Publishing the Full Text of the Memorandum of Agreement (MOA) Between BIR and NLP

August 24, 2023 REVENUE MEMORANDUM CIRCULAR NO. 89-2023 SUBJECT : Publishing the Full Text of the Memorandum of Agreement (MOA) Between the Bureau of Internal Revenue (BIR) and the National Library of the Philippines (NLP) TO : All Revenue Officials, Employees and Others Concerned For the information and guidance of all concerned, attached is the full text of the Memorandum of Agreement between the BIR and the National Library of the Philippines, that will implement the use of the Koha Integrated Library System in the BIR Library. HTcADC All revenue officers, employees and others concerned are hereby enjoined to give this Circular the widest dissemination and publicity possible. (SGD.) ROMEO D. LUMAGUI, JR. Commissioner of Internal Revenue ATTACHMENT Memorandum of Agreement KNOW ALL BY THESE PRESENTS: This Memorandum of Agreement (MOA) is made and entered into by and between: The BUREAU OF INTERNAL REVENUE (BIR) , an agency attached to the Department of Finance, duly represented herein by its Commissioner, Atty. ROMEO D. LUMAGUI, JR. , with principal office at BIR National Office Building, Agham Road, Diliman, Quezon City, and hereinafter, referred to as "BIR"; and The NATIONAL LIBRARY OF THE PHILIPPINES (NLP) , an agency attached to the National Commission for Culture and the Arts (NCCA), duly represented herein by its Director, CESAR GILBERT Q. ADRIANO , with principal office at T.M. Kalaw St., Ermita, Manila, Philippines, and hereinafter referred to as " NLP ," WITNESSETH: WHEREAS , NLP shall be the primary library in the country, with an extensive collection of library resources available in different forms and media, providing excellent customer service experience through automated library facilities and online services, driving the intellectual, social, and cultural progress of the Filipino society; CAIHTE WHEREAS , BIR is tasked to assess and collect all national internal revenue taxes, fees and charges, and the enforcement of all forfeitures, penalties and fines connected therewith; WHEREAS , BIR is currently undertaking its digital transformation through implementation of various programs, one of them is the modernization of its Library where it coordinated with NLP to assist the Bureau in installing Linux and Koha ILS on one of the BIR's desktop computers free of charge. WHEREAS , NLP , in its desire to assist the BIR in carrying out the modernization of its Library, offers without cost to BIR the following: (1) installation of Linux and Koha Integrated Library System (ILS) on one of the BIR's desktop computers; and, (2) orientation and tutorials on BIR personnel on how the system works, which offer the BIR gratefully accepted. NOW THEREFORE , for and in consideration of the foregoing premises, the parties hereto hereby agree that: SECTION 1. OBJECTIVE The objective of this Agreement is to set forth the general terms and conditions of the offer of NLP, without cost, to assist BIR to install Linux and Koha ILS on one of the BIR's desktop computers as well as to provide orientation and tutorials to BIR personnel on how the systems works. SECTION 2. DUTIES/RESPONSIBILITIES 2.1. NLP shall, without cost, assist BIR to: 3.1.1 Install Linux and Koha ILS on one of the BIR's identified desktop computers; 3.1.2 Conduct orientation and tutorials to selected BIR personnel on how the Koha ILS works. 2.2 BIR shall: 3.2.1 Make available to NLP all information and other requirements necessary for the successful installation of the Linux and Koha ILS on one of the BIR's desktop computers; 3.2.2 Download the system's patches from the Koha ILS's official website and installed it to the BIR computer with the assistance of the BIR Information Systems Group; 3.2.3 Identify the desktop computer where the Linux and Koha ILS shall be installed; 3.2.4 Identify selected BIR personnel who will attend the orientation and tutorials to be conducted by NLP, and provide the venue and other necessary resources for their successful holding, subject to the usual auditing and accounting rules and procedures. SECTION 4. CONFIDENTIALITY 4.1 To the full extent allowed by law, the Parties agree that any information