MEMORANDUM OF AGREEMENT
Know All Men By These Presents:
This MEMORANDUM OF AGREEMENT (hereinafter “Agreement”) is made and entered
into by and between:
The POLYTECHNIC UNIVERSITY OF THE PHILIPPINES, a state university
with principal address at Anonas St., Sta. Mesa, Manila, duly represented by
its Vice President for Academic Affairs, DR. EMANUEL C. DE GUZMAN, and
hereinafter referred to as “UNIVERSITY”;
-and-
The OLLOPA CORPORATION, a corporation duly organized and existing
under and by virtue of the laws of the Republic of the Philippines, with business
address at No. 22 Ipil St. Sitio Seville, Quezon City duly represented by its
Sales and Marketing Manager, PHILANDER SHEIKH AMIR Z. MIRANDO
and hereinafter referred to as “Host Training Establishment or HTE”.
WITNESSETH:
WHEREAS, the Commission on Higher Education (CHED), on 24 May 2020, issued
CHED COVID Advisory No. 7, wherein it stated that OJT and internship programs (foreign and
local) remain suspended until ECQ, MECQ, GCQ, and MGCQ has been lifted. For Higher
Educational Institutions (HEIs) in MGCQ areas, in-campus OJT and internship programs can be
authorized provided there is strict compliance with physical distancing and other health protocols.
On 10 February 2021, the CHED and the Department of Health (DOH) issued Joint Memorandum
Circular Order No. 2021-001 wherein CHED and DOH prioritized selected health-related degree
programs regarded as vital in providing additional manpower support in the health system, for the
gradual reopening of HEI campuses for limited face-to-face classes and internship;
WHEREAS, pursuant to the aforementioned issuances, the Office of the Vice President
for Academic Affairs, through Memorandum Order No. 2, Series of 2021, allowed the offering of
On-the-Job Training (OJT) and Internship Programs by means of online and/or correspondence
mode of delivery;
WHEREAS, the UNIVERSITY, has established an Internship Program as part of its
curriculum. The program is designed to supplement the learnings and to train students to become
competitive and technologically innovative professionals through actual exposure to a
professional workplace or through online platform to address the new normal brought about by
COVID-19;
WHEREAS, the HTE supports this program and is willing to give the students of the
UNIVERSITY a course related work assignments and expose them to actual learning
experiences;
NOW THEREFORE, for in consideration of the foregoing premises, the parties hereby
bind themselves to undertake this Agreement under the following terms and conditions:
A. Responsibilities of the University
1. The University shall instruct the College to conduct pre-internship orientation to the
student intern, as a pre-requisite to his/her deployment to internship venues, on work
environment issues, including but not limited to, proper work ethics and laws against
sexual harassment.
2. The University shall take appropriate action on any complaint against the student
intern in accordance with its policies. It may unilaterally withdraw the student intern
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who is found to misbehave and/or act in defiance to existing standards, rules,
regulations of the HTE and impose the necessary University sanctions against the
said student intern.
3. The University shall issue a final grade to the student intern upon completion of the
requirements within the prescribed period in accordance with its regulations on
grading system and performance assessment of the HTE.
B. Responsibilities of the HTE
1. The HTE shall commit to take in the student intern to undergo the Internship Program
consistent with the requirements of the University.
2. The HTE shall orient the student intern on the standard rules and regulations of their
establishment.
3. The HTE shall provide free relevant instruction, exposure, and training to the student
intern, consistent with its policies, rules and regulations. It shall treat the student intern
in a professional manner, and shall ensure that the student intern, in the course of
internship, shall not be exposed to any form of harassment/unethical practice or tasks
and work assignments that are unreasonably risky, dangerous or unrelated to the
purposes of the Internship Program.
4. The HTE shall issue a Certificate of Completion to the student intern within ten (10)
working days after the completion of internship.
C. Responsibilities of the Student Intern
1. The student intern shall execute an Internship Agreement with the HTE which includes
the notarized written consent of the parent/guardian allowing his/her son/daughter to
undergo the Internship Program with the HTE.
2. The student intern shall maintain confidentiality, when and where appropriate, during
and after the internship period of all the data, business or trade secrets where such
information is not within the public domain and is indicated and is understood as
confidential.
3. The student intern shall adhere to the existing rules and regulations of the HTE
including the proper use of tools, instruments, machines and equipment.
4. The student intern shall be personally responsible for any and all liabilities arising from
gross negligence in the performance of his/her duties and functions while under
internship.
D. General Provisions
1. The duration of the program shall be determined by the OJT and Quality Assurance
Coordinator or Faculty Adviser.
2. The internship shall be for a maximum of eight (8) hours between 8:00 am to 5:00 pm,
Mondays to Fridays only.
3. The HTE and the University shall jointly develop an Internship Plan for the student
intern specifying objectives, knowledge, and competencies that the student intern
should acquire in each learning area, assignment, and/or activity covered by the
Internship Plan.
