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Memorandum of Agreement - Philippine National Police

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MEMORANDUM OF AGREEMENT<br />

KNOW ALL MEN BY THESE PRESENTS:<br />

This <strong>Memorandum</strong> <strong>of</strong> <strong>Agreement</strong> (the “<strong>Agreement</strong>”) is executed on this 7th<br />

day <strong>of</strong> November 2012 at Quezon City, by and among:<br />

METROBANK FOUNDATION, INC., a corporation duly organized and<br />

existing under and by virtue <strong>of</strong> the laws <strong>of</strong> the Republic <strong>of</strong> the<br />

<strong>Philippine</strong>s, with <strong>of</strong>fice address at the 4 th Floor, Executive Offices,<br />

Metrobank Plaza, Sen. Gil J. Puyat Avenue, Makati City, Metro Manila,<br />

represented herein by its President, Mr. ANICETO M. SOBREPEÑA, and<br />

hereinafter referred to as the “Foundation”;<br />

ROTARY CLUB OF NEW MANILA EAST, a volunteer service organization<br />

duly chartered by Rotary International in R.I. District 3780, Quezon<br />

City, Metro Manila, and duly organized and existing under and by<br />

virtue <strong>of</strong> the laws <strong>of</strong> the Republic <strong>of</strong> the <strong>Philippine</strong>s, with <strong>of</strong>fice<br />

address at Annabel’s Restaurant, Tomas Morato Avenue, Quezon City,<br />

represented herein by its President, Mr. HERMIE CARREON, and<br />

hereinafter referred to as “RCNME”;<br />

PHILIPPINE SAVINGS BANK, a corporation duly organized and existing<br />

under and by virtue <strong>of</strong> the laws <strong>of</strong> the Republic <strong>of</strong> the <strong>Philippine</strong>s, with<br />

<strong>of</strong>fice address at the PSBank Center, 777 Paseo De Roxas corner<br />

Sedeño St, Makati City, represented herein by its President, Mr.<br />

PASCUAL M. GARCIA III, and hereinafter referred to as the “PSBank”;<br />

and<br />

The PHILIPPINE NATIONAL POLICE, an agency <strong>of</strong> the <strong>Philippine</strong><br />

national government, created and existing by virtue <strong>of</strong> and pursuant<br />

to Republic Act No. 6975, as amended by Republic Act No. 8551, with<br />

<strong>of</strong>fice address at Camp Crame, Quezon City, represented herein by its<br />

Chief, POLICE DIRECTOR GENERAL NICANOR A. BARTOLOME, and<br />

hereinafter referred to as the “PNP”.<br />

(Foundation, RCNME, PSBank and PNP may collectively be herein<br />

referred to as “Parties” or individually as “Party”)<br />

RECITALS<br />

Since 1998, RCNME, in cooperation with the PNP, has been conducting an<br />

annual search for the Best Community Oriented <strong>Police</strong>men to encourage and foster<br />

the ideal community service among the <strong>of</strong>ficers and personnel <strong>of</strong> the PNP by giving<br />

due and fitting recognition to those who have rendered valuable and exemplary<br />

service in this specific field <strong>of</strong> police work.<br />

The Foundation has likewise been actively involved in a broader project to<br />

honor and recognize outstanding policemen, regardless <strong>of</strong> their specific<br />

assignments, as part <strong>of</strong> its excellence awards program.<br />

The Foundation and RCNME desire to pool their resources together to<br />

undertake a project to honor, recognize and reward commissioned and non-<br />

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commissioned policemen who have shown exemplary performance in their careers<br />

in the law enforcement and peace-keeping pr<strong>of</strong>ession.<br />

The PNP recognizes its role to expand the reach <strong>of</strong> its information, education<br />

and community policing programs as components <strong>of</strong> the <strong>Philippine</strong> <strong>National</strong> <strong>Police</strong><br />

Integrated Transformation Program-Performance Governance System (ITP-PGS).<br />

The Foundation and RCNME sought the assistance <strong>of</strong> the PNP, and the latter<br />

agreed to cooperate and assist the Foundation and RCNME, in the above-mentioned<br />

project.<br />

PSBank likewise believes that a lasting peace and order could only be<br />

achieved through the active cooperation and participation <strong>of</strong> the business sector<br />

and the community with the police. In furtherance <strong>of</strong> this belief and with PSBank’s<br />

motto, “Simple at Maaasahan”, it agreed to forge a partnership with the<br />

Foundation, RCNME and the PNP in implementing the project.<br />

NOW, THEREFORE, the Parties have agreed as follows:<br />

Section 1. Name. The project shall be called “The Metrobank Foundation<br />

Search for the Country’s Outstanding <strong>Police</strong> Officers in Service” or the “Search”. It<br />

may also be referred to in this <strong>Agreement</strong> as “COPS”.<br />

Section 2. Ownership. The Foundation and RCNME shall jointly own the<br />

Search, which shall be implemented in partnership with PSBank and the PNP.<br />

Section 3. Objective and Undertaking. The Foundation and RCNME undertake<br />

to organize the Search, which shall be national in scope and coverage. They shall<br />

select a maximum <strong>of</strong> ten (10) <strong>Police</strong> Officers who have shown exemplary<br />

performance during their career as policemen and policewomen. The ten (10)<br />

winners will be chosen regardless <strong>of</strong> geographical location. A maximum <strong>of</strong> four (4)<br />

