Jose Rizal University (Memorandum of Agreement)

MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Memorandum of Agreement (“MOA”) is entered into by and between

the following parties:
TOP RANK REVIEW ACADEMY, INC., a domestic corporation duly

organized and existing under and by virtue of the laws of the
Philippines, with principal office at 5th Floor Don Lorenzo Building,
889 P. Paredes Street, Sampaloc, Manila, duly represented by its
Corporate Director, MR. ROLAND D. VILLEGAS, and hereinafter
referred to as the First Party;
- and -
The JOSE RIZAL UNIVERSITY with principle address at 80 Shaw

Boulevard, Mandaluyong City. Represented by DR. VICENTE K.
FABELLA, herein referred to as Second Party.
WITNESSETH, thus:
WHEREAS, the First Party has been considered as one of the accredited
review centers of the Second Party as approved by DR. VICENTE K.
FABELLA, President, Jose Rizal University
WHEREAS, the First Party offered to provide an Enhancement Review

Program to the Second Party’s students, through the latter’s Office of the Dean, in
preparation for the upcoming Licensure Examinations for Teachers and for the year
2020, and the said students voluntarily accepted and agreed thereto, free from any
coercion or undue influence from the Second Party or any of its instrumentalities;
NOW, THEREFORE, in view of the foregoing premises, and based on trust and
goodwill, the First Party and the Second Party agree to the implementation of the
Enhancement Review Program and stipulate on the following:
SECTION 1
OBJECTIVES OF THE ENHANCEMENT REVIEW PROGRAM
a. To supplement the formal curriculum of the education programs of the

Second Party with special inputs from industry experts and practitioners to
make the said Education program aligned and consistent with industry
standards;
b. To enhance and develop the different skills and knowledge of the

Second Party’s students relevant to the job market in the areas
of education ; and
c. To help the Second Party’s students pass and top the 202 Licensure
Examinations for Teachers.
SECTION 2
THE ENHANCEMENT REVIEW PROGRAM PARTNERSHIP
a. The Enhancement Review Program is an academic affiliation program

aimed at enhancing and developing the different skills and knowledge of the
Second Party’s students of education It shall be considered as a polishing
touch to, and extend and supplement, the formal curriculum of the education
programs with special inputs from industry experts and practitioners to make
education programs aligned and consistent with industry standards.
b. The First Party shall provide the EHANCEMENT PROGRAM for a

fee of seven thousand five hundred pesos only (PHP 7,500.00) per BEED
student and eight thousand pesos (PHP 8,000.00) per BSED student for the
conduct of the actual review except for the actual cost of photocopying/ or
production of the learning materials including hand-out, modules, and
testing materials.
c. The aforesaid amounts shall be paid by the enrollees through the

Second Party’s cashier only. Authorized representatives of the First Party
shall receive payments from the Second Party based on the above schedule
of fees on two (2) installment bases between October and March
2019-2020 .
d. The duration of the Enhancement Review Program for the first

semester and second semester of academic year 2019-2020 shall be from 03
June to 25 March 2019.
e. The Enhancement Review Program shall be conducted in a facility to

be provided by the Second Party to facilitate monitoring of the enrollees’
performance by the latter.
SECTION 3
OBLIGATIONS OF THE FIRST PARTY
a. The First Party shall provide qualified, top-caliber instructors with

proven track records in the review industry and experts in their respective
fields for the Enhancement Review Program. The Second Party has the
privilege to request a specific lecturer for a certain concept, and First Party
shall do its best to make the said lecturer available therefor. However, such
request should be submitted by the Second Party with the Program and
Planning Department of the First Party at least thirty (30) days prior to the
targeted starting date of the review classes.
Page 2 of 6
b. The First Party shall provide a copy of handouts and test materials to
be distributed to each enrollee, as well as attendance and evaluation sheets.
c. The First Party shall provide inputs to the curriculum through

discussions, meetings or workshops that the Second Party will organize, as
well as on-the-job training opportunities and work opportunities for the
Second Party’s students.
d. The First Party shall rate the performance of each enrollee and of the
class as a whole, and submit the same to the Second Party, together with the
former’s recommendations and or remedial actions taken. Such report shall
contain the ranking and the identified strengths and weaknesses of the
enrollees. The said report shall be timely submitted based on the approved
calendar of activities of the Second Party.
e. Results and performance analysis of each examination, including

