MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This MEMORANDUM OF AGREEMENT (the Agreement) is made and entered into by and between:
The DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT, with office address at M.J. Cuenco Avenue, cor.
Gen. Maxilom Avenue, Cebu City, represented by MA. EVELYN B. MACAPOBRE, Director IV (the DSWD);
and
_______________________________,
of
legal
age,
____________________________________ (the Contractor);

Filipino,

and

with

residence

at

WITNESSETH THAT
Whereas, the DSWD needs services as described herein, which services are not performed by regular DSWD personnel and do not pertain to vacant
regular plantilla positions of the DSWD;
Whereas, Contractor has the education, experience and skills needed to provide such services;
Whereas, Contractor has offered to render such services, and the DSWD has accepted such offer;
NOW, THEREFORE, the parties agree that:
1.

Compensation.

For services rendered under this Agreement, Contractor shall receive a monthly compensation in the amount indicated in the attached SCHEDULE OF
PARTICULARS, which is made an integral part of this Agreement. Such compensation shall be charged against the fund source also indicated in the
attached SCHEDULE OF PARTICULARS.
For purposes of payment for services rendered, the DSWD may require Contractor to submit accomplishment reports and/or daily time record.
2.

Responsibilities of Contractor.
a.

Contractor shall have the designation, and shall perform and assume the functions and responsibilities, indicated in the attached SCHEDULE
OF PARTICULARS.

b.

During disaster brought by natural or any other cause/s and it becomes necessary under the circumstances, the Contractor may be
tapped/called/directed/ by the DSWD to render services to augment workforce needed for relief operations, volunteer management, relief goods
packaging, escorting relief goods to affected areas, and other logistical support and disaster response tasks. All services to be rendered by
Contractor in relation to this provision will be properly compensated subject to existing rules and regulations pertaining thereto.

c.

The DSWD may require Contractor to render service outside of the agreed regular working hours or during Saturdays, Sundays and holidays,
subject to payment of additional cost of services by the DSWD at the rate not exceeding the authorized overtime services rate for regular
employees. In the absence of funds for the purpose, such additional services may be compensated through compensatory time/day off.

d.

The DSWD may require Contractor to go on field work or to travel in relation to the performance of his/her contracted services, in which case
the DSWD shall cover the cost of Contractors actual transportation expenses and daily allowance for food and accommodation not to exceed
the daily rate of per diem given to regular employees on official travel, and subject to the usual accounting and auditing rules and procedures.

e.

If necessary to ensure efficient rendition of the contracted service, the DSWD may require Contractor to attend seminars/training related to
Contractors tasks/functions. In such cases, the DSWD shall shoulder the cost of such seminars/trainings. In such cases, Contractor shall render
service under this Agreement for at least six (6) months or the remainder of the period of effectivity of this Agreement, whichever period is
shorter. Should Contractor fail to do so, Contractor shall reimburse the DSWD for the cost of such training.

f.

In the interest of the service, the DSWD may lend DSWD properties to Contractor for official use outside DSWD premises subject to existing
DSWD rules and regulations. If any such property is lost or damaged due to the fault or negligence of Contractor, he/she shall be liable to the
accountable DSWD officer for the same, without prejudice to any further legal action the DSWD may take against Contractor.

g.

Contractor shall abide by the following policies, office rules and regulations being implemented and required by the DSWD:

h.
3.

i.

DSWD Code of Conduct under DSWD Memorandum Circular (MC) 21, series of 2012;

ii.

Child Protection Policy embodied in DSWD Administrative Order No. 07 series of 2015;

iii.

Drug-free workplace policy;

iv.

Smoke-free workplace policy based on Civil Service Commission (CSC) MC 17, s. 2009 or the Smoking Prohibition based on 100%
Smoke-Free Environment Policy;

v.

Policy on the Protection of the Bureaucracy Against Tobacco Industry Interference under CSC-DOH Joint Memorandum Circular No.
2010-01;

vi.

Other reasonable office rules and regulations being implemented in DSWD such as but not limited to dress code, work schedule and
arrangements, etc.

From time to time, the DSWD may assign to Contractor other related tasks and responsibilities.

Other Conditions.
a.

Contractor shall not be entitled to leave credits, PERA, ACA, RATA, and other similar allowances or emoluments unless explicitly provided for
in the approved salary schedule or compensation plan.
If Contractor is a solo parent as defined under Republic Act No. 8972 (the SOLO PARENTS WELFARE ACT) and meets the requirements
therein as well as the conditions stated in the Memorandum from the Secretary dated May 19, 2014, the Contractor shall be entitled to Paid
Absence Privilege of not more than seven (7) working days during the effectivity of this contract.

b.

Contractor authorizes the DSWD to deduct from Contractors compensation mandatory contributions as a self-employed individual, and remit
the same to the Social Security System (SSS), Philippine Health Insurance Corporation (PhilHealth) and Home Development Mutual Fund
(HDMF/PAG-IBIG) accordingly, in accordance with applicable laws and policies. It is understood that for this purpose, the DSWD shall only
be acting as a collecting and remitting agent.
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c.

