MSEUF

RATIONALE:

The Manuel S. Enverga University Foundation (MSEUF for brevity), facilitates the requests for, acceptance of, and utilization of all donations and sponsorships for the benefit of the MSEUF.

These guidelines in the facilitation and management of donations and sponsorships are necessary in order to align with relevant practices, laws, rules and regulations of MSEUF affecting donations and sponsorships.

GENERAL OBJECTIVE:

The policy aims to enhance the systems and mechanism involved in the facilitation and management of all donations and sponsorships accepted by the MSEUF.

SPECIFIC OBJECTIVES:

Update and align the school’s guidelines on donations and sponsorships with current relevant laws and issuances;
Establish an efficient and effective monitoring and evaluation system for all donations and sponsorships;
Create a Special Committee on donations and sponsorships (Committee for brevity);
Identify and update the roles and responsibilities of different departments involved in the facilitation of donations and sponsorships; and
These guidelines shall provide the Committee with underlying principles and procedures in accepting donations and sponsorships.

DEFINITION OF TERMS:

Affidavit/Deed of Undertaking – refers to a written declaration made under oath before a notary public or other authorized person, consisting of a statement of facts made by the party concerned on its responsibilities on the utilization as well as the morning and reporting of any adverse effect related to the donations and/or sponsorships. It shall also include a statement that the donations or sponsorships are not intended for sale or commercial use.
Donation – is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. It shall include all subsidies, grants, gifts, and bequests, monetary or in kind, received by the MSEUF.
Subsidy – a form of financial or in-kind support in the attainment or the gols and objectives of the MSEUF.
Grant – a sum of money given by a government or other organizations for a particular purpose.
Gift – refers to a training or a right disposed of gratuitously, or any act of liberality, in favor of the MSEUF.
Bequests – a property given by will to MSEUF.
Sponsorship - may be in the form of cash offering, property, services, or any other benefit given with the expectation of recognition or affiliation with MSEUF.

UNDERLYING PRINCIPLES:

The Committee shall only accept donations and sponsorships from legal, legitimate, and reputable sources.
The donations and sponsorships shall be for intended purposes in consonance with the objectives and functions of the MSEUF and shall not be subject to virement
The donations and sponsorships shall not be from individuals or companies which have existing tenders with the MSEUF.
No officers or administrative and technical staff and employees of the MSEUF shall gain any personal benefit connected with the donations and sponsorships.
The benefits between the donors/sponsors and the MSEUF shall be executed in a written agreement and signed by both parties. The President shall sign on behalf of the MSEUF.
All cash and assets received by the MSEUF shall be recorded in the Committee’s account and inventory respectively and shall be audited by the Internal Auditor of the MSEUF.
The Committee shall ensure that the donations and sponsorships are free from tax liens, mortgage, encumbrances, and other obligations.
The MSEUF shall cease the existing relations with donors/sponsors who do not share or adhere to the basic values and principles of MSEUF.

PROCEDURES:

The individuals, companies, organizations, or countries may offer donations and sponsorships to MSEUF
The MSEUF, through the Committee, shall then make the necessary inquiries on the integrity and reputation of the donors and sponsors
Before acceptance or consideration taken, the Committee shall obtain prior approval of the MSEUF President
When approval is obtained or otherwise, the Committee shall inform the donors/sponsors in writing
Upon approval, the Committee and the qualified donors or sponsors shall enter into an agreement. The agreement shall contain the proposed use of the donation and the conditions placed on its use, and a statement authorizing the MSEUF to use the gifts, bequests, subsidies, grants, donations, and sponsorships.
The written agreement shall be disseminated to all departments of the MSEUF and to be reported to the Board of Trustees of MSEUF.

EXISTING LAWS AFFECTINF DONATIONS AND SPONSORSHIPS:

1. When is donation and sponsorship perfected?

Donation and sponsorship are perfected from the moment the donor knows of the acceptance by the donee. (Art.734, NCC)

2. What are the requisites of donation and sponsorship?

a) Donor must have capacity to make donation and sponsorship;

b) They must have donative intent (animus donandi);

c) There must be delivery;

d) Donee must accept or consent to the donation and sponsorship during the lifetime of the donor and of the done in case of donation inter vivos

(Art.746, NCC); whereas in case of donation mortis causa, acceptance is made after donor’s death because they partake of a will (Art.728, NCC).

3. Up to what extent may a donation cover?

It may comprehend all the present property of the donor, or part thereof, provided he reserves, in full ownership or in usufruct, sufficient means for the support of himself, and of all relatives who, at the time of the acceptance of the donation, are by law entitled to be supported by the donor.

4. Can future properties be subject of donation?

No, donations cannot comprehend future properties.

Note: Future property means anything which the donor cannot dispose of at the time of donation. (Art.750, NN).

5. What are the formalities required for donation of real and personal properties?

a) Of movable property:

1. With simultaneous delivery of property donated:

i) for Php5,000 or less – may be oral/written;

ii) for more than Php5,000 – written in public or private document.

2. Without simultaneous delivery: The donation and acceptance must be written in a public or private instrument, regardless of value; otherwise, the donation is unenforceable.

b) Of immovable property:

1. Must be in a public instrument specifying:

i) the property donated and

ii) the burdens assumed by the done.

2. Acceptance may be made:

i) in the same instrument; or

ii) in another public instrument, notified to the donor in authentic form, and noted in both deeds; otherwise, donation is void.

6. What is the status of an inofficious donation?

During the lifetime of the donor, the inofficous donation is effective since the excessiveness of the donation can only be determined after the donor’s death.

Note: Consequently, the donee is entitled to the fruits of the property donated during the lifetime of the donor (Art. 71, NCC).

7. What are the grounds for revocation of donation?

1. Under Art. 760, NCC:

a. Birth of donor’s child or children (legitimate, legitimated, or illegitimate) after the donation, even though born after his death;

b. Appearance of a donor’s child who is missing and thought to be dead by the donor;

c. Subsequent adoption by the donor of a minor child.

2. Under Art. 764, NCC. When the done fails to comply with any of the conditions which the donor imposed upon the donee.

3. Under Art. 765, NCC – By reason of ingratitude;

a. If the donee should commit some offense against the person, the honor or the property of the donor, or of his wife or children under his parental authority;

If the donee imputes to the donor any criminal offense, or any act involving moral turpitude, even though he should prove it, unless the crime or act has been committed against the done himself,

Sustainability Policy on Donations and Funding