MEMORANDUM OF AGREEMENT
This agreement made and entered into this ________ day of ____________________ at
__________________________________________________________________________, by and between:
The (school) _______________________________________________ of the Department of Education,
with office address at ___________________________________________, represented by its
School Head, _____________________________________ herein referred to as “DONEE”,
-and-
The (partner) ___________________________________________________________, organized and existing
under laws of the Republic of the Philippines with office address at
__________________________________________________________________, represented in this
transaction by its _____________________________, ___________________________________________
herein referred to as the “DONOR”,
WITNESSETH:
WHEREAS, Republic Act 8525, otherwise known as “An Act Establishing the Adopt-a-
School Program and Providing Incentives Therefore and for Other Purpose”, 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 Program of 1998 has
been issued by the Department of Finance through the Bureau of Internal Revenue;
WHEREAS, the DONEE being responsible in securing resources to make public schools
competitive has been partnering with private sector entities as well as government
agencies and their local government units for the development of the public
education system in the country;
WHEREAS, the DONEE believes that one way of achieving an enhanced learning
environment and addressing the shortage of resources in public schools is through
the provision of _________________________________________________________________________;
WHEREAS, the DONOR is a business organization, engaged in the business of
______________________________________________________________________________________________;
WHEREAS, the DONOR has proposed a donation of __________________________________________.
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 the Project
The project is known as _________________________________________. These
____________________________________________________________________________________
will be donated to the Schools Division of Kalinga to be distributed to
schools in need of the materials.
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Section 2: Rights and Obligations of the Parties
2.1 DONEE shall:
2.1.1 provide policy guidelines and directions to ensure the proper implementation
of the project;
2.1.2 coordinate with the beneficiary and the DONOR in the implementation of the
project;
2.1.3 accept the donation and execute the corresponding Deed of Acceptance
through the School Head, in accordance with the laws and rules on donations
to government, including but not limited to R.A. No. 8525, otherwise known as
“Adopt-a-School Act of 1998”;
2.1.4 assist in the implementation and monitoring of the project;
2.1.5 review and endorse the application of the DONOR entity for tax incentive
entitlement to the Revenue District Office;
2.1.6 provide proper management, maintenance and care for the improvement
received by the beneficiary school, through the School Head, in close
coordination with the beneficiaries;
2.1.7 ensure the safety and security of the donated items: and
2.1.8 ensure proper recording or booking-up of donations received by the school
through coordination with the School Property Custodian.
2.2 The DONOR shall:
2.2.1 deliver the donated items to the beneficiary school with the supervision of the
donee;
2.2.2 execute a Deed of Donation in favour of the Donee for the completed project
and submit all pertinent documents in support to the amount specified/claim
for tax incentive application; and
2.2.3 render periodic report/assessment of the project as deemed necessary.
Section 3: Project Beneficiaries
The project beneficiary shall be the learners of the selected school through the
Schools Division office.
Section 4: Project Cost
4.1. The estimate cost of the assistance for the Schools Division of Kalinga is
___________________________ and it may vary each year within the agreed term depending
on the cost of materials and the available resources for donation of the donor.
Breakdown of the cost:
Details Cost
______________________________ ___________________________
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______________________________ ___________________________
Section 5: Term. This Memorandum of Agreement shall take effect upon its signing and
shall remain in full force and effect during the entire project duration which will be
from __________________________ to _________________________ and it will be renewable
upon agreement of both parties.
Section 6: Capacity and Authorization. The parties herein warrant that they have the
capacity, power and requisite authorization to enter into this agreement.
Section 7: 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.
8: Breach of Contract. The violation or omission of any of the provisions of this
agreement shall be a ground for cancellation or rescission of the same without
need for legal or court action.
Section 9: 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
(School) _________________________________ (partner) _______________________________________
By By
__________________________________________ ________________________________________
School Head Name and Designation
SIGNED IN THE PRESENCE OF:
(Name) ____________________________________ ________________________________________
(Position) ____________________________________ ________________________________________
Noted by:
___________________________________________
Schools Division Superintendent
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ACKNOWLEDGMENT
Republic of the Philippines)
______________________) s.s
BEFORE ME, this _______________ day of ________________, personally appeared:
Names TIN Number
(Donee) ____________________________ __________________________
(Donor) ____________________________ __________________________
Known to me and to me known to be the same persons who executed the foregoing
instruments and they acknowledged to me that the same is their free and
voluntary act and deed, and that of the corporations/ organizations herein they
represented. This Memorandum of Agreement consists of ___4____ pages including
this page in which this acknowledgment is written, signed by the parties in their
instrumental witnesses each and every page thereof.
WITNESS MY HAND AND NOTARIAL SEAL, on the date and place first written above.
NOTARY PUBLIC
Doc. No._____;
Page No. _____;
Book No._____;
Series of _____.
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