Commissioned Officers and six (6) Non-Commissioned Officers may be declared as<br />

winners.<br />

Notwithstanding the enumeration set forth above, the Foundation and<br />

RCNME may, by written agreement signed by both Parties, amend, revise and/or<br />

alter any and all categories <strong>of</strong> winners as they may deem proper and appropriate.<br />

Section 4. Qualification. The following police <strong>of</strong>ficers, regardless <strong>of</strong> their<br />

specific duties and functions, are eligible to participate in the Search:<br />

(a) For those participating in the “Commissioned Officers” category, they<br />

must possess the rank <strong>of</strong> at least “<strong>Police</strong> Inspector” to “<strong>Police</strong><br />

Superintendent” until the <strong>of</strong>ficial Conferment <strong>of</strong> Award in June 2013. If<br />

a nominee, holding a rank <strong>of</strong> Superintendent, is promoted to the next<br />

higher rank, the effectivity <strong>of</strong> promotion should be after June 2013 to<br />

make him/her eligible for the award;<br />

(b) For those participating in the “Non-Commissioned Officers” category,<br />

they must possess the rank <strong>of</strong> at least “<strong>Police</strong> Officer 1” to “Senior<br />

<strong>Police</strong> Officer 4” until the <strong>of</strong>ficial Conferment <strong>of</strong> Award in June 2013. If<br />

a nominee, holding a rank <strong>of</strong> SPO4, is promoted to the next higher rank,<br />

the effectivity <strong>of</strong> promotion should be after June 2013 to make him/her<br />

eligible for the award;<br />

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(c) Applicants who have the rank <strong>of</strong> SPO4 and Superintendent should not<br />

have any pending application for promotion to the next higher rank upon<br />

submission <strong>of</strong> nomination to make him/her eligible for the award;;<br />

(d) Those who have rendered at least seven (7) years <strong>of</strong> continuous active<br />

service;<br />

(e) Must be <strong>of</strong> good moral character;<br />

(f) Those who have not been adjudged guilty/liable in any administrative or<br />

criminal case;<br />

(g) Those who have not been charged in a criminal case which is pending in<br />

the prosecutor’s <strong>of</strong>fice or court and have no pending administrative<br />

charge given due course in any government administrative body; and<br />

(h) Those who are not current nominees/finalists or previous winners in<br />

other national awards similar to COPS like the Ten Outstanding<br />

<strong>Police</strong>women <strong>of</strong> the <strong>Philippine</strong>s (TOPWP).<br />

(i) Those who have not been finalists <strong>of</strong> the Search for two (2) consecutive<br />

years.<br />

(j) No posthumous award shall be granted;<br />

Section 5. Selection Process. The PNP shall aid and support the Foundation,<br />

RCNME and PSBank in the Search by involving its national and regional <strong>of</strong>fices to<br />

ensure that the selection process is as deep and as comprehensive as possible. The<br />

selection process shall be conducted as follows:<br />

(a) Nominations – Nominations may be made by any individual or<br />

organization, by submitting the prescribed nomination form. For the<br />

PNP, aside from the current supervisors, immediate past supervisors <strong>of</strong><br />

participants may submit nominations.<br />

(b) Endorsements – No nomination shall be received or evaluated unless<br />

the nominee possesses all the qualifications stated in Section 4.<br />

(c) Submission – All nominations shall be addressed to and received by: (1)<br />

the Directorate for <strong>Police</strong> Community Relations (“DPCR”) <strong>of</strong> the PNP<br />

headquarters; (2) any <strong>of</strong> the Metrobank branches nationwide; (3) any <strong>of</strong><br />

the PSBank branches nationwide; (4) RCNME; (5) the Regional PNP; or<br />

(6) the Rotary Sister Clubs, as endorsed by RCNME.<br />

(d) Secretariat – DPCR, Metrobank, PSBank and RCNME shall forward the<br />

individual nomination forms and supporting documents to a secretariat<br />

(the “Secretariat”) to be created by the Parties. The Secretariat shall<br />

have authority to exclude nominations which patently fail to comply with<br />

the requirements set forth in the nomination forms.<br />

(e) Semi-Final Board <strong>of</strong> Judges– The Foundation, in consultation with<br />

RCNME and PSBank, shall create and appoint the members <strong>of</strong> a Semi-<br />

Final Board <strong>of</strong> Judges consisting <strong>of</strong> two (2) groups, one (1) for the <strong>Police</strong><br />

Commissioned Officers (PCOs)and one (1) for the <strong>Police</strong> Non<br />

Commissioned Officers (PNCOs) with three (3) to five (5) members each<br />

group from any <strong>of</strong> the following sectors:<br />

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i. representative <strong>of</strong> Local Government Organization/s (i.e.<br />

League <strong>of</strong> Cities <strong>of</strong> the <strong>Philippine</strong>s and League <strong>of</strong><br />

Municipalities <strong>of</strong> the <strong>Philippine</strong>s;<br />

ii.<br />

iii.<br />

iv.<br />

representative <strong>of</strong> media organization/s;<br />

representative <strong>of</strong> socio-civic organization/s (i.e. League <strong>of</strong><br />

