III.

SAMPLE OF MoA

MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement executed by and between:

The COMMISSION ON HIGHER EDUCATION (CHED), an agency of the

National Government organized and established under Republic Act No. 7722
otherwise known as the “Higher Education Act of 1994,” with office address at
HEDC Bldg., C.P. Garcia Ave., U.P. Diliman, Quezon City, represented by its
Chairman, J. PROSPERO E. DE VERA III, DPA, herein referred to as “FIRST
PARTY”;
-and-

The <COMPLETE NAME OF HEI>, a public Higher Education Institution es-

tablished under <RA or PD No.> with principal office at <City/Municipality,
Province of Main Campus>, represented herein by its President, <COMPLETE
NAME AND TITLE OF THE PRESIDENT>, herein referred to as “SECOND
PARTY”

WITNESSETH: That,

WHEREAS, with hundreds of Filipinos infected, tens of deaths, and many more in
danger of infection, the Philippines is affected by COVID-19 which was declared by the
World Health Organization as a pandemic on 11 March 2020;

WHEREAS, President Rodrigo Roa Duterte, through Proclamation No. 922 dated 8
March 2020, enjoins all government agencies “to render full assistance and cooperation and
mobilize necessary resources to undertake critical, urgent, and appropriate response and
measures in a timely manner to curtail and eliminate the COVID-19 threat”;

WHEREAS, on 16 March 2020, the President, through Proclamation No. 929, declared
a state of calamity for a period of six months and further reiterated the call for government
agencies to mobilize necessary resources to curtail and eliminate the COVID-19 threat;

WHEREAS, the SECOND PARTY has the expertise and facilities to produce
necessary goods and deliver important services to assist security, health, and local
government front liners in their respective localities;

WHEREAS, the FIRST PARTY recognizes that there is a need to provide additional
financial support to the SECOND PARTY in order to upgrade their institutional capability
and sustain the production of much needed goods and/or the delivery of important services;

WHEREAS, CHED during its meeting on 24 March 2020 via Zoom approved the
guidelines for the release of financial assistance to State Universities and Colleges producing
goods and/or delivering services to curtail and eliminate the COVID-19 threat;

WHEREAS, in the same CEB meeting, the Commission authorized the Chairman to
approve projects endorsed by concerned CHED offices;

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 NOW THEREFORE, for and in consideration of the foregoing premises, the parties
hereto hereby agree as follows:

I. ROLES AND RESPONSIBILITIES OF THE PARTIES

1. The FIRST PARTY shall:

1.1 Through its Higher Education Development Fund (HEDF) provide funding
assistance to the SECOND PARTY in the amount of <TOTAL AMOUNT
IN WORDS AND IN FIGURES> for the implementation of the extension
program/project titled, “<Title of the Project>”, to be released in full in
accordance with the approved Line Item Budget (LIB) Work Plan (WP) and
Terms of Reference (TOR) contained in Annex “A”;

1.2 Through its Monitoring and Evaluation Team, see to it that funds provided
for to the SECOND PARTY shall be used properly and for the intended
purposes specified;

2. The SECOND PARTY shall:

2.1 Properly utilize the funds provided by the FIRST PARTY and shall
see to it that these are used for the purpose for which the same are
intended, in accordance with the approved WP and TOR, and subject to the
usual accounting and auditing rules and regulations;

2.2 Issue an Official Receipt for every amount received from the FIRST
PARTY;

2.3 Deposit the funds received from the FIRST PARTY with any government
authorized depository bank nearest the program site;

2.4 Separately keep and maintain any/all necessary accounting ledgers/

records for the project which shall be voluntarily submitted whenever
required and subjected to monitoring and evaluation of the CHED
Authorized Representative/s and furnish fully the certified true copies of
any/ all required documents;

2.5 Submit regular weekly updates/ report to the FIRST PARTY to include
properly documented reports with complete attachments.

2.6 Submit accomplishment/ terminal report to the FIRST PARTY within sixty
(60) days after the completion of the program;

2.7 Submit a liquidation report to the FIRST PARTY, certified correct by the
Accountant and approved by the head of the institution within sixty (60)
days after the completion of the program;

2.8 Return to the FIRST PARTY any/ all unused balance of the program fund,
including any/all income/ interest earned/ generated from the same, upon
pre-termination or completion of the project within forty-five (45) but not
more than sixty (60) calendar days, pursuant to Executive Order No. 338;

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 2.9 Abide by the provisions of COA Circular No. 94-103 which is made an
integral part hereof and other government laws, rules and regulations
directly or indirectly pertaining to projects funded either fully or partly by
government agencies;

2.10 In realizing the program, and for the purpose of propriety, transparency
and accountability, the SECOND PARTY shall faithfully observe the
provisions of RA 9184 and its Implementing Rules and Regulations;

2.11 Adhere to the prescribed accounting entries for booking up property/

equipment purchased out of the Program funds.

