Memorandum of Agreement - Donation
Memorandum of Agreement - Donation
Department of Education
Region I
Schools Division of San Carlos City
ANO ELEMENTARY SCHOOL
ano, San Carlos City, Pangasinan
MEMORANDUM OF AGREEMENT
This Agreement made and entered into this _____ day of __________at _____________________,
Philippines, by and between,
The DEPARTMENT OF EDUCATION, an Agency of the national government of the Republic of the
Philippines, created by the virtue of Batas Pambansa (BP) No. 232 “The Education Act of 1982” as
amended by the Republic Act (RA) No. 9155 otherwise known as “Governance of Basic Education Act of
2001,” with principal office address at Brgy. Ano, San Carlos City, Pangasinan.
-and-
____________________________________ (Name of partner/company), a corporation/organization
organized and existing under the laws of the Republic of the Philippines, or an individual, with office
address at ___________________________________________________ represented in this
transaction by its_______________________________________(designation),
__________________________________(name of representative), hereinafter
referred to as the “DONOR’;
WITNESSETH: That
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 of 1998 has been issued by the Department of
Finance thru the Bureau of Internal Revenue;
WHEREAS, DepEd being responsible in securing resources to make public schools competitive
has been partnering with the private sector entities as well as government agencies and their local units
for the development the public education system in our country;
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
________________________(name description of donor);
NOW THEREFORE, for and in consideration of the foregoing premises and the terms and
conditions herein set forth, the parties hereby agree as follows:
The project known as NAME OF THE PROJECT. These ______________will be donated to a selected
public school in the Philippines.
2.1.1 Provide policy guidance and directions to ensure the proper implementation of the project;
2.1.2 Coordinate with the school beneficiaries and the DONOR in the implementation of the project;
2.1.3 Accept the donation and execute the corresponding Deed of Acceptance through the Schools
Division Superintendent and School Principals, 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 the monitoring of the project;
2.1.5 Review and endorse the application of the DONOR for tax incentive or tax entitlement to the
Revenue District Office;
2.1.6 Provide proper management, maintenance and care for the improvement received by the
beneficiary school/s through the School Head/s or Principal/s, in close coordination with the
school beneficiaries;
2.1.7 Ensure the safety and security of the computer sets so as to prevent any damage or
defacement; and
2.1.8 Ensure proper recording or booking-up of donations received by the school through
coordination with the school property custodian or Division Supply Officer.
2.2 The DONOR shall:
2.2.1 Deliver the______to its chosen beneficiaries with the supervision of the DepEd.
2.2.2 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;
2.2.3 Render periodic report/assessment of the project as deemed necessary.
The project beneficiary shall be selected public schools of the department of Education nationwide.
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___.
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.
Section 8. 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 9: Amendments: This agreement may be revised, amended or modified only through a written
instrument duly executed and signed by all Parties.
By By
Position Position
Endorsed by:
ACKNOWLEDGMENT
_______________________________ ) ss.
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.
NOTARY PUBLIC
Page No._______
Book No._______
Series of _______