Memorandum of Agreement: Palikurang Malinis, Kinabukasang Kanais-Nais: Public Schools' Toilette

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MEMORANDUM OF AGREEMENT

This Memorandum of Agreement made and entered into this ____ day of June 2022 at
Dasmariñas City, Philippines, by and between:

The CITY SCHOOLS DIVISION OF DASMARI ÑAS under the DEPARTMENT OF


EDUCATION, an agency of the national government of the Republic of the Philippines, with principal
office address at CSDO Building, Dasmariñas Community Affairs Compound,
Brgy. Burol II, Dasmariñas City 4115 Philippines, represented by its OIC- Schools Division
Superintendent, Raymundo M. Cantonjos, hereinafter referred to as “DEPED DASMARIÑAS”;

-and-

HOCHENG PHILIPPINES CORPORATION, a private company, with principal office


address Lot 2 Blk 4 Phase III, First Cavite Industrial Estate, Brgy. Langkaan II, Dasmariñas City, Cavite, 
represented by its Senior Vice President, Jen Pao “Eugene
Lin hereinafter referred to as “HCG”

WITNESSETH THAT:

WHEREAS, the Department of Education is the primary government instrumentality mandated


to formulate, implement, and coordinate policies, plans, programs and projects in the areas of formal and
non-formal basic education; supervise all primary and secondary education institutions, including
alternative learning system, both public and private; and provide for the establishment and maintenance of
a complete, adequate and integrated system of basic education relevant to the goals of national
development;

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 and other stakeholders to assist in the delivery of better-quality education to public schools in
the country, particularly in the poverty-stricken provinces;

WHEREAS, the Department of Education has the responsibility of securing resources to make
the public schools competitive and is now calling on the private sector and other education stakeholders
to serve as partners in the nation’s development and in the improvement of the public education system;

WHEREAS, the Department of Education believes that one way of achieving one of the goals of
Wash in Schools (WinS) Program is through establishing partnership for a program dubbed as
PALIKURANG MALINIS, KINABUKASANG KANAIS-NAIS: PUBLIC SCHOOLS’ TOILETTE
REHABILITATION PROGRAM with a company with selflessness to donate materials to help realize
the vision of the program;

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 Partnership

DEPED DASMARIÑAS and HCG commit to a partnership in support of Wash in


Schools (WinS) Program through a program dubbed as PALIKURANG MALINIS,
KINABUKASANG KANAIS-NAIS: PUBLIC SCHOOLS’ TOILETTE
REHABILITATION PROGRAM.

Section 2 Rights and Obligations of the Concerned Parties

2.1 DEPED DASMARIÑAS shall:

2.1.1 Provide HCG with the background information and pertinent data of the
current state of the restrooms in the 44 public schools in the city of

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Dasmarinas to serve as basis for program implementation; List of schools
attached.

2.1.2 Assist HCG in the preparation of school beneficiaries and during the conduct
of turn-over ceremonies;

2.1.3 Coordinate with HCG should there be donation request from the identified
and neediest school;

2.1.4 Acknowledge HCG as a partner in the annual celebration of OK sa DepEd


and Brigada Eskwela, and ensure its logo inclusion in banners, posters, and
other promotions both online and on-ground;

2.1.5 Give HCG an exclusive promotion segment and/or space for booth set up
and promotion during the annual OK sa DepEd, Brigada Eskwela, and other
activities and events of the Health and Nutrition Unit;

2.1.6 Acknowledge HCG in any news release or article published in the Division
website and social media and any material submitted to DepEd Central or
Regional Office as requested; and

2.1.7 Assist HCG in the process of availing the tax incentive under RA 8525 or
the Adopt-a-School Law and all other benefits to which the company is
entitled as prescribed by such law.

2.2 HCG shall:

2.2.1 Conduct activities, together with DepEd Dasmariñas, in relation to ensuring


that the school beneficiaries are coordinated and prepared for the conduct of
turn-over ceremony;

2.2.2 Provide toilette equipment such as, but not limited to, ceramic toilette bowl,
and other materials deemed necessary by the company as a support to the
program in partnership with DepEd Dasmariñas based on the assessed
needs of the 44 public schools;

2.2.3 Coordinate with the Division Office regarding the monitoring of the
partnership and the activities geared towards availing all benefits under RA
8525; and

2.2.4 Comply with all necessary documents as regards the availing of the tax
incentive and other benefits prescribed by RA 8525 or the Adopt-a-School
Law.

Section 3 Project Effectivity


This Memorandum of Agreement shall take effect upon its signing and shall remain in
full force and effect for two years from SY 2022-2023 to SY 2023-2024, subject to
extension upon the agreement of both parties.

Section 4 Capacity and Authorization


The parties herein warrant that they have the capacity, power and requisite authorization
to enter into this Agreement.

Section 5 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 6 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.
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Section 7 Amendments
This Agreement may be revised, amended or modified only through a written instrument
duly executed and signed by all parties.

In the pursuance of this memorandum, both parties are obliged to comply with the provisions of
Republic Act No. 10173 or the Data Privacy Act of 2012 and relevant provisions of Republic Act No.
8293 or the Intellectual Property Code of the Philippines.

This agreement is bound by the complete understanding of BOTH PARTIES and may not be
amended, supplemented or discharged except by an instrument in writing signed by BOTH
PARTIES.

The authorized representatives of BOTH PARTIES guarantee that they have read, understood, and
consented to this Memorandum of Agreement.

Signed:

RAYMUNDO M. CANTONJOS, CESO VI JEN PAO “EUGENE” LIN


Assistant Schools Division Superintendent Senior Vice President – Officer-in-Charge
Officer-in-Charge Hocheng Philippines Corporation
Office of the Schools Division Superintendent

SIGNED IN THE PRESENCE OF:

__________________________________ DAVID CHANG


Vice-President for Sales and Marketing
Hocheng Philippines Corporation

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


_______________________________) SS.
x----------------------------------------------------x

BEFORE ME, a Notary Public for and in the _______________________________, this ___ day
of ______________ personally appeared the following persons exhibiting to me their competent evidence
of identity:

Name Government Issued ID Date/Place Issued

_____________________________ _________________________ ___________________


_____________________________ _________________________ ___________________
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.

This instrument, consisting of (___) pages, including the page on which this acknowledgement is
written, has been signed on the left margin of each and every page thereof by the concerned parties and
their witnesses, and sealed with my notarial seal.

WITNESS MY HAND AND NOTARIAL SEAL on this ____ day of ______________ 20___, at
___________________________________.

Notary Public
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Doc. No. ______
Page No._______
Book No._______
Series of 20_____.

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