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Memorandum of Understanding

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Republic of the Philippines

Department of Education
Region IV-A CALABARZON
DIVISION OF BATANGAS

MEMORANDUM OF UNDERSTANDING BETWEEN DEPED DIVISION OF BATANGAS AND DEUTSCHE


GESELLSHAFT FUER INTERNATIONALE,

This Memorandum of Understanding (hereinafter referred to as “MOU”) is made and


entered into by and between the DEPARTMENT OF EDUCATION, DIVISION OF BATANGAS,
(hereinafter referred to as FIRST PARTY) whose address is Batangas Provincial Sports Complex,
Brgy. Bolbok, Batangas City, represented herein by its Schools Division Superintendent, MANUELA
S. TOLENTINO.
-and-
the, DEUTSCHE GESELLSHAFT FUER INTERNATIONALE, whose address is 9th Floor,PDCP Bank
Centre, VA Rufino Street, Makati, 1227 Metro Manila (hereinafter referred to as SECOND PARTY)
represented by ________________________________., this 25th day of September, 2018 .

The purpose of this MOU is to establish a strong partnership to improve capability of DepEd
and public schools to implement its Program. DepEd hopes that the partners will be able to provide
the DepEd supports to its programs and projects particularly in Wash in School and other Health
Program This MOU will cover agreements between the DepEd and its partners and spell out terms,
conditions and responsibilities of DepEd, the schools and the partners.

That this MOU of partnership is governed by DepEd existing law and issuance such as, but
not limited to the following:

a. DepEd Order No. 40, s. 2012, entitled Child Protection Policy (Policy and Guidelines on
Protecting Children in School from abuse, Violence, Exploitation, Discrimination, Bullying
and other forms of Abuse);
b. DEPeD Order No.55, s. 2013, Implementing Rules and Regulations (IRR) of Republic Act
No. 10627, Anti-Bullying Act 2013;
c. Republic Act No. 7877, an Act Declaring Sexual Harassment Unlawful in the
Employment, Education and Training Environment and for other Purposes;
d. DepEd Order No. 6 s. 2012 which expressly prohibits all forms or manner of partnership
and cooperation with all tobacco industry in all areas of the country;
e. DepEd Order No.80, s.2012 entitled Strengthening integration of Breastfeeding
education in the curriculum, setting up and sustaining the operation of lactation stations
in compliance to the Executive Order No. 51, school’s officials are discouraged from
partnering to companies manufacturing milk and infant formula products;
f. DepEd Order No. 39, s. 2009 on the commercialization of schools also expressly
prohibits the appearance of any forms of institutional endorsement by the DepEd for
any commercial products or service within school premises in exchanged for any school-
industry partnership;
g. Republic Act. No. 8525, (The Adopt –A-School Act of 1998) and other DepEd issuances
for corporate donations;
h. Relevant labor laws and issuance especially in the field of Internship, Apprenticeship, on
the job training (OJT) and others;
i. Article 218 and 219 of the Family Code, on special parental authority and responsibility
of schools, administrators and teachers.

This MOU is effective upon the day and date last signed and executed by the duly
authorized representatives of the parties to this MOU and the governing bodies of the parties’
respective counties or municipalities and shall remain in full force and effect for not longer than two
years, but subject for renewal or extension. This MOU may be terminated, without cause, by either
party upon issuance of written notice, which notice shall be delivered by hand or by certified mail to
the address listed above.

WHEREAS, DepEd being responsible to build strong partnership with stakeholders has been
partnering with private sector entities, Non-Governmental Organization as well as government
agencies and their local units to improve implementation of K-12 Program;
WHEREAS, DepEd being responsible in securing resources to make public schools
competitive has been partnering to have teachers training and capability building, use of facilities
and additional resources through Wash in School Program;

WHEREAS, Deutsche Gesellshaft Fuer Internationale as an international organization


adhere to the DepEd existing law and issuance mentioned above and to the facts that it is their
social responsibility to assist the public school system and provide resource gaps that the
government cannot immediately provide;

WHEREAS, Deutsche Gesellshaft Fuer Internationale shall support the DepEd’s Wash in
School program and other public schools as part of their social development program to help and
improve public school community by providing activities, programs and projects aligned to K-12
Program.

WHEREAS, Deutsche Gesellshaft Fuer Internationale shall also ensure that the workplace is
a conducive and safe learning environment for the students;.

Either party may request changes to this MOU. Any changes, modifications, revisions or
amendments to this MOU which are mutually agreed upon by and between the parties to this MOU
shall be incorporated by written instrument, and effective when executed and signed by all parties
to this MOU.

This MOU, consisting of three pages, represents the entire and integrated agreement
between the parties and supersedes all prior negotiations, representations and agreements,
whether written or oral.

Should any portion of this MOU be judicially determined to be illegal or unenforceable, the
remainder of the MOU shall continue in full force and effect, and either party may renegotiate the
terms affected by the severance.

The parties do not intend to create in any other individual or entity the status of a third
party beneficiary, and this MOU shall not be construed so as to create such status. The rights,
duties and obligations contained in this MOU shall operate only between the parties to this MOU,
and shall inure solely to the benefit of the parties to this MOU. The provisions of this MOU are
intended only to assist the parties in determining and performing their obligations under this MOU.
The parties to this MOU intend and expressly agree that only parties’ signatory to this MOU shall
have any legal or equitable right to seek to enforce this MOU, to seek any remedy arising out of a
party’s performance or failure to perform any term or condition of this MOU,

The violation or omission of any of the provisions of this Agreement shall be ground for
cancellation or rescission of the same without the need for legal or court action.

In witness whereof, the parties to this MOU through their duly authorized representatives
have executed this MOU on the days and dates set out below, and certify that they have read,
understood, and agreed to the terms and conditions of this MOU as set forth herein.

The effective date of this MOU is the date of the signature last affixed to this page.

[FIRST PARTY] SECOND PARTY

MANUELA S, TOLENTINO _____________________________________


School Division Superintendent
DEPED BATANGAS DEUTSCHE GESELLSHAFT FUER
Date INTERNATIONALE
Date:
IN THE PRESENCE OF:

RAMIL G GINETE Dra. KHAREEN M. CADANO


SEPS SOC. MOB.. Medical Officer
DepEd Division of Batangas

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