You are on page 1of 21

LEGAL DIVISION

TEMPLATE FOR FAVORABLE INDORSEMENT TO THE SECURITIES


EXCHANGE COMMISSION

1st Indorsement

(Date)

Respectfully returned to the Honorable Chairman, Securities and Exchange


Commission, EDSA, Greenhills, Mandaluyong City,

The application for registration of the Amended Articles of Incorporation of


___________________, INC., as a non-stock educational corporation may be given due
course pursuant to the provisions of Batas Pambansa Blg. 232, provided that the provision
on the matter concerning stock corporation has been strictly complied with and provided
further, that the specification for building requirements in putting up a school should be in
accordance with the standard requirements under existing rules and regulations of the
Department of Education.

The By-Laws of the said Corporation may also be given due course provided nothing
contained therein shall be construed or given the interpretation which shall contravene the
existing policies, rules and regulations of this Department and the applicable laws,
particularly Batas Pambansa Blg. 232.

The establishment, operation, administration and management of the said school


shall be subject to the existing laws, rules and regulations, policies and standards of the
Department of Education.

ATTY. SUZETTE T. GANNABAN-MEDINA


Chief Administrative Officer
Officer-in-Charge, Office of the Director IV
Legal Service
LAS Reference No
TEMPLATE FOR CORRECTION OF NAME

IN THE MATTER OF THE


CORRECTION OF NAME OF
().

( Name ),

Petitioner.
x------------------------------------------x

RESOLUTION NO. Year-No.

A request for correction of name having been filed with this Office by
______________________,praying that his/her name in his/her school records be
corrected from _________________________ to_______________________________,
duly supported by the attached Philippine Statistics Authority (formerly the National
Statistics Office) Authenticated and Amended Live Birth Certificate, the Affidavit of
Discrepancy executed by _______________________ and the Joint Affidavit of two
disinterested persons executed by _____________________ and
______________________, all attesting to the fact that the names
________________________ and ____________________________, refer to one and
the same person, and finding the same in order, said request is hereby approved.

WHEREFORE, the name of petitioner’s name in his/her school records at


____________ School of _______ City, _____________, _______ City, shall be
correctedfrom _________________________ to _______________________.

Let copies of this Resolution be furnished to the Regional Director, Department of


Education, (Region) , (Address), and the Principal of _______________, (Name of
School), (Address of School). For their information, guidance and compliance.

Pasig City, ______________, 2018.

ATTY. SUZETTE T. GANNABAN-MEDINA


Chief Administrative Officer
Officer-in-Charge, Office of the Director IV
Legal Service

 Pursuant to Republic Act 10173 or “Data Privacy Act”


TEMPLATE FOR REVIEW OF MEMORANDA
No Objection

MEMORANDUM

DM-LA-2018-_________

To : (Name of Individual Requesting)


(Position of Individual Requesting)

(Office of Individual Requesting)

From : ATTY. JOSEPHINE G. MARIBOJOC


Assistant Secretary
Officer-in-Charge, Office of the Undersecretary
Legal Affairs

Re : Review of the ___________________

Date : _______________

This refers to your request for review of the draft Memorandum of Agreement
(MOA), on the _______________________ between the Department of Education
(DepEd) and _________________________.

The ensuing review pertains to the legal aspect of the agreement and excludes from
its coverage an assessment of the technical and financial aspect thereof.

After review of the said MOA template, this Office interposes no objection to the
same, subject to the following comments and recommendations:

1. To preserve the integrity of the MOA, it should indicate pagination.


2. With regard to the recital of the parties, the recital for DepEd should be
revised to read as follows:

The DEPARTMENT OF EDUCATION, a government entity


mandated by law, particularly B.P. 232, otherwise known as the
“Education Act of 1982”, as amended by Republic Act No. 9155,
otherwise known as “Governance of Basic Education Act of
2001”, with office address at DepEd Complex, Meralco Avenue,
Pasig City, represented herein by its Secretary, LEONOR
MAGTOLIS BRIONES and hereinafter referred to as “First
Party”;

3. To preserve the integrity of the MOA, a representation and warranties clause


should be added to the agreement, to wit:

Representation and Warranties

All the parties represent and warrant that they have full power
and authority to enter into this Memorandum of Agreement
pursuant to applicable laws.