2.12 Warrants that the products to be produced and/or service rendered are
safe, effective, and cost-effective and that proper labels and instructions to
beneficiaries are made and given as to the proper use of products and/or
services.

2.13 Warrants that relevant licensed professionals supervised the production

of products and/or delivery of services and assumes sole responsibility
for all the consequences relative to the use/ consumption of these
products and/or the delivery of services.

II. OWNERSHIP OF PURCHASED EQUIPMENT AND FACILITIES

In the event that the grant shall include provision for equipment and
facilities, the FIRST PARTY reserves the right to ownership over the purchased
equipment and facilities subject of the grant until full liquidation by the SECOND
PARTY is completed. Transfer of ownership of the said equipment and facilities in
favor of the SECOND PARTY shall ensue upon issuance of Invoice Receipt of
property by the FIRST PARTY, or completion of any other required accounting
and audit procedure for the purpose.

III. OWNERSHIP OF INTELLECTUAL PROPERTY

The FIRST PARTY and SECOND PARTY hereby agree and understand
that intellectual property rights, ownership and enjoyment thereof arising from
this project shall be governed by the applicable provisions of RA 10055 (An Act
Providing the Framework and Support System for the Ownership, Management,
Use, and Commercialization of Intellectual Property Generated from Research
and Development funded by Government and for other purposes), RA 8439 (An
Act Providing a Magna Carta for Scientists, Engineers, Researchers and other Sci-
ence and Technology Personnel in Government), and RA 8293 (An Act Prescribing
the Intellectual Property Code and Establishing the Intellectual Property Office,
Providing for Its Powers and Functions, and for Other Purposes) including their
respective Implementing Rules and Regulations, as well as existing and future
policies of the FIRST PARTY on Intellectual Property Rights such as but not lim-
ited to the following:

1. Any publication arising from the activities undertaken by virtue of and pur-
suant to this Memorandum of Agreement (MOA) shall clearly establish and
identify the Parties as the source of the output and grant, respectively.

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 2. All reports arising from activities undertaken by virtue of and pursuant to this
MOA shall be made in the name of the Parties, as source of the output and
grant, respectively. The names of the Program Leaders/Project Leaders shall be
identified, recognized and included in the report.

3. The FIRST PARTY shall have the right to freely use all data and findings by
virtue of and pursuant to this Contract for any of the purposes within its legal
mandate. The SECOND PARTY, acknowledged as Program Leaders/Project
Leaders identified, recognized and included in the report, shall provide the
FIRST PARTY written updates on the use of any of the data or information
contained in the report and the purposes thereof, to ensure that government-
funded researches are utilized, continuously supported, and properly docu-
mented for the widest dissemination and use by the general public, and to en-
courage further scientific studies and researches.

4. The SECOND PARTY shall ensure that the project and its outcome would not
violate the intellectual property rights of any third party.

IV. ACTIVITIES DEALING WITH INDIGENOUS PEOPLE’S PROPERTIES,

RESOURCES, KNOWLEDGE AND/OR HERITAGE

In case the project would utilize any property, knowledge, heritage,

culture, tradition, institution and/or any other resource that belong to any
indigenous community, the SECOND PARTY has the responsibility of securing
the indigenous community’s free prior informed consent and subject itself to the
provisions and requirements relative to researchers and research outcomes
provided in RA 8371 (An Act to Recognize, Protect and Promote the Rights of
Indigenous Cultural Communities/Indigenous People, Creating a National
Commission of Indigenous People, Establishing Implementing Mechanisms,
Appropriating Funds Therefore, and for Other Purposes) and its Implementing
Rules and Regulations, to protect and respect the community intellectual property
rights of the concerned indigenous community.

For any violation of the provisions of the above law, with no valid cause
to justify the same, the FIRST PARTY may exercise the option of rescinding the
grant, through written notice given to the SECOND PARTY citing the particular
violation found, and the SECOND PARTY may be required to return any and all
funds subject of this research project.