Corporate Foundations);<br />

representative <strong>of</strong> government agency/ies that has interaction<br />

with the PNP (i.e. Commission on Human Rights);<br />

v. representative <strong>of</strong> academic institution/s;<br />

vi.<br />

representative <strong>of</strong> religious organization/s.<br />

The Director <strong>of</strong> the Directorate for Personnel and Records<br />

Management and Chief Executive Senior <strong>Police</strong> Officer shall act as<br />

the resource persons for the Semi-Final Board <strong>of</strong> Judges.<br />

The Foundation, in consultation with RCNME and PSBank, may alter<br />

the number <strong>of</strong> divisions and/or the number <strong>of</strong> members therein as<br />

the circumstances may require.<br />

The Semi-Final Board <strong>of</strong> Judges shall rate each semi-finalists based<br />

on the criteria and following the rating guide <strong>of</strong> the Search set and<br />

agreed upon by the FOUNDATION, PSBank and RCNME. The average<br />

total rating <strong>of</strong> the Semi-Final Board <strong>of</strong> Judges shall constitute fifty<br />

percent (50%) <strong>of</strong> the final score. After the document review and<br />

deliberation, the Semi-Final Board <strong>of</strong> Judges shall elevate to the Final<br />

Board <strong>of</strong> Judges, maximum <strong>of</strong> twenty (20) finalists consist <strong>of</strong><br />

maximum <strong>of</strong> eight (8) finalists in the <strong>Police</strong> Commissioned Officers<br />

(PCO) Category and maximum <strong>of</strong> twelve (12) finalists in the <strong>Police</strong><br />

Non-Commissioned Officers (PNCO) Category. The Semi Final Board <strong>of</strong><br />

Judges shall likewise turn-over their ratings and ranking including<br />

pertinent documents to the Final Board <strong>of</strong> Judges through the<br />

FOUNDATION.<br />

The Final Board <strong>of</strong> Judges - The Final Board <strong>of</strong> Judges shall interview<br />

each <strong>of</strong> the finalists based on the criteria and rating guide <strong>of</strong> the<br />

Search set and agreed upon by the FOUNDATION, PSBANK and<br />

RCNME. The average total rating given by the Final Board <strong>of</strong> Judges<br />

shall constitute the remaining fifty percent (50%) <strong>of</strong> the final score.<br />

Following the combined score from the Document Review and<br />

Interview, the Final Board <strong>of</strong> Judges shall determine maximum <strong>of</strong> ten<br />

(10) winners consist <strong>of</strong> maximum <strong>of</strong> four (4) <strong>Police</strong> Commissioned<br />

Officers and six (6) <strong>Police</strong> Non Commissioned Officers. In case <strong>of</strong> tie,<br />

the Final Board <strong>of</strong> Judges shall vote unanimously to break the tie. In<br />

which case, the decision <strong>of</strong> the members <strong>of</strong> the Final Board <strong>of</strong> Judges<br />

shall be final and irrevocable, save in cases involving manifest or<br />

palpable error.<br />

Section 6. Final Board <strong>of</strong> Judges. The Foundation, RCNME, and PSBank shall<br />

jointly appoint the members <strong>of</strong> the Final Board <strong>of</strong> Judges. The Final Board <strong>of</strong> Judges<br />

shall be composed <strong>of</strong> distinguished individuals representing the different sectors <strong>of</strong><br />

Page 4 <strong>of</strong> 15


society (i.e. judiciary, executive, legislative branches, business, media, church,<br />

academe and such other sectors as may be acceptable to the Parties).<br />

Section 7. Prizes and Benefits. The winners <strong>of</strong> the Search shall each receive<br />

a cash prize <strong>of</strong> Three Hundred Thousand Pesos (Php 300,000.00). Twenty Five<br />

Thousand Pesos (Php 25,000.00) <strong>of</strong> such cash prize will go to the unit <strong>of</strong><br />

assignment <strong>of</strong> the winner during the time <strong>of</strong> nomination as support for capacity<br />

building projects and other programs as may be identified by the winner and his/her<br />

superior.<br />

Each winner shall also be given a trophy and medal that will symbolize the<br />

winner’s selection as one <strong>of</strong> the country’s best police <strong>of</strong>ficer for the year 2013.<br />

The Foundation shall defray the cash prizes and the cost <strong>of</strong> the trophies,<br />

while the PNP shall defray the cost <strong>of</strong> the medals (Medalya ng Katangi-Tanging<br />

Gawa) for the ten (10) winners <strong>of</strong> the Search.<br />

The Foundation, RCNME, PSBank, and PNP may confer other prizes and<br />

benefits to the winners, in addition to those already mentioned herein, in the event<br />

that circumstances allow the conferment <strong>of</strong> such additional prizes.<br />

The Parties shall jointly cause the publication and dissemination <strong>of</strong> the<br />

names and achievements <strong>of</strong> the winners <strong>of</strong> the Search in order that they may<br />

become examples to all men and women in uniform.<br />

Non-winning finalists will also receive a cash prize <strong>of</strong> Twenty Thousand Pesos<br />

(Php 20,000.00) each.<br />

Section 8. Administrative Expenses. The Foundation shall defray the<br />

administrative and operational expenses associated with the Search except those to<br />

be incurred by the PNP in the course <strong>of</strong> performing its tasks under this <strong>Agreement</strong>.<br />