of any kind related to the installation of Linux and Koha ILS on one of the BIR's desktop computers as well as the data collected in the course of performing the obligations under this MOA shall be kept strictly confidential and shall not be sold, traded, published, or otherwise disclosed to any person in any manner whatsoever, including by means of photocopy or reproduction, without the other Parties' prior written consent. aScITE In this regard, the Parties shall ensure that the data they receive in connection with this MOA shall be handled in accordance with the provisions of RA 8792 (e-Commerce Law of 2000), RA 10173 (Data Privacy Act of 2012), Section 270 (Unlawful Divulgence of Information) of the NIRC of 1997, as amended, and their respective implementing rules and regulations. SECTION 5. INTELLECTUAL PROPERTY 5.1 Each Party acknowledges that it will retain its exclusive rights to copyrights, trademarks, or any other intellectual property, and conversely no Party shall acquire the intellectual property rights belonging to the other Party by reason alone of this MOA. Neither Party shall use, copy, or in any manner commercially exploit the intellectual/proprietary property rights of the other Party for purposes other than the implementation of this MOA without prior written consent of the other Party. SECTION 6. NON-LIABILITY 6.1 The Parties shall be held free from liability arising from the exercise of their rights and obligations under this MOA except when such liability is attributable to the gross negligence or willful misconduct of any party or any of its officers/representatives or employees. SECTION 7. EFFECTIVITY 7.1 The Agreement shall take effect immediately upon signing thereof by all the Parties and shall continue to be in effect until completion of the activities provided herein, i.e. , installation of Linux and Koha ILS on one of the BIR's identified desktop computers and the conduct of orientation and tutorials to selected BIR personnel on how the Koha ILS works, unless otherwise revoked/terminated in the manner as provided in this Agreement. 7.2 This agreement may be terminated for any cause by any of the parties by giving a thirty (30) days written notice to the concerned party prior to the intended date of termination. In this case, the termination shall be effective only upon the concurrence of all parties who shall endeavor to settle the matter extra judicially during the period as much as practicable. IN WITNESS WHEREOF , the parties have hereunto set their hands this 8th day of August, 2023 in Quezon City, Philippines. BUREAU OF INTERNAL REVENUE By: (SGD.) ROMEO D. LUMAGUI, JR. Commissioner of Internal Revenue NATIONAL LIBRARY OF THE PHILS. By: (SGD.) CESAR GILBERT Q. ADRIANO Director SIGNED IN THE PRESENCE OF: (SGD.) DCIR Teresita M. Angeles Resource Management Group (SGD.) Asst. Director Edgardo B. Quiros National Library of the Philippines (SGD.) DCIR Ma. Rosario Charo G. Enriquez-Curiba Information Systems Group (SGD.) Chief Leonardo P. Bernabe, Jr. Information Technology Division (SGD.) DCIR Marissa O. Cabreros Legal Group (SGD.) DCIR Maridur V. Rosario Operations Group ACKNOWLEDGEMENT REPUBLIC OF THE PHILIPPINES) Quezon City ) S.S. BEFORE ME, a Notary Public in and for Quezon City, Philippines, this 8th day of August, 2023 personally appeared: DETACa Name Competent Evidence of Identity Date/Place of Issue ROMEO D. LUMAGUI, JR. CESAR GILBERT Q. ADRIANO known to me to be the same persons who executed the foregoing Memorandum of Agreement consisting of four (4) pages, including this page but excluding annexes, and they acknowledged to me that the same are their own free and voluntary act and deed and that of the institution they represent in this instance. WITNESS MY HAND AND SEAL, this 8th day of August, 2023 in _________________________. (SGD.) ATTY. MARKNEIL S. COLLADO NOTARY PUBLIC FOR AND IN QUEZON CITY Appellate Division, Legal Service, BIR National Office Building Room 807, Diliman, Quezon City ADM. MATTER No. NP-084 (2022-2023) Roll of Attorney No. 60141 IBP No. 012320 (Lifetime Member); Leyte PTR No. 4298900; 2/27/23; Quezon City My Commission Expires on December 31, 2023 Doc. No. 436 ; Page No. 89 ; Book No. 13 ; Series of 2023