1. To protect the interests of the parties, a termination clause should be added, to


wit:

Termination

Any time after the execution of this contract, this MOA may
be terminated at the instance of any of the parties hereto which
should be by reason of default of any other party of their
obligations without prejudice to any other rights or remedies
each party is entitled under this MOA and applicable laws.
Termination of this MOA shall be by service to the other parties
of a written notice of termination, which shall take effect thirty
(30) days after receipt of said written notice.

5. To preserve the integrity of the MOA, the provision on Amendments should


be revised to state that any amendment or modification should be made in
writing, to wit:
Amendments

Any amendment or modification to this Agreement or its


renewal or termination shall be made in writing and mutually
agreed upon by all parties. (emphasis supplied)

This Office does not guarantee the authenticity of the documents submitted in
photocopies and/or copies which appear regular on their faces.

ATTY. JOSEPHINE G. MARIBOJOC


Assistant Secretary
Officer-in-Charge, Office of the Undersecretary
Legal Affairs
LAS Reference No.
TEMPLATE FOR COMMENT ON APPEAL
(CIVIL SERVICE COMMISSION)

REPUBLIC OF THE PHILIPPINES


CIVIL SERVICE COMMISSION
QUEZON CITY

___________________________
Re: Preventive Suspension (Appeal)
(T-_______________)
x----------------------------------------x

COMMENT

The Department of Education (DepEd) received on _____________ the Order


dated ___________ issued by this Honorable Tribunal requiring the submission of a
Comment on the Appeal of ________________ to his Preventive Suspension.

In compliance therewith, DepEd, through the undersigned respectfully submits this


Comment.

STATEMENT OF THE CASE

State the nature of case.

STATEMENT OF THE FACTS

State the factual antecedents in chronological order.

ISSUES

1. Whether or not the Formal Charge was null and void; and
2. Whether or not there is a basis for the Order of Suspension.

DISCUSSION

The Formal Charge issued was valid and


with legal basis
Support the finding through the citation of proper legal bases and references.

Appellant was validly preventively


suspended

Support the finding through the citation of proper legal bases and references.

WHEREFORE, premises considered, it is respectfully prayed that the Appeal of


_______________ be dismissed for lack of merit and that the Order of Prevention
Suspension be sustained.

Pasig City this(DATE).

ATTY. JOSEPHINE G. MARIBOJOC


Assistant Secretary
Officer-in-Charge, Office of the Undersecretary
Legal Affairs
Department of Education

Copy furnished:

_____________ Law Offices


Counsel for Appellant-Respondent

____________________
Appellant-Respondent
_____________________
TEMPLATE FOR COMPLETE STAFF WORK

MEMORANDUM

DM-OULA-2018-_________

FOR : LEONOR MAGTOLIS BRIONES


Secretary

FROM ATTY. JOSEPHINE G. MARIBOJOC


: Assistant Secretary
Officer-in-Charge, Office of the Undersecretary
Legal Affairs

SUBJECT : Draft Resolution on the Appeal of AAA, Inc., relative to the complaint
against it for lack of a legitimate school site.

DATE : January xx, 20xx

Please find herein attached the Resolution on the Appeal of AAA, Inc. (AAA)
requesting the reversal of the Orders relative to the complaint against it for lack of a
legitimate school site, dated September xx, 20xx and November xx, 20xx.

The Order dated September xx, 20xx was issued by BBB (BBB), Regional Director,
DepEd-Region XX, which ordered the XX to cease and desist from operating Basic
Education Courses using the present location where its school premises stand.

The Order dated November xx, 20xx was issued by CCC (CCC), Schools Division
Superintendent, DepEd-Division of XX, DepEd-Region XX, which ordered the Division
Legal and Investigation Section to enforce the cease and desist order, implement the physical
closure of XXX, and coordinate with the Law Enforcement Agency/Local Government
Unit of Barangay San Bartolome, Quezon City for the effective implementation of the said
order.

