation such take into consideration the depreciated value of the property. (ii) Consumable goods.– If the assistance is in the form of consumable goods, the amount of the contribution or donation shall be based on the acquisition cost by the donor or the actual cost thereof at the time of the donation, whichever is lower. (iii)Services.– If the assistanceisin the form of services, the amountof the contribution of donation shall be based on the value of the services rendered as agreed upon bythe donor and the service provider and the public school as fixed in the Memorandum of Agreement, or the actual expenses incurred bythe donor, whichever is lower. (iv) Realproperty. – If these assistanceisin the form of realproperty, the amountof the contribution or donation shall be the fair market value of the propertyat the time of the contribution/donation, as determined pursuant to Section 6(E) of the Tax Code or the book
  • 22. 22 BIR Revenue Regulations 10-2003 value/depreciated value of the property, whichever is lower. Appraisal increase or appreciation in the value of the asset recordedinthebooks of account should not be considered in computing the book value of the asset. SEC. 6. PROCEDURES FOR THE AVAILMENT OF TAX INCENTIVES UNDER THE PROGRAM BY THE ADOPTING ENTITY. – In order to avail of the tax incentives provided for under these Regulations, the following procedures and requirements should be complied with, viz: (a) National Secretariat shall endorse to the RDO of the Bureau of Internal Revenue (BIR) having jurisdictionoverthe placeof business of the adopting private entity, copyfurnished the RDO having jurisdiction over the property if the donation or contribution is in the form of real property, the following: (i) dulynotarized/approved Agreement; (ii) dulynotarized Deed of Donation; (iii) Official receipts or anydocument showing the actual value of the contribution/donation; (iv) Certificate of Title and Tax declaration, if the donation is in the form of real property; and (v) other adequaterecordsshowingthedirectconnectionorrelationofthe expenses being claimed as deduction/donation to the adopting private entity’s participation in the program, as well as showing or proving receipt of the donated property. (b) Adopting private entity shall submit application for entitlement to the additional 50% special deductionfrom thegross income,andforexemptionfrom donor’stax to the RDO having jurisdiction over the placeofbusinessof the adoptingprivate entity, copyfurnished the RDO having jurisdiction over the donated real property. SEC. 7. REPEALING CLAUSE. – All revenue rules and regulations, and other revenue issuances or parts thereof, which are inconsistent with these Regulations are hereby repealed or modified accordingly. SEC. 8. EFFECTIVITY.–These regulationsshalltakeeffectfifteen (15)days after publication inthe Official Gazette or in a newspaper of general circulation, whichever comes first. (SGD.) JOSE ISIDRO N. CAMACHO Secretaryof Finance Recommending approval: (SGD.) GUILLERMO L. PARAYNO, JR. Commissioner of Internal Revenue
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  • 27. 27 In recognition of the goodwill that private sector partners provide to the Philippines public education system, they can avail of up to 150% tax incentives for their contributions through the Adopt-A-School Program (ASP). The ASP Secretariat assists these partners by facilitating endorsements for tax incentives application from the ASP Council which will then be submitted to the Bureau of Internal Revenue (BIR). A. Below are the required documents and work-flow for tax incentives: 1. Letter of request to avail tax incentives 2. Duly notarized signed Memorandum of Agreement (must be signed before project implementation) 3. Dulynotarized Deed of Donation 4. Dulynotarized Deed of Acceptance 5. Name of the Recipient School/s 6. Summaryof Expenses 7. Official Receipts or any documents showing actual expenses incurred for the project / actual value of donation 8. Cost of Goods donated 9. Certificate of Title and Tax Declaration – Real Property 10. Endorsementfrom theASP NationalSecretariat(signedbymembersofthe ASP Council and facilitated bythe ASP National Secretariat) B. Below is the process flow for tax incentives: Tax incentives ProjectDevelopment Memorandum ofAgreement (for multipleprojects,a Memorandum of Understanding ProjectImplementation ProjectMonitoringand Evaluation Taxincentiveapplication Submissionofrequirementsfortax incentiveendorsement (January31) Submissionofendorsementrequestwithcompleted requirementstoASP CouncilMembers(DepEd,CHED, TESDA)for approvaland signing Endorsementrequestreview andapproval Filingofincometaxreturn with approvedendorsementand other documentstoBIR RDO by private sectorpartner (April 15) Review andApproval of tax incentiveclaim byBIR