Sample MOA
Sample MOA
Sample MOA
This Agreement made and entered into this ___ day of ________ 2020 at ____________,
Philippines, by and between:
-and-
(Name of local TV /radio station), a local television/radio station organized and existing under the
laws of the Republic of the Philippines, its office address at
_____________________________________ represented in this transaction by its Proprietor/Owner,
_________________ hereinafter referred to as the “SECOND PARTY”;
WITNESSETH: That
WHEREAS, DepEd is presently exploring, developing and enhancing various modes of learning
and teaching modalities in order to ensure continuity of providing quality education amidst the COVID-19
pandemic;
WHEREAS, DepEd adheres to the fact that one way of achieving an enhanced learning
environment and addressing dire shortage of resources in public schools in accessing distant learners is
through the provision of educational multi-media modalities such as TV/Radio-Based Instruction for its
projects and program advocacies, information, education and communication campaigns;
WHEREAS, DepEd has sought assistance from National Telecommunications Commission (NTC)
for the free use of Cable Television (CATV) networks and its facilities for its distance learning initiative
mode for the delivery of quality basic education;
WHEREAS, NTC, as the government agency mandated to oversee the operations of radio and TV
broadcasting in the country, issued Memorandum Order No. 10-06-2020 enjoining all radio and TV
broadcast networks in the Philippines to assist and extend its support to DepEd,
WHEREAS, every legislative franchise granted to every specific TV or radio network states that:
WHEREAS, NTC has reiterated, through the afore-mentioned Memo, the radio and TV broadcast
networks and operators’ obligation to provide the National Government access to their facilities, as
provided in their Authorizations, to wit:
“It shall provide free of charge, a minimum of thirty (30)
hours/month time or access channel thru its radio/television
station facilities to the National Government to enable it to
reach the population on important public issues; assist
Government, national or local, in the functions of public
information and education…”
WHEREAS, the SECOND PARTY is a business enterprise/ organization engaged in television (TV)
or radio network operations which was granted legislative franchises; and
WHEREAS, the SECOND PARTY commits to comply with the public service provision of their
franchise and NTC Memorandum Circulars and Issuances for the attainment of the objectives and
initiatives of the FIRST PARTY in the TV and Radio based Instruction mode of delivering education to all
affected learners.
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 Partnership known as Provision of minimum of thirty (30) hours per month of free air
time/slot for DepEd includes;
1. The SECOND PARTY’s commitment to provide at least thirty (30) hours per month
airtime/ timeslot to be dedicated to DepEd’s video and audio broadcast from Monday
to Sunday, managed/ supervised by the FIRST PARTY
2. Video and audio contents to be broadcasted or aired by the SECOND PARTY shall
follow a daily schedule as provided for by the SECOND PARTY from 8:00 am to 6:00
pm from Monday to Sunday, with replays on other available times and days
3. Other education programs to be produced and co-produced by DepEd shall be aired
on available times and days outside of item 2 above.
a.) Provide policy guidance and directions to ensure the smooth partnership of the
parties;
b.) Designate the Partnership Point Person who will coordinate with the SECOND
PARTY;
c.) Select personnel who will the handle video production and tv broadcast production
team who will coordinate with the SECOND PARTY;
d.) Conduct regular assessment and production meetings on a regular basis;
e.) Produce video or audio materials such as but not limited to program adhering to the
approved learning modules, Jingle/OBB/CBB/IDs, infomercials,
stingers/teasers/music beds, etc. in partnership with the SECOND PARTY;
f.) Responsible for the program content and accountable for any concerns that may
arise from all related laws and issuances concerning tv broadcasts;
g.) Notify the SECOND PARTY at least an hour before the actual broadcast/ radio airing
if there is a need to replay the previous episode due to unforeseen unavailability of
the broadcast production team to conduct live broadcast;
h.) Coordinate with the SECOND PARTY in the implementation of program activities and
accept any partnership assistance;
i.) Lead in the evaluation of the implementation of the program and;
j.) Endorse the application of the SECOND PARTY for tax incentive or tax exemption
entitlement to the Revenue District Office, if applicable.
a.) Grant the FIRST PARTY at least thirty (30) hours per month airtime/ timeslot to be
dedicated to DepEd’s video and audio broadcast from Monday to Sunday managed/
supervised by the FIRST PARTY;
b.) Provide technical assistance during broadcast by assigning technical and/or
production assistants to the FRIST PARTY.
c.) Ensure that equipment and fixtures inside the production booth/studio are in good
working condition;
d.) Keep the video/audio recordings of live broadcast for documentation and replays, as
need arises;
e.) To automatically replay previous episodes in cases of unavailability of broadcast
production team to broadcast a previously scheduled content.
f.) Inform the FIRST PARTY of any changes changes in broadcast schedule due to
special overage/programming power service interruption, technical adjustments, and
other foreseen events;
g.) Inform the FIRST PARTY on issues, concerns and other matters concerning the
mandate, personnel and learners that IT received from the public and concerned
citizens prior to the schedule of broadcast;
h.) Administer the efficient and effective implementation of the project in coordination
with the FIRST PARTY;
i.) Render periodic report/assessment of the partnership being implemented to the
FIRST PARTY as deemed necessary.
The Partnership shall cover broadcast of video or audio materials from the FIRST PARTY
to benefit learners from Kinder to Grade 12 (K to 12)
The Partnership shall commence upon signing of the parties of this MOA and shall be
effective for a period of two (2) years and subject to renewal as may be agreed upon by
the parties upon submission of their intention to renew this agreement through formal
notice within thirty (30) days before its expiration.
The parties reserve their respective rights to terminate their participation in the agreement
through formal written notice within thirty (30) days before the effectivity of the
termination. Termination shall be subject to the manual agreement between the parties
and only for valid and justifiable reasons.
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 this Agreement
shall be ground for all the cancellation or rescission of the same without need for legal or
court action.
Section 9 This Agreement may be revised, amended or modified only through a written instrument
duly executed and signed by all parties.
By By
___________________ _____________________
FIRST PARTY SECOND PARTY
_____________________ ______________________