After due consideration of all the pertinent evidence and facts of the case, this Office
finds the Appeal to be meritorious and recommends that the assailed Orders be SET
ASIDE. It is also recommended that AAA be ORDERED to: (a) acquire its own school
site within five (5) years from the date of filing of the application for permit to operate; and
(b) construct school buildings/facilities on said school site within ten (10) years from the
said filing of the application for permit to operate, in accordance with the conditions set
forth under DO No. 88, s. 2010, Sec. 30.7, as amended by DO No. 11, s. 2011.
Furthermore, it is recommended that DepEd-Region XX be ORDERED to strictly
evaluate the application of AAA for renewal of permits for SY 20xx-20xx and re-evaluate the
recognition granted to its Kindergarten Course, in accordance with the rules.

For your consideration.

ATTY. JOSEPHINE G. MARIBOJOC


Assistant Secretary
Officer-in-Charge, Office of the Undersecretary
Legal Affairs

LAS Reference Number


TEMPLATE FOR CONFIRMATION OF DECISION

DEPARTMENT OF EDUCATION
REGIONAL OFFICE NO. XX (MOTU
PROPRIO),
Complainant,
ADMIN. CASE NO.
___________________
-versus-
FOR:GRAVE MISCONDUCT AND
SERIOUS DISHONESTY
____________________
AAA, Position, Office
Respondent.
x----------------------------------------------------x

RESOLUTION

Before this Office is a letter dated _________________ by the Regional Director of


Department of Education (DepEd) Regional Office No. XX requesting confirmation of the
Decision dated ______________________ dismissing from the service respondent AAA,
Position, Office of DepEd, Region XX. The dispositive portion of the Decision reads as:

WHEREFORE, in view of the foregoing premises, decision is hereby


rendered against the respondent, ____________,Position, Office, finding
him/her guilty of the offenses of Grave Misconduct and Serious Dishonesty
and hereby imposes the penalty of DISMISSAL from the service and all
inherent accessory penalties provided under Section 64 of DO No. 49, series of
2006.

STATEMENT OF THE CASE

State the nature of case.

STATEMENT OF THE FACTS

State the factual antecedents in chronological order.

ISSUES

State the Issues of the Case


DISCUSSION

Support the finding through the citation of proper legal bases and references.

WHEREFORE, premises considered, the Decision dated November xx, 20xx of


the Regional Director, DepEd, Region XX, finding AAA, Position, Office, guilty of the
offenses of Grave Misconduct and Serious Dishonesty is hereby CONFIRMED. The
penalty of DISMISSAL from the service and all inherent accessory penalties provided under
Section 64 of DO No. 49, series of 2006 are hereby imposed.

Let a copy of this resolution be furnished the Regional Director of DepEd, Region
XX for information and immediate implementation.

Resolved this xxth day of XXX, 20xx at Pasig City, Metro Manila, Philippines

ATTY. JOSEPHINE G. MARIBOJOC


Assistant Secretary
Officer-in-Charge, Office of the Undersecretary
Legal Affairs

Approved:

LEONOR MAGTOLIS BRIONES


Secretary

Copy furnished:

Name of Regional Director


Office of the Regional Director
DepEd-Region XX
Address
LAS Reference No.

TEMPLATE FOR DECISIONS

MOTU PROPRIO COMPLAINT ADMIN CASE NO. OSEC-xxx


Department of Education

-versus- For: Grave Misconduct and Conduct


Prejudicial to the Best Interest of the
Service

AAA,
Position,Office,
Respondent.

x----------------------------------------------x

DECISION

STATEMENT OF THE CASE

State the nature of case.

STATEMENT OF THE FACTS

State the factual antecedents in chronological order.

ISSUES

State the Issues of the Case

DISCUSSION

Support the finding through the citation of proper legal bases and references.

WHEREFORE, premises considered, this Office finds the complaint against herein
respondent AAA to be lacking of merit, therefore, this case is hereby DISMISSED.
SO ORDERED.

XXXxx, 20xx, Pasig City.

Recommending Approval:

ATTY. JOSEPHINE G. MARIBOJOC


Assistant Secretary
Officer-in-Charge, Office of the Undersecretary
Legal Affairs

Approved:

LEONOR MAGTOLIS BRIONES


Secretary

Copy furnished:

ATTY. ZZZ
Position
Office Address

OOO
Regional Director
Office of the Regional Director, DepEd-Region XX
Office Address

LAS Reference No.


