MEMORANDUM OF AGREEMENT

KNOW ALL BY MEN BY THESE PRESENTS:

This Memorandum of Agreement is made and entered into by and between:

The (NAME OF COMPANY), an organization existing under and by virtue of the

laws of the Republic of the Philippines, with office address at (ADDRESS) represented
herein by (FIRST PARTY REPRESENTATIVE), (POSITION), who is duly authorized to
represent the organization in its transaction, hereinafter referred to as the FIRST
PARTY.

-and-
The CEBU TECHNOLOGICAL UNIVERSITY (CTU), an educational institution
duly organized and existing under the laws of the Philippines with principal office
address at R. Palma Street. Cebu City herein represented by JOSEPH C. PEPITO,
PH.D., UNIVERSITY PRESIDENT, hereinafter referred to as the SECOND PARTY.

WITNESSETH: That-
WHEREAS, the Parties in this agreement intend to establish an Internship
Program that will enable students to acquire valuable skills and gain practical
experience after they have graduated. The primary objective of this agreement is to
provide a platform for students to prepare themselves for the workforce and increase
their employability.
WHEREAS, the Parties desire to set forth the respective rights and obligations of
the Parties with respect to this Agreement;
WHEREAS, the FIRST PARTY is engaged in business/trade that makes it
suitable as a training partner and agrees to accept students of the SECOND PARTY as
trainees in its various facilities in support of the on-the-job training/practicum training
program /industry immersion of the SECOND PARTY;
WHEREAS, the SECOND PARTY is an institution that is in need of a partner in
training its students, with the object of forging Industry-Academe Linkage to
complement existing curricula to match industry demand, agrees to endorse the
students and provide participants in the said program to be trained in the FIRST
PARTY.
NOW, THEREFORE for and in consideration of the following premises, the
FIRST PARTY and the SECOND PARTY do hereby agree and stipulate the following:

A. The FIRST PARTY shall:

1. (a) Formulate and provide a training plan that includes the contents of the training
proper, the schedule and the activities for each phase for the student-trainees in
cooperation with CTU; and (b) executes the training plan in accordance with the agreed
training period.
2. Assign personnel who will serve as immediate supervisor to the student-trainees. The
student-trainees will be assigned practical and related works along their area of
specialization.
3. Provide General Orientation Program (GOP) to the student-trainees with their
Intern/On-the-Job Coordinator about the FIRST PARTY Background and Profile,
Organization Structure, Rules and Regulations, Code of Discipline and Conduct, Safety
Training, Co-Intern Welfare, 5S Orientation, On-the-Job Training Terms and Conditions
and other topics needed by the student-trainee to comply with the FIRST PARTY
standards.
4. Issue an acceptance letter to the student-trainees (as required by the SECOND
PARTY).
5. Conduct section trainings and involve the student-trainees in activities and tasks to
develop their knowledge, skills, attitude and creative abilities to become professionals in
their field of endeavors.

6. Issue Certificates of Completion to student-trainees who successfully finish their

training under this program;

B. The SECOND PARTY shall:

1. Recommend qualified and competent student-trainees who will undergo the exposure
program taking into consideration the requirements of the FIRST PARTY in terms of
qualification and number of students;
2. Agree to send a list of its student-trainees to the FIRST PARTY with Acceptance
Letter (coming from SECOND PARTY), and Parent’s/Guardian’s Consent for the
student to participate in the On-the-Job Training/ Practicum Training Program/ Industry
Immersion.
3. Designate an On-the-Job Training/Practicum Training Program/ Industry Immersion
Chairman/Coordinator who will be assigned with the following responsibilities:

3.1. Initial orientation of the student about the rules, proper attitude, and behavior
inside the job-site particularly towards his/her work, co-interns, and the employees
of the FIRST PARTY;
3.2. Formulation of supervised training plan in cooperation with the FIRST PARTY;
3.3. Monitor attendance of activities and performance of the students during the
exposure program;

4. Provide appropriate insurance coverage to include accidental injuries to student-

trainees during the internship period;
5. Agree to the obligations of confidentiality set out in details as follows:
5.1. All technical or commercial information, e.g. concerning the business of the
FIRST PARTY disclosed or to be disclosed to the SECOND PARTY by or in
behalf of the FIRST PARTY in connection with this agreement will be received
and held in confidence by the SECOND PARTY unless and until the FIRST
PARTY gives written approval for release of confidentiality.