4. The HTE is not obliged to employ the student intern upon completion of the internship.
The HTE, however, upon consultation with the University, may invite qualified
students to submit themselves to examinations, interviews, and file pertinent
documents in support of their application.
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5. There is no employer-employee relationship between the HTE and the student intern.
The student intern shall not be entitled to compensation/benefits accorded to an
employee. However, the HTE may grant the student intern a training allowance, if
possible, in accordance with the HTE’s existing rules and regulations.
6. The student intern shall not be subjected to mandatory overtime (OT) nor be required
to work during holidays.
7. The Parties shall claim co-ownership for whatever output/result/technologies
generated from the internship that will merit intellectual property application,
publications or use, subject to the policies of the University relating to copyright and
intellectual property rights.
8. The Parties shall not divulge any information that it may have access to, and any such
information will only be used for academic purposes.
E. Online Internship
The Online Internship Program of the University is established to comply with CHED
COVID Advisory No. 7 and Joint Memorandum Circular Order No. 2021-001. The provisions of
this Agreement shall likewise apply to the online set-up except when it particularly pertains to a
face-to-face set-up. Furthermore, the following provisions shall apply:
1. The student interns are required to perform Online Training (web-based) or be
subjected to Work-from-Home arrangements as delegated by the HTE and pursuant
to the policies of the University. The same shall be considered creditable internship
hours for the purpose of this Agreement.
2. The student interns are expected to perform office-related tasks such as, but not
limited to, research, production of written reports, attendance in meetings (e.g., Zoom,
Google Meet, Microsoft Teams and other similar video conferencing services), as may
be applicable.
3. The student interns shall perform tasks or responsibilities within the period as specified
in the Agreement established by the University and the HTE.
F. Termination, Entirety of the Agreement, Period and Governing Law
1. The Parties shall have the right to pre-terminate the internship contemplated by this
Agreement by serving a written notice to the other party at least thirty (30) days prior
to the intended date of termination and based on the following grounds:
a. The student intern substantially violates the rules and regulations of HTE, or in
cases of serious misconduct of the student intern;
b. The HTE is proven to fail in providing the safety of the student intern and quality
of training contemplated by this Agreement; and
c. There is any material violation of the foregoing covenants that will warrant the
cancellation of this Agreement.
PROVIDED, that the terminating party shall formally inform the OJT and Quality
Assurance Coordinator or Faculty Adviser of the grievance before any decision to
terminate is made and finalized. The OJT and Quality Assurance Coordinator or
Faculty Adviser shall intervene to rectify the situation in the interest of all parties
concerned.
2. This Agreement constitutes the entire agreement between the Parties with respect to
the subject matter hereof. It excludes and supersedes everything else which has
occurred between the parties whether written or oral, including all other
communication with respect to the subject matter hereof. Any amendment hereto
shall be mutually agreed upon in writing by the Parties.
3. This Agreement shall take effect on the date of signing by both parties and shall
continue to be in force for a period of three (3) years unless earlier terminated
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for just cause, by either Party after thirty (30) days prior written notice to the other
Party.
4. The three-year period shall be applicable to cover other prospective student interns
who may likewise be required to undergo an internship with the HTE during the
effectivity of this Agreement.
5. Any renewal of this Agreement shall be through the mutual written consent by both
parties.
6. This Agreement shall be governed by and construed in accordance with the laws of
the Republic of the Philippines.
IN WITNESS WHEREOF, the parties hereby affix their signatures this _____ day of
_____, 20___ at _____________________, Philippines.
POLYTECHNIC UNIVERSITY OLLOPA CORPORATION
OF THE PHILIPPINES
By: By:
_______________________________ _______________________________
DR. EMANUEL C. DE GUZMAN PHILANDER SHEIKH AMIR Z. MIRANDO
Vice President for Academic Affairs Sales and Marketing Manager
SIGNED IN THE PRESENCE OF:
_______________________________ _______________________________
(Name and signature of witness) MS. BAMBIE ADVINCULA
(Position) Supervisor
ACKNOWLEDGMENT
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Republic of the Philippines)
City of _______________ ) S.S.
BEFORE ME, a Notary Public, for and in the City of _______________, this _____day of
_______, 20___, personally appeared:
Valid Proof of Identity Issued at/on
DR. EMANUEL C. DE GUZMAN ________________________ ________________________
MR. PHILANDER SHEIKH AMIR ___ID: EGET-20191105____ Quezon City (Nov. 2019)
Z. MIRANDO
known to me to be the same persons who executed this instrument and acknowledged the same
to me as their free and voluntary act and deed, and of the entities they respectively represent.
This document consists of five (5) pages including the page where this Acknowledgment
is written, and the parties signed at the left margin of each and every page hereof.
WITNESS MY HAND AND SEAL on the place and date first above written.
Notary Public
Doc. No. _____;
Page No. _____;
Book No. ____;
Series of _____.
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