TEMPLATE FOR SPECIAL POWER OF ATTORNEY
(For STO)

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, ATTY.JOSEPHINE G. MARIBOJOC, Assistant Secretary, Officer-in-Charge,


Office of the Undersecretary for Legal Affairs, Department of Education (DepEd), with
office address at the DepEd Complex, Meralco Ave., Pasig City, Metro Manila, do hereby
APPOINT, NAME, and CONSTITUTE(Name), likewise of legal age, Filipino, and
presently the Schools Division Superintendent of the Schools Division of
_______________ with the office address ___________, to be my true and lawful
Attorney-in-Fact, for me and in my name, place and stead, to do and perform any and all of
the following acts and things, to wit:

1. To EXECUTE/SIGN the Confirmation of Deed of Donation pertaining to


a parcel of land located ___________________, denominated as Lot No. _______
consisting of ______________(___) square meters, which is a portion of a property
covered by Original Certificate of Title (OCT) No. ______. The said property id
currently occupied by _________ High School.

2. To SIGNany/and all documents relative to and/or necessary to carry out the


above purpose.

HEREBY GIVING AND GRANTING unto said Attorney-in-Fact full power and
authority to do and perform every fact and thing whatsoever requisite and necessary to be
done as fully to all intents and purposes as the DepEd might or could do, and hereby
ratifying and confirming all that said Attorney-in-Fact shall lawfully do or cause to be done
by virtue of these presents.
IN WITNESS WHEREOF, I hereunto set my hand this ____ day of
_______________________, 2018 at ______________________________.

ATTY. JOSEPHINE G. MARIBOJOC


Assistant Secretary
Officer-in-Charge, Office of the Undersecretary
Legal Affairs

Signed in the presence of:

_________________________________ ____________________________________
ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

__________________________________) S.S.

BEFORE ME, a Notary Public for and in _________________, personally came


and appeared the following:

Name Government ID Date/Place of Issue

ATTY. JOSEPHINE G. MARIBOJOC

and presented to me an integrally complete instrument, known to me personally together


with her instrumental witnesses and representing to me to be the same person who executed
the foregoing instrument, and acknowledged to me that she presented to me at least one
current identification document issued by an official agency bearing his name and signatures.

This instrument, consisting of two (2) pages, including the one on which this
acknowledgement is written, has been signed on the left margin of each and every page
thereof by ATTY. JOSEPHINE G. MARIBOJOC and his witnesses, and sealed with my
notarial seal.

WITNESS MY HAND AND SEAL this _____ day of ___________________,


2018.

Notary Public
Doc. No. ______
Page No. ______
Book No. ______
Series of 2018
 Pursuant to DepEd Order 57 s. 1995

TEMPLATE FOR SPECIAL POWER OF ATTORNEY


(For OSG)

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, ATTY.JOSEPHINE G. MARIBOJOC, Assistant Secretary, Officer-in-Charge,


Office of the Undersecretary for Legal Affairs, Department of Education (DepEd), with
office address at the DepEd Complex, Meralco Ave., Pasig City, Metro Manila, do hereby
APPOINT, NAME, and CONSTITUTE the OFFICE OF THE SOLICITOR
GENERAL (OSG) through (Name of Head of Office), Solicitor General, (Name of
Solicitor General), Assistant Solicitor General, (Name of Solicitor General), Associate
Solicitor, and/or any of its lawyers or representatives, with office address at 134 Amorsolo
Street, Legaspi Village, Makati City, (Name of DepEd Representative), (Designation),
(Office), (Name of Regional/Division Office Lawyer), (Attorney III/IV), Schools
Division Office of XXX, and (Name of School Representative), (Designation),
(School), to be the DepEd's true and lawful Attorneys-in-Fact, to do and perform the
following acts and things in connection with Civil Case No. xxxx, entitled,"xxxxxx",
pending before the (Court where case is pending), to wit:

1. To REPRESENT DepEd in mediation and judicial dispute resolution


proceedings to be called for the purpose.

2. To REPRESENT DepEd in negotiations with the plaintiff and/or his/her


authorized representative in coming up with an amicable settlement agreement which
will be ratified by the court, without prejudice to other actions the DepEd would
initiate relative to the subject property.