The Foundation shall approve these expenses, in writing, before the<br />

commencement <strong>of</strong> the Search. Any excess or unexpended funds shall revert to the<br />

Foundation.<br />

To ensure the smooth operation <strong>of</strong> the Search, the Foundation undertakes to<br />

release the funds as recommended by RCNME and PSBank, in accordance with the<br />

budget schedule and milestones approved in writing by the Foundation.<br />

Section 9. Rights and Obligations. The Parties shall have the following rights<br />

and obligations:<br />

(a)<br />

The Foundation<br />

1. It shall be the fund manager <strong>of</strong> the Search.<br />

2. It shall, together with RCNME and PSBank, provide the general<br />

direction and decisions on the different aspects <strong>of</strong> the Search.<br />

3. It shall provide the technical and logistical support for the<br />

Search.<br />

4. It shall, (a) in consultation with RCNME and PSBank, appoint<br />

the members <strong>of</strong> a Semi-Final Board <strong>of</strong> Judges, and, (b) jointly<br />

with PSBank and the Foundation, appoint the members <strong>of</strong> the<br />

Final Board <strong>of</strong> Judges.<br />

Page 5 <strong>of</strong> 15


5. It shall serve as the primary supervisor <strong>of</strong> the Secretariat and<br />

coordinate with both the Semi-Final Board <strong>of</strong> Judges and the<br />

Final Board <strong>of</strong> Judges.<br />

6. It shall approve the operational budget <strong>of</strong> the Search, including<br />

but not limited to the cost <strong>of</strong> transportation and board and<br />

lodging <strong>of</strong> the winners for the awarding ceremonies.<br />

7. It shall conduct information campaign for the Search together<br />

with RCNME and solicit the support <strong>of</strong> other sectors other than<br />

the PNP.<br />

8. It shall, together with RCNME, arrange and plan for the<br />

Winners’ Forum and awarding <strong>of</strong> winners as well as other<br />

identified activities to honor the winners in appropriate venues.<br />

9. It shall, in consultation with RCNME, PSBank and PNP, arrange<br />

and plan the awarding ceremonies.<br />

10. It shall, together with RCNME, PSBank and the PNP, develop<br />

and implement a media plan for the Search.<br />

(b)<br />

RCNME<br />

1. It shall serve as the implementing arm <strong>of</strong> the Search and shall<br />

be jointly responsible with the Foundation and PSBank for<br />

conducting the Search and providing general direction and<br />

decisions on the different aspects <strong>of</strong> the Search.<br />

2. It shall conduct information campaign for the Search together<br />

with the Foundation and solicit the support <strong>of</strong> other sectors<br />

other than the PNP.<br />

3. It shall serve as the primary liaison with the PNP.<br />

4. It shall recommend to the Foundation the members <strong>of</strong> the<br />

Semi-Final Board <strong>of</strong> Judges, and, jointly with PSBank and the<br />

Foundation, appoint the members <strong>of</strong> the Final Board <strong>of</strong> Judges.<br />

5. It shall, together with RCNME, arrange and plan for the<br />

Winners’ Forum and awarding <strong>of</strong> winners as well as other<br />

identified activities to honor the winners in appropriate venues.<br />

6. It shall assist the Foundation in arranging and planning the<br />

awarding ceremonies<br />

7. It shall consult and secure the concurrence <strong>of</strong> the Foundation<br />

and the PNP on any fund-raising activity to support the Search<br />

or any <strong>of</strong>fer <strong>of</strong> sponsorship, either individual or corporate.<br />

8. It shall utilize its contacts to assist the Foundation in<br />

maximizing the budget for the Search.<br />

9. It shall provide the Foundation with a support staff to help the<br />

Secretariat in preparing for the Semi-Final Judging, Final<br />

Judging and Awarding phases <strong>of</strong> the competition.<br />

Page 6 <strong>of</strong> 15


10. It shall identify and select other Rotary Clubs (preferably sister<br />

clubs <strong>of</strong> RCNME) which shall act as co-participants <strong>of</strong> the<br />

Search under the control and supervision <strong>of</strong> RCNME.<br />

11. It shall assist the Foundation in formulating and implementing<br />

a media plan for the Search.<br />

12. It may conduct other programs and events to further honor the<br />

COPS Awardees as it may deem fit.<br />

(c)<br />

PSBank<br />

1. It shall provide budget support for the Foundation, part <strong>of</strong><br />

which shall be in support <strong>of</strong> the Search.<br />

2. It shall, together with RCNME and the Foundation, provide the<br />

general direction and decisions on the different aspects <strong>of</strong> the<br />

Search.<br />

3. It shall authorize all its branches nationwide to support the<br />

Search in all its phases: information campaign, final judging,<br />

awarding and post-awarding.<br />

4. It shall provide the Foundation with a support staff to help the<br />

Secretariat in preparing for the Selection phase <strong>of</strong> the<br />

competition and other phases <strong>of</strong> the Search, when possible.<br />

5. It shall utilize its facilities and its wide network <strong>of</strong> branches in<br />

the promotion <strong>of</strong> the Search through the distribution <strong>of</strong><br />

nomination forms, and the display <strong>of</strong> promotional materials.<br />

