Memorandum of Understanding

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MEMORANDUM OF UNDERSTANDING

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Understanding (MOU) made and entered into this


__________________, 20__ between:

The CAGAYAN VALLEY MEDICAL CENTER, a Level IV Tertiary Regional Hospital


in Region 2 (Cagayan Valley) located at Pan-Philippine Hwy, Carig Regional Center,
Tuguegarao, City, Cagayan, represented in this act by its Medical Center Chief II,
GLENN MATHEW G. BAGGAO, MD, MHA, MSN, FPSMS, FPCHA, herein referred
to as the “FIRST PARTY”;

- and -

The PROVINCIAL GOVERNMENT OF CAGAYAN, a local government unit duly


organized and existing under the laws of the Republic of the Philippines, with
principal office address at Capitol Hills, Peñablanca, Cagayan, herein represented by
Governor MANUEL N. MAMBA, hereinafter referred to as the “SECOND PARTY”;

WITNESSETH:

WHEREAS, the State affirms the basic right of all Filipinos to mental health as well as
the fundamental rights of people who require mental health services;

WHEREAS, the FIRST PARTY is mandated by the Juvenile Justice Welfare Act to
intensify the implementation of restorative justice for Children in Conflict with the
Law (CICL) which involves the comprehensive management of CICL from
prevention, to rehabilitation and reintegration through the development of a
Comprehensive Juvenile Intervention Program at the national and local levels;

WHEREAS, the objective of the said program is to provide children in conflict with
the law with care, protection, education and vocational skills under a structured
therapeutic environment, with the end view of reintegrating them into their families
and communities;

WHEREAS, the law further mandates that the SECOND PARTY, as partner agency in
the intervention program, shall allocate 1/3 portion of the total expenses incurred by
the FIRST PARTY in the care and maintenance of CICL;

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WHEREAS, the parties to this Understanding, considering their respective mandates,
resources and expertise, programs and desire of accomplishing a better coordinated,
shared, more significant project, have agreed to work together to achieve this
objective;

NOW, THEREFORE, for and in consideration of the foregoing premises, and in


pursuance of their desire to cooperate in the care and maintenance of the CICL, the
FIRST and SECOND PARTY have reached the following understanding:

GENERAL AGREEMENT

1. Subject to their respective rights and obligations as set out in this Agreement, the
Parties shall cooperate and endeavor to achieve the following:

OBLIGATIONS OF THE FIRST PARTY

2.1 The First Party shall perform the following:

(a) Coordinate with the SECOND PARTY;


(b) Furnish the SECOND PARTY with the Statement of Accounts (SOA) of the
total expenses incurred in the care and maintenance of the CICL on a semi-
annual basis;
(c) Issue an Official Receipt to the SECOND PARTY which identifies the details of
the payment

OBLIGATIONS OF THE SECOND PARTY

3.1 The Second Party shall perform the following:

(a) Pay the amount in the SOA furnished by the FIRST PARTY, which is
equivalent to its 1/3 counterpart share in the care and maintenance of CICL;

MISCELLANEOUS CONDITIONS

4.1 Relationship of the Parties. There is no employer-employee relationship between


the FIRST and SECOND PARTY and the former’s officers, employees, agents or
representatives who may be assigned to perform the services under this
Agreement. It is agreed that FIRST PARTY shall be solely responsible for the
respective compensation of said officers, employees, agents or representatives who
may be assigned to perform the services under this Agreement. As such, the FIRST

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PARTY shall hold the SECOND PARTY free from any liability, cause/s of action,
claim/s FIRST SECOND PARTY’s officers, employees, agents or representatives in
connection with the services they are assigned to perform under this Agreement or
under the provisions of the Labor Code of the Philippines and such other
applicable laws, rules, and regulations.

4.2 Authority of Signatories. The signatories hereunder represent and warrant that all
necessary corporate and other approvals for the execution of this Agreement by
the “Parties”, respectively, have been duly obtained.

4.3 Non-Assignability. This Memorandum of Understanding shall not be assigned by


either Party, in whole or in part, without the other Party’s prior written consent.
Any assignment in contravention of this provision shall be null and void.

4.4 Notices. All notices and communications which may be given to either of the
Parties hereunder, shall be in writing, addressed and deemed properly given if sent by
registered mail with return receipt, postage prepaid to the signatories and addresses
specified in the first page of this Agreement, or to such other address/es as maybe
designated by the Party/ies in subsequent written notice/s.

4.5 Governing Law. This Agreement shall be interpreted, governed and enforced in
accordance with the laws of the Republic of the Philippines.

4.6 Entire Agreement and Amendments. This Agreement and any other provisions or
terms specifically incorporated herein constitute the entire agreement of the
Parties. This Agreement may be amended only by an instrument in writing signed
by all the Parties. The terms, provisions and covenants of any such amendment/s
shall inure to the benefit of and be binding upon the Parties hereto, their
successors and assigns.

4.7 Effectivity. This Agreement shall take effect upon its execution by the Parties.

IN WITNESS WHEREOF, the parties hereto have executed this instrument to be


effective the day and year first-above written.

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FOR DSWD-REGION II FOR THE PROVINCIAL
GOVERNMENT OF CAGAYAN

CEZARIO JOEL C. ESPEJO MANUEL N. MAMBA


Regional Director Governor

Signed in the presence of:

ACKNOWLEDGEMENT

Republic of the Philippines )


Province of Cagayan )
Tuguegarao City )

BEFORE ME, a Notary Public for and in the Province of Cagayan, Philippines,
personally appeared this ____ day of ____________, 202_ the following with their
respective Community Tax Certificate Nos. and the date and place of issuance, known
to me to be the same persons who executed the foregoing instrument which is a
Memorandum of Agreement and they acknowledged to me that the same is their own
free and voluntary act and deed as well as that of the entities/institutions they
represent:

NAME Government ID Number Date Issued


Issued ID
MANUEL N. MAMBA
CEZARIO JOEL C. ESPEJO

The foregoing instrument consists of three (3) pages including this page on
which this Acknowledgement is written, and each and every page of which has been
signed by the foresaid parties, their witnesses, and sealed with my notarial seal.

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WITNESS MY HAND AND SEAL this _____ day of ___________________,
202_ at Tuguegarao City, Cagayan, Philippines.

Notary Public

Doc No. _______


Book No. ______
Page No. ______
Series of 202_

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