HEREBY GIVING AND GRANTING unto said Attorney-in-Fact full power and
authority to do and perform every fact and thing whatsoever requisite and necessary to be
done as fully to all intents and purposes as the DepEd might or could do, and hereby
ratifying and confirming all that said Attorney-in-Fact shall lawfully do or cause to be done
by virtue of these presents.

IN WITNESS WHEREOF, I hereunto set my hand this ____ day of


_______________________, 2018 at ______________________________.

ATTY. JOSEPHINE G. MARIBOJOC


Assistant Secretary
Officer-in-Charge, Office of the Undersecretary
Legal Affairs

Signed in the presence of:

________________________________ ____________________________________
ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

__________________________________) S.S.

BEFORE ME, a Notary Public for and in _________________, personally came


and appeared the following:

Name Government ID Date/Place of Issue

ATTY. JOSEPHINE G. MARIBOJOC

and presented to me an integrally complete instrument, known to me personally together


with her instrumental witnesses and representing to me to be the same person who executed
the foregoing instrument, and acknowledged to me that she presented to me at least one
current identification document issued by an official agency bearing his name and signature
and that the same is her own free act and voluntary deed in connection with Civil Case No.
xxxx, entitled "XXXX", pending before the xth____ Trial Court of _______, Address.

This instrument, consisting of two (2) pages, including the one on which this
acknowledgement is written, has been signed on the left margin of each and every page
thereof by ATTY. JOSEPHINE G. MARIBOJOC and his witnesses, and sealed with my
notarial seal.

WITNESS MY HAND AND SEAL this _____ day of ___________________,


2018.

Notary Public
Doc. No. ______
Page No. ______
Book No. ______
Series of 2018

TEMPLATE FOR PROCUREMENT REVIEW

MEMORANDUM

DM-LA-2018-________

To : MA. TERESA S. FULGAR


Chief Administrative Officer

Procurement Planning and Management Division

From ATTY. JOSEPHINE G. MARIBOJOC


: Assistant Secretary
Officer-in-Charge, Office of the Undersecretary
Legal Affairs

Re : Review of Contract No. xxxx before release of said Contract to Supplier

Project : Procurement of Infrastructure Materials for DepEd Central Office

Date : December xx, 20xx

This refers to your request for review, given to this Office on December xx, 20xx,
pertaining to the contract for the Procurement of Infrastructure Materials for DepEd Central Office,to
wit:

a. Contract No. xxxx, between the Department of Education and


BBBB),amounting to One Millionand 00/100 Philippine Pesos
(PhP1,000,000.00)

After a review of the aforesaid contract,this Office interposes no objection, the same
being in accordance with Resolution to Award No. xxxx, dated November xx, 20xx, duly
executed by the Bids and Awards Committee xx and approved by Secretary Leonor Magtolis
Briones, subject to the following comments and observations:
1. Paragraph x should be clarified as to the contract duration and should be
revised as follows:

3. The goods and services referred to in this Agreement shall be


delivered to the Project Site/s for One (1) year or Three hundred sixty-
five (365) calendar days from the first day of full operation, which
shall be reckoned from the date of receipt of the Notice to Proceed
(NTP) by the Supplier or the date provided for such purpose indicated
in the NTP. (emphasis supplied)

2. Paragraph x should be in accordance with the provisions on payment


provided in the Contract Agreement Form and the Special Conditions of
Contract. Paragraph x should be revised as follows:

x. Payments shall be subject to the “Warranty” provision in the


form of either retention money in an amount equivalent to 1% of
every progress payment, or a special bank guarantee in the amount
equal to 1% of the Contract Price required in Section 62 of RA 9184
and its IRR.

3. The spelling for the name of the Purchaser’s Witness, “DDD”,


Designation, Office Name, should be corrected.

This Office neither guarantees the authenticity of the documents submitted in


photocopies and/or copies which appear regular on their faces, nor assumes responsibility if
indeed found that laws and regulations on procurement had not been followed in the
process and in the awarding of the contracts.

ATTY. JOSEPHINE G. MARIBOJOC


Assistant Secretary
Officer-in-Charge, Office of the Undersecretary
Legal Affairs

You might also like