Framing an Appropriate Research Question 6b9b26d93da94caf993c038d9efcdedb.pdf
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MOA TITLE
1. MEMORANDUM OF AGREEMENT
This Agreement made and entered into this __ day of _____ 20__ at
______________________________ Philippines, by and between:
The DEPARTMENT OF EDUCATION, an Agency of the national government of the
Republic of the Philippines, created by virtue of Batas Pambansa (B.P.) No. 232 “The Education
Act of 1982” as amended by Republic Act (R.A.) No. 9155 otherwise known as “Governance of
Basic Education Act of 2001”, with office address at Brgy. Rizal, Santa Rosa, Nueva Ecija,
represented by its Schools Division Superintendent, JESSIE D. FERRER, CESO V, herein
referred to as “DepEd”;
-and
___________________________, an organization/corporation agency duly organized
and existing under the laws of the Republic of the Philippines, with office address at
__________________ represented in this transaction by its _______________(designation),
__________________ (name of the representative),hereinafter referred to as the
“PROPONENT(Name of the business)’’;
-and
___________________________, an organization/corporation agency duly organized and
existing under the laws of the Republic of the Philippines, with office address at
__________________ represented in this transaction by its _______________(designation),
__________________ (name of the representative), hereinafter referred to as the
“ADMINISTRATOR (Name of the business)’’;
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 enacted to
encourage private companies 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 of1998 has been issued by
the Department of Finance through 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
2. 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 achieving an enhanced learning
environment and addressing the shortage of resources in public schools is through the provision
of _________________________(description of intervention);
WHEREAS, the PROPONENT is a business enterprise/organization/an individual
engaged in _________________________________________________ and
______________________
WHEREAS, the PROPONENT, has proposed to DepEd
______________________________ (title of project).
WHEREAS, the Administrator is a business enterprise/organization/an individual
engaged in ______________________________________ and__________________________:
NOW THEREFORE, for and in consideration of the foregoing premises and the terms
and conditions herein set forth, the parties hereby agree as follows:
Section 1 Description of Sponsorship or Package
The project known as _________________________________, consists of the
________________________________________________________________________
________________________________________________________________________
(specification/ description of the project)
Section 2 Rights and Obligations of the DepEd
DepEd shall:
a. Provide policy guidance and directions to ensure the proper implementation of
the Program;
b. Coordinate with the adopting private entity in the implementation of program
activities, accept the package of assistance and execute the corresponding
Deed of Acceptance through the School Head/Principal;
c. Assist in the implementation and monitoring of the Program;
d. Review and endorse the application of the adopting private entity for tax
incentive entitlement to the Revenue District Office; and
e. Provide proper management, maintenance, and care for the improvement
received by the beneficiary school/s, through the School Head/s or Principals,
in close coordination with the PROPONENT.
3. Section 3 Rights and Obligations of the PROPONENT
The Proponent shall:
a. (on causing the planning & preparation and other obligations to be done about
the project)
________________________________________________________
________________________________________________________
________________________________________________________
b. (on administering the efficient and effective implementation & adhering to
basic safety practices or legalities of the project)
________________________________________________________
________________________________________________________
________________________________________________________
c. (on stating that the expenses will be paid out or shouldered by the agreed party
or person)
________________________________________________________
________________________________________________________
________________________________________________________
d. Execute a Deed of Donation in favor of DepEd for the completed project and
submit all pertinent documents in support to the amount specified/ claimed for
tax incentive application; and
e. Render periodic report/ assessment of the projects being implemented to
DepEd as deemed necessary.
Section 4 Rights and Obligations of the ADMINISTRATOR
The administrator shall:
a. Duties and responsibilities….
Section 5 Scope of the Program or Package
The project beneficiary /ies shall be:
________________________________________________________
________________________________________________________
(list the name/s of the school beneficiary/ries and their corresponding complete
address/sses.)
4. Section 6 Program Cost
The estimated cost of the project is Php _______________________________
Breakdown of the cost:
Details Cost
________________________________ ___________________________
________________________________ ___________________________
________________________________ ___________________________
________________________________ ___________________________
________________________________ ___________________________
Section 7 Term
The project shall commence on _____________________________________
________________________________________________________
(state the start and end of the project, which shall be before the execution of the
actions of the donations to be given to schools)
Section 8 Capacity and Authorization. The parties herein warrant that they have the
capacity, power and requisite authorization to enter into this Agreement.
Section 9 Separability Clause. Should any part of this Agreement be judicially declared
null and void, such nullity shall not affect the validity of the remaining provisions
hereof.
Section 10 Breach of 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.
Section 11 Amendments. This Agreement may be revised, amended or modified only
through a written instrument duly executed and signed by all parties.
SIGNED on the date and at the place first above written.
DEPARTMENT OF EDUCATION SPONSORING BODY
By By
JESSIE D. FERRER, CESO V
Schools Division Superintendent President/ Head
5. SIGNED IN THE PRESENCE OF:
__________________________________ __________________________________
(Signature over Printed Name) (Signature over Printed Name)
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
_______________________________ ) ss.
BEFORE ME this _________(date)____________ , personally appeared:
Name Details Date Issued on/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 their free and voluntary act and deed, and that of
the corporations herein they represented. 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.
Doc. No. _______
Page No._______
Book No._______
Series of _______
6. DEED OF DONATION
KNOW ALL MEN BY THESE PRESENTS:
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 DEPARTMENT OF EDUCATION 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 Annex page for more details of the donation)
IN WITNESS WHEREOF, the DONOR has hereto subscribed herself/himself this __ day
of ________________, 2012.
___________________________
(Signature over Donor’s Name)
7. ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)____________________________ ) ss.
BEFORE ME this (date), personally appeared to me with
___________________ CTC# _______________ Issued on/at ________________________
___________________ CTC# _______________ Issued on/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 Donation that consists of ___ page, including this
whereon this acknowledgement is written, and which is signed by the parties concerned on each
and every page thereof.
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 ________
8. DEED OF ACCEPTANCE
The DONEE, for and in behalf of the School, hereby accepts and acknowledges the
donation from the _______________________(Donor)
For and in behalf of the school, the DONEE expresses his/her most sincere appreciation
for the benevolence shown by the DONOR.
Details of the Donation Amount
________________________________________ _________________________
________________________________________ _________________________
In witness whereof, the DONEE has set his/her hands this_______________________
(date) in ____________________________ (place).
_____________________________ ______________________________
DONEE NAME OF SCHOOL / ADDRESS
(Signature over School Principal’s Name)
SIGNED IN THE PRESENCE OF:
__________________________________ __________________________________
(Signature over Printed Name) (Signature over Printed Name)
9. ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)____________________________ ) ss.
BEFORE ME this _______________(date), ____________, personally appeared:
________________________CTC# _______________ Issued on/at _____________________
________________________CTC# _______________ Issued on/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.
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 ________