MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Memorandum of Agreement (MoA), made and entered into by and between:
The Provincial Government of Aklan, a local government unit established and existing
under the laws and regulations of the Republic of the Philippines, with office address at
Provincial Capitol Bldg., Kalibo, Aklan, represented herein by HON. JOSE ENRIQUE M.
MIRAFLORES, Provincial Governor, and hereinafter referred to as the “PGA”;
-AND-
The Municipality of Lezo, a local government unit established and existing under the laws
and regulations of the Republic of the Philippines, with office address at Poblacion, Lezo, Aklan,
represented herein by Mayor, HON. MARY LENETTE R. FERNANDEZ, hereinafter
referred to as “LGU Lezo”;
WITNESSETH THAT:
WHEREAS, Section 19, Chapter V of the Republic Act No. 11223, otherwise known
as the Universal Health Care (UHC) Act, states that “The DOH, Department of the Interior
and Local Government (DILG), PhilHealth, and LGUs shall endeavor to integrate health systems
into province- wide health systems”;
WHEREAS, Rule III Section 14 of the National Privacy Commission Circular 16-01
on Security of Personal Data in Government Agencies states that only programs
developed or licensed by a government agency shall be allowed to access and modify databases
containing the personal data under the control or custody of that agency;
WHEREAS, the Province of Aklan through the Provincial Health Office, in providing technical
assistance to all municipalities to ensure registration of every Aklanon to their respective
Konsulta accredited facilities, was granted access by the Philippine Health Insurance
Corporation Regional Office VI to an updated list of PhilHealth registered members in all
municipalities in Aklan, with their Personal Identification Numbers (PIN);
WHEREAS, under Chapter V, Section 20 (a) of Republic Act 10173 or Data Privacy
Act of 2012 on Security of Personal Information, it is expressed that the personal
information controller must implement reasonable and appropriate organizational, physical and
technical measures intended for the protection of personal information against any accidental or
unlawful disclosure, as well as against any other unlawful processing;
WHEREAS, Rule III Section 23 of the NPC Circular 16-01 on Security of Personal
Data in Government Agencies likewise states that access by other parties to personal data
under the control or custody of a government agency shall be governed by data sharing
agreements undertaken for the purpose intended;
NOW, THEREFORE, for and in consideration of the foregoing premises and for purposes of
complying with the provisions of the Data Privacy Act of 2012, the parties hereby agree and bind
themselves as follows:
1. DEFINITION OF TERMS. As used herein, the following terms shall have the
respective meanings hereafter set forth:
a) “Data sharing” shall mean the disclosure or transfer to a third party of personal
information under the custody of a personal information controller or personal
information processor. In the case of the latter, such disclosure or transfer must have
been upon the instructions of the personal information controller concerned. The
term excludes outsourcing, or the disclosure or transfer of personal data by a
personal information controller to a personal information processor.
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b) “Data Subject/s” shall mean an individual/s whose personal information is
processed.
c) “Personal information” shall mean any information whether recorded in a
material form or not, from which the identity of an individual is apparent or can be
reasonably and directly ascertained by the entity holding the information, or when
put together with other information would directly and certainly identify an
individual.
d) “Personal information processor” refers to any natural or juridical person
qualified to act as such under this Act to whom a personal information controller
may outsource the processing of personal data pertaining to a data subject.
e) “Processing” refers to any operation or any set of operations performed upon
personal information including, but not limited to, the collection, recording,
organization, storage, updating or modification, retrieval, consultation, use,
consolidation, blocking, erasure or destruction of data.
2. Data Restrictions. The data contained in the List of PhilHealth Registered Members
with Personal Identification Number (PIN) in the Province of Aklan shall not be
reproduced or used by the Municipality for any other purpose except for ensuring the
registration of every Aklanon to their respective Konsulta accredited facilities, pursuant
to the Universal Health Care Act.
Any unauthorized reproduction or use of data deployed in the List shall subject the
accountable officer/s to applicable civil and criminal liability.
The collection of data by the PGA is limited to the sharing of portions of data to LGU
Lezo only, hence, LGU Lezo shall hold the PGA free and harmless of any suit arising
from all kinds of breach pertaining to the data shared or delivered by the PGA.
3. SAFEGUARDS FOR DATA PRIVACY AND SECURITY. LGU Lezo shall take
steps to ensure that any person acting under its authority and who has access to personal
data does not process them except only insofar as to give effect to this Memorandum of
Agreement or as required by law.
The PARTIES shall ensure that the said measures will enable them to comply with the
guidelines for organizational security measures, physical security measures, and
technical security measures, as provided in the Data Privacy Act of 2012, and its
Implementing Rules and Regulations.
4. REPORTING IN CASE OF BREACH. LGU Lezo shall aim to maintain the
confidentiality of personal data delivered and take continuing measures to protect it
against any accidental or unlawful destruction, alteration, and disclosure, as well as
against any other unlawful processing and contamination.
In case of unauthorized access or breach, the same shall be reported to the PGA.
5. AMENDMENT, MODIFICATION, ADOPTION OR DELETION. Any amendment,
modification, adoption or deletion of any provision in this Agreement shall be agreed
upon by all parties in writing.
6. SETTLEMENT DISPUTES. The parties shall exert effort to settle amicably any
dispute arising out/or in connection with the agreement or its interpretation.
7. REPEALING CLAUSE. All existing agreements, verbal or in writing inconsistent with
the above provisions are hereby repealed.
IN WITNESS WHEREOF, of the parties have been hereto set their hands on this ______
day of September, 2023
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For PGA For LGU Lezo
JOSE ENRIQUE M. MIRAFLORES MARY LENETTE R. FERNANDEZ
Provincial Governor Municipal Mayor
Signed in the presence of:
LESLIE ANN L. SEDILLO, MD, MPP JOHN WIBELLE B. INGLES, MD
Provincial Health Officer II Municipal Health Officer - OIC
ACKNOWLEDGMENT
Republic of the Philippines }
Province of Aklan } S.S.
Municipality of Kalibo }
BEFORE ME, a Notary Public for and in the above jurisdiction, personally appeared
the following:
NAME ID NUMBER
JOSE ENRIQUE M. MIRAFLORES
MARY LENETTE R. FERNANDEZ
Known to me to be the same persons who executed the foregoing instrument and
acknowledgment to me that the same is their own free will and voluntary act and deed;
This instrument consists of six (3) pages including this page wherein this
Acknowledgement is written and is signed by the parties and their instrumental witnesses on
each and every page thereof.
WITNESS MY HAND AND SEAL, this _______ day of __________ 2023 at
___________, Philippines.
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2023.