5.2. The SECOND PARTY will take all reasonably necessary steps to prevent
disclosure of the technical or commercial information and others without prior
written consent from the FIRST PARTY.

C. Conflict/Grievance Resolution Process

In case of any breaches, violations, or concerns related to the Internship
Program, Memorandum of Agreement (MOA), and Non-Disclosure Agreement (NDA),
the Company's representative and CTU's OJT Coordinator must have a meeting
immediately to discuss and come up with an acceptable resolution. If the matter affects
the student-intern's welfare, they should also be included in the discussion. All parties
involved must make every effort to resolve the issue amicably. However, if the case is
sexual harassment, the First Party’s Code of Discipline will be applied.
If the concern remains unresolved, it should be referred to the Grievance
Committee. The Committee will be composed of the following members:
 First Party - HR Representative;
 First Party - Direct Supervisor/Mentor of the student-trainee;
 First Party - Other Personnel as recommended by the First Party;
 Second Party (CTU) - College Dean;
 Second Party (CTU) - SIPP/Intern Coordinator/Program Chair;
 Second Party (CTU) - GAD representative;
 Second Party (CTU) - SAO representative;
 Second Party (CTU) - University Director for Internship;
 Second Party (CTU) - Legal Office representative.
 In the event that a committee member is the subject of a complaint, it is
appropriate to recuse themselves and be substituted by another representative.
The Grievance Committee is authorized to further review any complaints or
grievances from the SECOND PARTY, FIRST PARTY, student intern, and other
stakeholders. The Grievance Committee shall have the responsibility of resolving any
disputes arising from violations of the training agreement or upon the filing of a
complaint by an aggrieved party. The party that has been affected should promptly
notify, through writing, the OJT/Intern Coordinator to arrange for a discussion at the
Grievance Committee level.

If the issue or concern remains unsettled at the Grievance Committee level or in

case the complaint is against a member of the Grievance Committee, the case shall be
referred to the concerned Commission on Higher Education Regional Offices, as stated
in CHED Memorandum Order (CMO) No. 104, Series of 2017 - Revised Guidelines for
Student Internship Program in the Philippines for All Programs.

D. Violations by the Parties

Breaches committed by the parties to the terms and conditions of this Agreement shall
be subject to the consequences outlined in this MOA, as well as any relevant legal
regulations, orders, and laws of the Republic of the Philippines.
Here are the violations by the parties as stated in the CHED Memorandum Order
(CMO) No. 104, Series of 2017:

1. Violations by the Higher Education Institution (The SECOND PARTY):

Any Higher Education Institution/SECOND PARTY the that shall be found to have
committed the following violations shall be meted with the appropriate sanctions
provided in Article XII of CMO No. 104, Series of 2017:
a. Sending students for internship without the required government recognition or
Board Resolution Certificate of Program Compliance for said program;
b. Partnering with entities that have no juridical personality;
c. Allowing student interns to undertake Student Internship Program in the Philippines
(SIPP) without the signed MOA with the FIRST PARTY;
d. Allowing student interns to undertake Student Internship Program in the Philippines
(SIPP) without a valid internship offer or contract between the Host Training
Establishment/FIRST PARTY and the students;
e. Making false statements/mis-statements of student records/documents to make it
appear that the student is qualified to undertake Student Internship Program in the
Philippines (SIPP);
f. Demanding from student interns training fees or other charges, not in accordance
with the provisions of CMO No. 3, s. 2012;
g. Failing to provide free medical and dental services and appropriate insurance
coverage;
h. Failing to monitor periodically as stipulated in the internship plan, welfare of student
interns and thus exposing them to situations that may be deemed as exploitation of
the students;
i. Failing to submit required reports to CHED as specified under these guidelines,
particularly on results of pre and post monitoring and evaluation of student interns
and action taken on their grievances and complaints, if any; and
j. Such other acts similar or analogous to the foregoing that is in violation of the
provisions herein.