6. It shall utilize available media support and other<br />

communication facilities <strong>of</strong> the PSBank whenever possible;<br />

including but not limited to broadcast, print, and electronic in<br />

the promotion <strong>of</strong> the Search.<br />

7. It shall disseminate information about the Search in its<br />

website and upload therein the nomination forms.<br />

8. It shall receive applications in all its branches, and it shall<br />

forward them to the Secretariat.<br />

9. It shall provide marketing advice to the Foundation and<br />

RCNME in planning the major events <strong>of</strong> the Search and in the<br />

information campaign,<br />

10. It shall recommend to the Foundation the members <strong>of</strong> the<br />

Semi-Final Board <strong>of</strong> Judges, and, jointly with RCNME and the<br />

Foundation, appoint the members <strong>of</strong> the Final Board <strong>of</strong> Judges.<br />

11. It shall, jointly with the Foundation, RCNME and PNP, establish<br />

and execute a media plan and other plans and activities,<br />

including but not limited, to media events and the issuance <strong>of</strong><br />

press releases on the partnership in order to promote the<br />

Search.<br />

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12. It shall assist the Foundation in arranging and planning <strong>of</strong>, and<br />

participate in, the awarding ceremonies.<br />

13. It shall provide tarpaulins to the 17 PNP Regional Offices, and<br />

the <strong>National</strong> Head Quarters at Camp Crame. The tarpaulin that<br />

will serve as a congratulatory and call for nomination tarpaulin<br />

will feature the current COPS Awardees.<br />

14. It shall provide venues for COPS related activities such as<br />

Winners’ Forum and PROTECT Alumni Gathering.<br />

15. Through its <strong>of</strong>ficers, it shall endeavor to attend the major<br />

events <strong>of</strong> the Search.<br />

(d)<br />

PNP<br />

1. It shall assist the Foundation, RCNME and PSBank in arranging<br />

the <strong>Memorandum</strong> <strong>of</strong> <strong>Agreement</strong> Signing and Launching <strong>of</strong> the<br />

Search.<br />

2. It shall utilize its facilities and its wide network in sending out<br />

promotional materials and nomination forms to all police units<br />

in the country.<br />

3. It shall disseminate information on the Search through its<br />

website and social media networks, including a downloadable<br />

nomination form.<br />

4. It shall assist the Foundation, RCNME and PSBank in the<br />

information campaign <strong>of</strong> the Search, including the<br />

identification <strong>of</strong> strategic campaign areas, logistical, ensuring<br />

maximum attendance <strong>of</strong> qualified <strong>Police</strong> Commissioned<br />

Officers (PCOs) and <strong>Police</strong> Non Commissioned Officers<br />

(PNCOs) during Information Campaigns, possible board and<br />

lodging to organizers and personnel support in the local<br />

regions.<br />

5. It shall utilize available media support and other<br />

communication facilities <strong>of</strong> the PNP; both broadcast and print,<br />

in the promotion <strong>of</strong> the Search.<br />

6. It shall assign the PNP regional directors as active coordinators<br />

for the Search and cause its regional directors to enter into<br />

agreements in form and substance acceptable to the PNP, the<br />

Foundation and RCNME, with other Rotary Clubs identified and<br />

selected by RCNME.<br />

7. It shall issue notices requesting the nominees to prepare their<br />

supporting documents.<br />

8. It shall issue notices requesting the Units <strong>of</strong> qualified/eligible<br />

nominees to assist in preparing their supporting documents.<br />

9. It shall require each <strong>of</strong> its regional directors to nominate at<br />

least three (3) commissioned <strong>of</strong>ficers (regardless <strong>of</strong> gender),<br />

two (2) male non-commissioned <strong>of</strong>ficers and one (1) female<br />

non-commissioned <strong>of</strong>ficer.<br />

Page 8 <strong>of</strong> 15


10. It shall require all the PNP <strong>National</strong> Support Units (NSUs) to<br />

nominate at least (2) commissioned <strong>of</strong>ficers and two (2) noncommissioned<br />

<strong>of</strong>ficers. NSUs includes:<br />

1. Criminal Investigation and Detection<br />

2. Intelligence<br />

3. Highway Patrol<br />

4. Crime Laboratory<br />

5. <strong>Police</strong> Community Relations<br />

6. Special Action Force<br />

7. Maritime<br />

11. It shall ensure that the Regional Offices and NSUs produce the<br />

required number <strong>of</strong> nominees as stated above.<br />

12. It shall follow up and gather nominations from the field and<br />

report the total number <strong>of</strong> nominees received to RCNME.<br />

13. It shall conduct background investigation on the nominees,<br />

including, but not limited to, investigating if they have any<br />

pending administrative and/or criminal case as well as the<br />

service reputation <strong>of</strong> the nominee.<br />

14. It shall facilitate the release <strong>of</strong> records or clearances <strong>of</strong> the<br />

nominees and eventual finalists, including the results <strong>of</strong> and<br />

recommendations on pending administrative or criminal<br />

charges against the finalists, if any.<br />

15. It shall facilitate the attendance <strong>of</strong> the finalists to the final<br />

interview phase <strong>of</strong> the Search and the attendance <strong>of</strong> the<br />