short quizzes, shall be submitted by the First Party to the Second
Party within five (5) days after a specific examination.
SECTION 4
OBLIGATIONS OF THE SECOND PARTY
a. The Second Party shall make the enrollees available during the
scheduled Enhancement Review Program classes. However, if, for whatever
reason, the enrollees could not make themselves available, the Second Party
shall inform the First Party of the same in a manner customary and
convenient by accomplishing and submitting to the latter a request for
cancellation and rescheduling of class at least one (1) week prior to the
schedule of the specific class intended to be cancelled to facilitate proper
adjustments.
b. The Second Party shall provide the venue for the Enhancement
Review Program, including electricity and water utilities, LCD projectors,
whiteboards, and the like, for the whole duration of the said Program.
SECTION 5
PROVISIONS COMMON TO BOTH PARTIES
a. Both parties shall exert all efforts necessary to achieve the objectives of
this MOA. For this purpose, either party shall execute and deliver such
instruments and documents as may be reasonably requested by the other
party to carry out the intent and to accomplish the purpose of this MOA and
the provisions hereof.
b. A violation of any of the provisions of this MOA by any party shall give
the innocent party the right to avail any of the following mutually
exclusive remedies:
Page 3 of 6
i. Ask for specific performance plus damages;
ii. Rescission/Cancellation of the MOA plus damages; or
iii. Damages only.
Such right and remedies shall be governed by the applicable civil law
provisions of the Republic of the Philippines, and this is understood to be without
prejudice to the filing of any criminal case, if available.
c. That neither of the parties shall be liable in any way for failure
to observe or perform any of the provisions of this MOA, if such failure was
caused by any law, rule or regulation of any constituted public authority or
shall be due to any force majeure or cause beyond the control of the party in
default.
SECTION 6
EFFECTIVITY AND DURATION
a. This MOA shall be in effect from 21 April to 30 September 2019 and

shall be renewable every other year. However, both parties reserve their
respective rights to withdraw their participation in this MOA upon written
notice by either party to the other at least thirty days (30) prior to the
intended date of withdrawal;
b. Valid grounds for pre-termination of this MOA shall include:
i. Non-performance of either or both parties of their respective

obligations under this MOA;
ii. Deviation of the Second Party’s rating from the national passing rate
for the licensure examinations subject of this MOA;
iii. Mutual termination by both parties;
iv. Rescission by any of the parties, provided mutual restitution has been
made by and to both parties;
v. A court of competent jurisdiction orders that this MOA shall be

deemed terminated; or
vi. Such other events as will extinguish a contract under Philippine laws.
SECTION 7
MISCELLANEOUS PROVISIONS
a. This MOA shall be governed by and construed in accordance with the

laws of the Republic of the Philippines;
Page 4 of 6
b. In case any one or more of the provisions contained herein shall, for any
reason, be deemed invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect the other provisions
of this MOA not held as such. In such a case, the parties shall consult each
other as to the manner by which their original intention can be fulfilled as
closely as possible, to be followed by the amendment of this
MOA accordingly.
IN WITNESS WHEREOF, the parties hereof have signed this MOA this
day of 20 in .
By:
TOP RANK REVIEW ACADEMY, INC. JOSE RIZAL UNIVERSITY

First Party Second Party
ROLAND D. VILLEGAS DR. VICENTE K. FABELLA

Corporate Director University President
Signed in the Presence of:
JOBELLE C. RESUELLO DR. MIGUEL M. CARPIO

Program Consultant VP For Academic Affairs
Top Rank Review Academy, Inc. Jose Rizal University
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in

, personally appeared
(1) ROLAND D. VILLEGAS, with issued on
at , and
(2) DR. VICENTE K. FABELLA, with issued on

at ,
known to me to be the same persons who executed the foregoing instrument

which they acknowledged to me as their free and voluntary act and deed,
consisting of only ( ) pages, including this page in which this
Acknowledgement is written, duly signed by them and their instrumental
witnesses on each and every page hereof.
WITNESS MY HAND AND SEAL this in .

Page 5 of 6
Doc. No. ;
Page No. ;
Book No. ;
Series of .
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MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement (“MOA”) is entered into by and between

TOP RANK REVIEW ACADEMY, INC., a domestic corporation duly

The JOSE RIZAL UNIVERSITY with principle address at 80 Shaw

WHEREAS, the First Party offered to provide an Enhancement Review

a. To supplement the formal curriculum of the education programs of the

b. To enhance and develop the different skills and knowledge of the

THE ENHANCEMENT REVIEW PROGRAM PARTNERSHIP

a. The Enhancement Review Program is an academic affiliation program

b. The First Party shall provide the EHANCEMENT PROGRAM for a

c. The aforesaid amounts shall be paid by the enrollees through the

d. The duration of the Enhancement Review Program for the first

e. The Enhancement Review Program shall be conducted in a facility to

a. The First Party shall provide qualified, top-caliber instructors with

c. The First Party shall provide inputs to the curriculum through

e. Results and performance analysis of each examination, including

ii. Rescission/Cancellation of the MOA plus damages; or

iii. Damages only.

a. This MOA shall be in effect from 21 April to 30 September 2019 and

b. Valid grounds for pre-termination of this MOA shall include:

i. Non-performance of either or both parties of their respective

iii. Mutual termination by both parties;

v. A court of competent jurisdiction orders that this MOA shall be

a. This MOA shall be governed by and construed in accordance with the

TOP RANK REVIEW ACADEMY, INC. JOSE RIZAL UNIVERSITY

ROLAND D. VILLEGAS DR. VICENTE K. FABELLA

Signed in the Presence of:

JOBELLE C. RESUELLO DR. MIGUEL M. CARPIO

BEFORE ME, a Notary Public for and in

(2) DR. VICENTE K. FABELLA, with issued on

known to me to be the same persons who executed the foregoing instrument

WITNESS MY HAND AND SEAL this in .

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