2. Violations of Host Training Establishment (The FIRST PARTY)

a. Violation of any of the provisions of the MOA and this CMO;
b. Changing provisions of signed internship contract and/or agreement without the
consent of the student interns and The SECOND PARTY;
c. Non-compliance with prescribed Internship Plans;
d. Placing student interns in internship venues which degrade, debase or demean the
intrinsic worth and dignity of the student intern as a human being;
e. Withholding practicum reports of student interns without just cause; and
f. Such other acts similar or analogous to the foregoing and activities classified as
human trafficking under R.A. No. 9208 and such other similar issuances that is in
violation of the provisions herein.
3. Violations of Student Interns
a. Any act of gambling, theft and other similar illegal acts;
b. Submitting forged or fraudulent documents;
c. Any act in violation of the SECOND PARTY’s rules and regulations;
d. Any act in violation of the FIRST PARTY’s rules and regulations in accordance with
the internship program; and
e. Any act in violation of the laws of the country.

E. No Employer-Employee Relationship
1. There will be no employer-employee relationship between the FIRST PARTY and the
student-trainees of the SECOND PARTY;

F. Confidentiality and Intellectual Property Rights

1. During the duration of the training and thereafter student-trainees must not
(other than in the proper course of their duties or as may be required by law);

1.1 Divulge or disclose to any other person or corporation, without the prior written
consent of the FIRST PARTY, any confidential information relating to each of
their respective business or any trade secrets of which the student-trainees
may possess while on training with the FIRST PARTY or prior thereto;

1.2 Use or attempt to use any such confidential information or any manner which
may cause or be calculated to cause injury or loss to the FIRST PARTY, or to
a related associated corporation, or a supplier or customer, or any of them.

1.3 All designs, slogan, policies, manufacturing techniques, programs or devices

relating to the business of the FIRST PARTY or its associated corporation
which are discovered, invented, improved, or developed by the student-
trainees during the course of the training (weather during regular business
hours or otherwise) will be the property of the FIRST PARTY whether
conceived or developed by the student-trainee solely or jointly with others and
the student trainee must execute any document and do all things as may be
required by the FIRST PARTY or to assign the use of such property to the first
party, provided that the first party will bear all costs and expenses related
thereto.

G. Effectivity
1. This Memorandum of Agreement shall take effect and in full force for three (3) years
from the date of signing by both parties. The duration for on-the-job training (OJT)
program of each student shall begin and end as indicated in the approved training plan.

H. Amendments and Pre-termination

1. Any provision of this agreement may be amended after a fifteen (15) day written
notice and consent by both parties herein.

2. The SECOND PARTY reserves the right to withdraw its participation and agreement
upon a thirty (30) day written notice, with or without cause.

3. The FIRST PARTY reserves the right to terminate the training of any student-trainee
who violates Paragraph 3, Section D of this Agreement. The termination will be effective
15 days after written notice is provided to the SECOND PARTY.
IN WITNESS WHEREOF, the parties hereto have signed this presents on this day
of ______ , 2023.

(NAME OF COMPANY) CEBU TECHNOLOGICAL UNIVERSITY

By: By:
(FIRST PARTY REP) JOSEPH C. PEPITO, Ph.D.
(Position) University President

SIGNED IN THE PRESENCE OF: SIGNED IN THE PRESENCE OF:

(FIRST PARTY WITNESS) (NAME OF OJT COORDINATOR)

(Position) OJT Coordinator –
(COLLEGE/DEPARTMENT)

ACKNOWLEDGEMENT

Republic of the Philippines)

__________________________ ) S.S.

BEFORE ME, this ____ day of January, 2024, in the ______________,

Philippines, personally appeared:

Name Government Issue ID Place and Date Issued

1.__________________ ______________________ _____________________

2.__________________ ______________________ _____________________

known to be the same persons who executed this instrument and they acknowledge to
them that the same are their voluntary act and free will.
This instrument pertains to the Memorandum of Agreement consisting of six (6)
pages, including this page where the Acknowledgement is written and all attachments
hereof, and which has been signed by the parties together with their witnesses, on each
and every page.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal at the place and the date stated above.
Doc. No ______
Page No. ______
Book No. ______
Series No. ______
Attachment “1”

The following individuals have been selected as student-trainees for the First Party's
training program:

NAME PROGRAM DURATION SIGNATURE

______________________________
OJT Coordinator