V. ETHICAL CONDUCT OF EXTENSION ACTIVITIES

The SECOND PARTY has the responsibility of ensuring that the conduct
of the activities is in accordance with ethical standards especially those affecting
vulnerable and marginalized sectors and communities. The same sanction cited in
the next preceding Section shall apply to violations found under this provision of
the Contract.
VI. TERMINATION AGREEMENT OR NOTICE

The FIRST PARTY may, based on evidence of failure of the SECOND

PARTY to comply with the terms of the grant agreement, or in the event the
SECOND PARTY incurs unreasonable delay, inaction, or break of obligation
under the Memorandum of Agreement, issue a notice of intent to terminate the

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 grant agreement. The notice of intent to terminate has the force and effect of
extending or modifying the conditions of the suspend order. Any modification of
the condition of the suspend order shall be shown in the notice and discussed with
the implementing grantee. The FIRST PARTY shall give not less than ten days
written notice to the SECOND PARTY of intent to terminate the grant in whole or
in part.

After the SECOND PARTY has been notified and/or afforded

opportunity for discussion, the Director concerned may request authorization
from the Commission en Banc to terminate the grant in whole or in part. If the
Commission en Banc concurs in the termination action, the termination notice will
be forwarded to the SECOND PARTY. The termination notice shall establish the
effective date of the termination of the grant and the amount and date of payment
of any sums due either party.

If any dispute or difference of any kind whatsoever shall arise between

the parties in connection with the implementation or interpretation of this
contract, the parties shall make every effort to resolve amicably such dispute or
difference by mutual consultation.

VII. BASIS FOR TERMINATION

A grant may be terminated by the FIRST PARTY for cause. Cause for
termination of the FIRST PARTY includes failure of the SECOND PARTY to
make satisfactory progress toward achieving level of participation; or other
evidence satisfactory to the FIRST PARTY that the SECOND PARTY has failed or
is unable to perform in accordance with the provisions of the grant agreement as
provided in the relevant CHED Memorandum Order.

VIII. EFFECT OF GRANT TERMINATION

Where cause for grant termination is based on the SECOND PARTY’s

failure or inability to perform, upon termination, the SECOND PARTY must
refund that portion of the grant funds paid or owed to the FIRST PARTY and
allocable to the terminated project work. Only funds need to meet existing
obligation shall be retained. All other funds shall be refunded to the FIRST
PARTY. The SECOND PARTY shall not make any new commitments or enter
into new contracts. The SECOND PARTY shall also reduce the amount of other
outstanding commitments insofar as possible.

IX. SEPARABILITY CLAUSE

In the event that one or more provisions contained herein shall be held
invalid, illegal or unenforceable in any respect and for any reason, the remaining
provisions shall remain valid, legal and enforceable.

X. DOCUMENTS COMPRISING THIS AGREEMENT

All appendices hereto attached are hereby expressly made an integral part
of this agreement by reference, excluding inconsistencies with any/all part, terms,
and conditions contained in this Memorandum of Agreement.

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 XI. EFFECTIVITY OF THE AGREEMENT

This Agreement shall take effect upon the release of funds to the
concerned HEI for the project implementation and shall be in effect for a period of
three (3) months from the release of funds and is automatically extended should
the community quarantine is extended by government.

IN WITNESS WHEREOF, the parties hereunto have affixed their respective

signatures this _____ day of __________ 20____, at _________________, Philippines.

COMMISSION ON HIGHER EDUCATION <NAME OF HEI>

FIRST PARTY
SECOND PARTY
By: By:

J. PROSPERO E. DE VERA III, DPA <NAME AND TITLE OF PRES>

Chairman President

Signed in the presence of:

NELSON G. CAINGHOG <NAME OF VP>

Director IV Vice President for <…..>
CHED-OPRKM <NAME OF HEI>

CERTIFIED AS TO AVAILABILITY OF FUNDS

MYRA PAZ B. MANALO, CPA

Chief Accountant, CHED-HEDFS

ACKNOWLEDGMENT

REPULIC OF THE PHILIPPINES)

City of _________________ )S. S.

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 BEFORE ME, a Notary Public, for and in the City of __________________, this
________ day of _______________, 20___, personally appeared:

ID No. Issued on/Issued at

J. PROSPERO E. DE VERA III, DPA CO-0394 January 29, 2018

CHED Central Office

<NAME OF PRESIDENT> ________________ _________________

Known to me and to me known to be the same person(s) who executed the foregoing
instrument and who acknowledged to me that the same is their free and voluntary act and
deed, and that of the institutions respectively represented.

The foregoing instrument refers to a Memorandum of Agreement (MOA) consisting of seven

(7) pages, including the page in which this Acknowledgement is written, signed by the
parties, including their instrumental witnesses on each and every page thereof and sealed
with my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place above written.

NOTARY PUBLIC

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Series of 2020