winners in the major activities during the Recognition Program,<br />

i.e. courtesy visits and awarding ceremony.<br />

16. It shall facilitate the board and lodging <strong>of</strong> the finalists and<br />

winners <strong>of</strong> the Search.<br />

17. It shall assist the winners in the procurement <strong>of</strong> required<br />

uniform for the Recognition Program.<br />

18. It shall assist in the holding <strong>of</strong> the press conference and the<br />

Winners’ Forum at the PNP headquarters.<br />

19. Through the PNP Public Information Office, the PNP shall<br />

assist in the coordination with media<br />

organizations/institutions for media exposure <strong>of</strong> the winners,<br />

both before and after the awarding.<br />

20. In support <strong>of</strong> the Search, it shall allow the placement <strong>of</strong><br />

tarpaulin in the Regional Offices all over the country as well as<br />

at the <strong>National</strong> Head Quarters at Camp Crame.<br />

21. It shall add prestige, honor and significance to the Search by<br />

exerting its best efforts to consider the winners <strong>of</strong> this Search<br />

in any other award and recognition given by the PNP and/or<br />

other government agencies, especially the Civil Service<br />

Commission.<br />

Page 9 <strong>of</strong> 15


22. It shall provide transportation service for the awardees and<br />

spouses during the recognition week.<br />

23. It shall assist the Foundation in arranging and planning <strong>of</strong> the<br />

awarding ceremonies.<br />

24. It shall assist the Foundation in formulating and implementing<br />

a media plan for the Search<br />

Section 10. Term. This <strong>Agreement</strong> shall take effect from the date <strong>of</strong> the<br />

signing here<strong>of</strong> up to and until the awards for the winners are conferred and all <strong>of</strong><br />

the respective obligations <strong>of</strong> the Parties have been complied with. This <strong>Agreement</strong>,<br />

however, may be pre-terminated by mutual agreement <strong>of</strong> the Parties for a good and<br />

sufficient cause.<br />

Notwithstanding the expiration <strong>of</strong> the term herein provided, this <strong>Agreement</strong><br />

may be renewed by the parties by mutual agreement to cover a national search for<br />

the succeeding year by the execution <strong>of</strong> a new agreement.<br />

Section 11. Miscellaneous Provisions<br />

1. None <strong>of</strong> the Parties shall be liable to the other for any delay or failure to<br />

perform its obligations under this <strong>Agreement</strong> if that delay is due to force<br />

majeure, provided that there is no willful misconduct or gross negligence<br />

on the part <strong>of</strong> Party who failed or delayed in performing its obligations<br />

and the force majeure event could not have been prevented or overcome<br />

by the exercise <strong>of</strong> due diligence by such Party. Force majeure shall refer<br />

to causes beyond the reasonable control <strong>of</strong> the Parties, including without<br />

limitation, public calamity, epidemic, fire, earthquakes, acts <strong>of</strong> God, war,<br />

civil or military disturbance, riots, labor disputes, and the like. No claim<br />

shall be made by either Party in respect <strong>of</strong> any period during which any <strong>of</strong><br />

the said events shall persist.<br />

In the event <strong>of</strong> the occurrence <strong>of</strong> a force majeure situation which hinders<br />

a Party in the discharge <strong>of</strong> its obligations under this <strong>Agreement</strong>, the Party<br />

claiming to be affected thereby shall promptly notify in writing the other<br />

Party giving full particulars there<strong>of</strong> and shall use its best efforts to<br />

remedy the situation and the Parties shall consult each other with<br />

respect to the appropriate measures to be taken.<br />

2. This <strong>Agreement</strong> constitutes the entire agreement <strong>of</strong> the Parties and shall<br />

supersede any prior expressions <strong>of</strong> intent or understanding with respect<br />

to the subject matter here<strong>of</strong>.<br />

3. This <strong>Agreement</strong> shall be binding upon and enforceable against the<br />

Parties herein, and their respective successors-in-interest. Neither Party<br />

may assign or otherwise transfer this <strong>Agreement</strong> or any <strong>of</strong> its rights<br />

and/or obligations under this <strong>Agreement</strong>, without the prior written<br />

consent <strong>of</strong> all the Parties. Any and all amendments, changes,<br />

modifications, additions or revisions in this <strong>Agreement</strong> shall not be valid<br />

unless agreed upon in writing by all Parties herein.<br />

4. If one or more <strong>of</strong> the provisions <strong>of</strong> this <strong>Agreement</strong> or any other<br />

documents, agreements, or instruments executed or delivered in<br />

connection herewith is/are held to be invalid, illegal or unenforceable in<br />

any respect under applicable law, the Parties agree to renegotiate such<br />

provision(s) in good faith. In the event that the Parties cannot reach a<br />

Page 10 <strong>of</strong> 15


mutually agreeable and enforceable replacement for such provision(s),<br />

then (i) such provision(s) shall be excluded from this <strong>Agreement</strong>, and (ii)<br />

the validity, legality and enforceability <strong>of</strong> the remaining provisions<br />

contained herein or therein shall not in any way be affected or impaired<br />

thereby.<br />

5. This <strong>Agreement</strong> shall be governed by and construed in accordance with<br />

the laws <strong>of</strong> the Republic <strong>of</strong> the <strong>Philippine</strong>s. The Parties hereto expressly<br />

submit to and unconditionally accept the exclusive jurisdiction <strong>of</strong> the trial<br />

courts <strong>of</strong> the City <strong>of</strong> Makati, <strong>Philippine</strong>s, in all matters relating to this<br />