4.

The DSWD recognizes that the Contractors rendition/ delivery of services under items 2.b and 2.d involves high risk to life and limb,
hence, the former agrees to enroll the latter to Group Personal Accident Insurance (GPAI) under the Government Service Insurance System
(GSIS). The DSWD shall determine the rate of GPAI coverage and shoulder the premium therefore. The said insurance coverage shall be
effective from the start of the engagement period to December 31, 2016.

Warranties. Contractor warrants that:

5.

a.

Contractor is not related within the third degree of consanguinity or affinity to the hiring authority and/or representative of the DSWD; and

b.

Contractor has not been previously dismissed from government service by reason of an administrative offense.

Effectivity & Termination.

a.

This Agreement shall cover the engagement period indicated in the attached SCHEDULE OF PARTICULARS.

b.

Upon its expiration, this Agreement shall not be deemed renewed unless the parties explicitly enter into another written Agreement for such
renewal.

c.

Upon expiration or termination of this Agreement, Contractor shall secure clearance from monetary and property accountabilities.

d.

Either party may pre-terminate this Agreement without need of cause by serving written notice to the other party at least thirty (30) days prior
to the intended date of pre-termination.

e.

The DSWD may pre-terminate this Agreement immediately upon written notice to Contractor for any of the following grounds:
i.

Contractor performed his/her functions under this Agreement inefficiently or incompetently.

ii.

Contractor is guilty of absenteeism and/or habitual tardiness.

iii.

Contractor has violated the DSWDs Code of Conduct, DSWD Child Protection Policy, Drug-Free Workplace Policy, Anti-Smoking
Policy, Policy on Protection of the Bureaucracy Against Tobacco Industry Interference and other reasonable office rules and regulations
required by the agency.

iv.

The DSWD discovers that the Contractor has committed any fraud or misrepresentation with respect to a material fact which was a
consideration for the DSWD into entering into this Agreement.

v.

The DSWD no longer has need for the services of the Contractor as specified under this Agreement.

vi.
6.

The funds against which the Contractors compensation is charged to becomes insufficient.

Limited Relationship.

Nothing in this Agreement shall be deemed to create an employer-employee relationship between the DSWD and Contractor. Contractor shall not be entitled to the
benefits and other emoluments received by employees of the DSWD. Services rendered under this Agreement are not considered part of Contractors
government service.

____________________, Cebu City.

DEPARTMENT OF SOCIAL WELFARE

AND DEVELOPMENT
By:
________________________________
MA. EVELYN B. MACAPOBRE
Director IV

______________________________
Contractor
Witness:

________________________________
MARCIAL G. FERNANDEZ
OIC-ARD for Administration

_________________________________________
LOUIE RAY C. VILLARIN
Accountant III

ACKNOWLEDGMENT
BEFORE ME, a Notary Public, on the above date and place, personally appeared the following:
NAME

ID DETAILS

MA. EVELYN B. MACAPOBRE

790-980 March 3, 2011 Quezon City

known to me to be the same persons who executed the foregoing instrument and acknowledged to me that the same is their free and voluntary acts as well
as that of the institution represented.
Doc. No.:
Page No.:
Book No.:
Series of

2016

NOTARY PUBLIC
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FN: 333917997

MEMORANDUM OF AGREEMENT
SCHEDULE OF PARTICULARS
CY 2016
Name of Contractor
Signature of Contractor
Designation

PROJECT DEVELOPMENT OFFICER II

Date of Start of Engagement Period

JUNE 1, 2016

Date of End of Engagement Period

DECEMBER 31, 2016

Total Compensation
Monthly Compensation

Fund Source

ONE HUNDRED EIGHTY THREE THOUSAND THREE HUNDRED FORTY FOUR(P183, 344)
TWENTY SIX THOUSAND ONE HUNDRED NINETY TWO PESOS ONLY (P26,192)

SLP FUNDS

Functions and Responsibilities

General Function:
The Project Development Officer II Field staff implements and facilitates the
identification, establishment and development of community social enterprise
projects using the Community Driven Enterprise Development (CDED) strategy
through the help or intervention of other stakeholders in the community.
Specific Functions:
-

Facilitates and monitor and provide technical assistance to the Local

Government Units, communities, and program participants in line with the social
enterprise development.

Introduce and pilot test different community-based microenterprise models

based on the current best practices and the lessons learned from livelihood
experience within and outside DSWD.

Inventory/mapping of various industries that community-based microenterprises

can maximize through the value chain and prepare a plan that would guide the
beneficiaries in the task of integrating communities to the value chain of a
specific industry.

Prepare technical reports based on monitoring the projects and

accomplishments within the specific areas of assignments.

Coordinate with the potential local partners for possible partners in the
establishment and development of community social enterprise.

Prepare reports as required by the Regional Office (monthly, quarterly or as the

needs arises).

Perform other related tasks that may be assigned from time to time.

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FN: 333917997