<strong>Agreement</strong>.<br />

6. This <strong>Agreement</strong> may be executed in any number <strong>of</strong> counterparts, each <strong>of</strong><br />

which shall be deemed to be an original and all <strong>of</strong> which taken together<br />

shall be deemed to constitute one and the same instrument for all<br />

purposes.<br />

7. All other matters not covered by this <strong>Agreement</strong> shall be negotiated by<br />

the Parties in good faith on a case-to-case basis.<br />

IN WITNESS WHEREOF, the Parties have signed this <strong>Agreement</strong>, through their<br />

respective duly authorized representatives, on the date and at the place first written<br />

above.<br />

METROBANK FOUNDATION, INC.<br />

By:<br />

ROTARY CLUB OF NEW MANILA EAST<br />

By:<br />

ANICETO M. SOBREPEÑA<br />

HERMINIO P. CARREON<br />

President President, RY 2012-2013<br />

PHILIPPINE SAVINGS BANK<br />

By:<br />

PHILIPPINE NATIONAL POLICE<br />

By:<br />

PASCUAL M. GARCIA III<br />

President<br />

PDG NICANOR A. BARTOLOME<br />

PNP Chief<br />

Signed in the presence <strong>of</strong>:<br />

NICANOR L. TORRES, JR. V. JESUSITO L. TIONGCO PDIR LINA C. SARMIENTO<br />

Executive Director COPS 2013 Chairman Director, DPCR<br />

Metrobank Foundation, Inc. RC <strong>of</strong> New Manila East <strong>Philippine</strong> <strong>National</strong> <strong>Police</strong><br />

Page 11 <strong>of</strong> 15


REPUBLIC OF THE PHILIPPINES )<br />

MAKATI CITY<br />

) S.S.<br />

ACKNOWLEDGMENT<br />

BEFORE ME, a Notary Public in and for the above named locality, this<br />

_______________, personally appeared the following persons exhibiting to me their<br />

respective identification documents (IDs) specified below:<br />

Name<br />

Identification<br />

Document (ID) No.<br />

Date and Place<br />

Issued;<br />

Date <strong>of</strong> Expiration<br />

Community Tax<br />

Certificate No.<br />

Date and Place<br />

Issued;<br />

Date <strong>of</strong> Expiration<br />

ANICETO M. SOBREPEÑA Passport NO.<br />

XX3184275<br />

Mar 7 2009–Mar 6<br />

2014/ DFA Manila<br />

01479906 January 25,<br />

2012/Makati City<br />

NICANOR L. TORRES 07569707 February 6,<br />

2012/Makati City<br />

known to me and to me known to be the same person(s) who executed the foregoing<br />

<strong>Memorandum</strong> <strong>of</strong> <strong>Agreement</strong> (the “<strong>Agreement</strong>”), and they acknowledged to me that they<br />

executed and signed the <strong>Agreement</strong> as their free and voluntary act and deed, as well as<br />

that <strong>of</strong> the corporation(s)/entity(ies) which they are authorized to represent, and that<br />

they are duly authorized to sign the <strong>Agreement</strong> on behalf <strong>of</strong> the<br />

corporation(s)/entity(ies) which they represent.<br />

This foregoing <strong>Agreement</strong>, consisting <strong>of</strong> ________ (___) pages, including the page<br />

whereon this acknowledgment in written, refers to a <strong>Memorandum</strong> <strong>of</strong> <strong>Agreement</strong> by and<br />

among the Metrobank Foundation, Inc., Rotary Club <strong>of</strong> New Manila East, <strong>Philippine</strong><br />

Savings Bank, and the <strong>Philippine</strong> <strong>National</strong> <strong>Police</strong>.<br />

WITNESS MY HAND AND SEAL on the date and at the place first written above.<br />

Doc. No. _____;<br />

Page No. _____;<br />

Book No. _____;<br />

Series <strong>of</strong> 2012.<br />

Page 12 <strong>of</strong> 15


REPUBLIC OF THE PHILIPPINES )<br />

CITY OF _________________ ) S.S.<br />

ACKNOWLEDGMENT<br />

BEFORE ME, a Notary Public in and for the above named locality, this<br />

_______________, personally appeared the following persons exhibiting to me their<br />

respective identification documents (IDs) specified below:<br />

Name<br />

Identification<br />

Document (ID) No.<br />

Date and Place<br />

Issued;<br />

Date <strong>of</strong> Expiration<br />

Herminio P. Carreon XXO160806 June 11, 2008-June<br />

11, 2013/DFA Manila<br />

V. Jesusito L. Tiongco EB5967584 July 18, 2012/DFA<br />

Pampanga<br />

Community Tax<br />

Certificate No.<br />

Date and Place<br />

Issued;<br />

Date <strong>of</strong> Expiration<br />

known to me and to me known to be the same person(s) who executed the foregoing<br />

<strong>Memorandum</strong> <strong>of</strong> <strong>Agreement</strong> (the “<strong>Agreement</strong>”), and they acknowledged to me that they<br />

executed and signed the <strong>Agreement</strong> as their free and voluntary act and deed, as well as<br />

that <strong>of</strong> the corporation(s)/entity(ies) which they are authorized to represent, and that<br />

they are duly authorized to sign the <strong>Agreement</strong> on behalf <strong>of</strong> the<br />

corporation(s)/entity(ies) which they represent.<br />

This foregoing <strong>Agreement</strong>, consisting <strong>of</strong> ________ (___) pages, including the page<br />

whereon this acknowledgment in written, refers to a <strong>Memorandum</strong> <strong>of</strong> <strong>Agreement</strong> by and<br />

among the Metrobank Foundation, Inc., Rotary Club <strong>of</strong> New Manila East, <strong>Philippine</strong><br />

Savings Bank, and the <strong>Philippine</strong> <strong>National</strong> <strong>Police</strong>.<br />

WITNESS MY HAND AND SEAL on the date and at the place first written above.<br />

Doc. No. _____;<br />

Page No. _____;<br />

Book No. _____;<br />

Series <strong>of</strong> 2012.<br />

Page 13 <strong>of</strong> 15


REPUBLIC OF THE PHILIPPINES )<br />

CITY OF _________________ ) S.S.<br />

ACKNOWLEDGMENT<br />

BEFORE ME, a Notary Public in and for the above named locality, this<br />

_______________, personally appeared the following persons exhibiting to me their<br />

respective identification documents (IDs) specified below:<br />

Name<br />

Identification<br />

Document (ID) No.<br />

Date and Place<br />

Issued;<br />

Date <strong>of</strong> Expiration<br />

Community Tax<br />

Certificate No.<br />

Date and Place<br />

Issued;<br />

Date <strong>of</strong> Expiration<br />

PDG Nicanor A. Bartolome 11I090309 March 16, 2012 03209409o January 18, 2012/<br />

Quezon City<br />

PDir. Lina C. Sarmiento 12F220001 06542039 Quezon City<br />

known to me and to me known to be the same person(s) who executed the foregoing<br />

<strong>Memorandum</strong> <strong>of</strong> <strong>Agreement</strong> (the “<strong>Agreement</strong>”), and they acknowledged to me that they<br />

executed and signed the <strong>Agreement</strong> as their free and voluntary act and deed, as well as<br />

that <strong>of</strong> the corporation(s)/entity(ies) which they are authorized to represent, and that<br />

they are duly authorized to sign the <strong>Agreement</strong> on behalf <strong>of</strong> the<br />

corporation(s)/entity(ies) which they represent.<br />

This foregoing <strong>Agreement</strong>, consisting <strong>of</strong> ________ (___) pages, including the page<br />

whereon this acknowledgment in written, refers to a <strong>Memorandum</strong> <strong>of</strong> <strong>Agreement</strong> by and<br />

among the Metrobank Foundation, Inc., Rotary Club <strong>of</strong> New Manila East, <strong>Philippine</strong><br />

Savings Bank, and the <strong>Philippine</strong> <strong>National</strong> <strong>Police</strong>.<br />

WITNESS MY HAND AND SEAL on the date and at the place first written above.<br />

Doc. No. _____;<br />

Page No. _____;<br />

Book No. _____;<br />

Series <strong>of</strong> 2012.<br />

Page 14 <strong>of</strong> 15


REPUBLIC OF THE PHILIPPINES )<br />

CITY OF _________________ ) S.S.<br />

ACKNOWLEDGMENT<br />

BEFORE ME, a Notary Public in and for the above named locality, this<br />

_______________, personally appeared the following persons exhibiting to me their<br />

respective identification documents (IDs) specified below:<br />

Name<br />

Identification<br />

Document (ID) No.<br />

Date and Place<br />

Issued;<br />

Date <strong>of</strong> Expiration<br />

Pascual M. Garcia III EB-1058261 September 29, 2010<br />

September 28, 2015/<br />

DFA Manila<br />

Community Tax<br />

Certificate No.<br />

Date and Place<br />

Issued;<br />

Date <strong>of</strong> Expiration<br />

known to me and to me known to be the same person(s) who executed the foregoing<br />

<strong>Memorandum</strong> <strong>of</strong> <strong>Agreement</strong> (the “<strong>Agreement</strong>”), and they acknowledged to me that they<br />

executed and signed the <strong>Agreement</strong> as their free and voluntary act and deed, as well as<br />

that <strong>of</strong> the corporation(s)/entity(ies) which they are authorized to represent, and that<br />

they are duly authorized to sign the <strong>Agreement</strong> on behalf <strong>of</strong> the<br />

corporation(s)/entity(ies) which they represent.<br />

This foregoing <strong>Agreement</strong>, consisting <strong>of</strong> ________ (___) pages, including the page<br />

whereon this acknowledgment in written, refers to a <strong>Memorandum</strong> <strong>of</strong> <strong>Agreement</strong> by and<br />

among the Metrobank Foundation, Inc., Rotary Club <strong>of</strong> New Manila East, <strong>Philippine</strong><br />

Savings Bank, and the <strong>Philippine</strong> <strong>National</strong> <strong>Police</strong>.<br />

WITNESS MY HAND AND SEAL on the date and at the place first written above.<br />

Doc. No. _____;<br />

Page No. _____;<br />

Book No. _____;<br />

Series <strong>of</strong> 2012.<br />

Page 15 <strong>of</strong> 15

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