MEMORANDUM OF AGREEMENT FOR WORK IMMERSION PARTNERSHIP

This Memorandum of Agreement is entered into this 19th of September, 2017 in

Angeles City, by and between:

The ANGELES CITY SENIOR HIGH SCHOOL, with Schools Identification Number
345279 a public high school with principal address at San Ignacio, Pandan, Angeles
City, represented in this Agreement by its School Principal, Hilda N. Garcia, Filipino,
of legal age, and hereinafter referred to as the SCHOOL;

-and-

SHAKEYS PIZZA ASIA VENTURES INC., a duly registered CORPORATION operating

under the laws of the Philippines, with principal address at Mac Arthur Hi-way, Santo
Cristo, Angeles City Pampanga, Philippines 2009 represented in this Agreement by
its Restaurant Manager, REGINA L. BONGCAYAO, Filipino, of legal age, hereinafter
referred to as the COMPANY;

WITNESSETH:

WHEREAS, the Department of Education of the Philippines, hereinafter referred to as

DepEd, is the primary government instrumentality mandated to formulate, implement,
and coordinate policies, plans, programs and projects in the areas of formal and non-
formal basic education; supervise all elementary and secondary education institutions,
including alternative learning systems, both public and private; and provide for the
establishment and maintenance of a complete, adequate, and integrated system of
basic education relevant to the goals of national development;

WHEREAS, the DepEd has introduced the K to 12 basic education reform program
that includes Senior High School, hereinafter referred to as SHS, with the major
objective of ensuring that graduates of basic education are ready for employment,
entrepreneurship and higher learning;

WHEREAS, the SHS curriculum can be customized at the local levels to take into
consideration the needs of local industries and the labor market;

WHEREAS, the DepEd believes that for the effective delivery of SHS instruction, there
is a need for school-industry partnerships that will provide the school the necessary
expertise and venue for practical, on-the-job, enterprise-based training for SHS
learners;

WHEREAS, the DepEd started the full implementation of SHS in School Year 2016-
2017;

WHEREAS, the SCHOOL is among those that will offer SHS to students in the
community to carry out DepEds objectives for SHS as spelled out above;

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WHEREAS, to achieve this objective the SCHOOL needs to enter into a Work
Immersion Partnership with the COMPANY;

WHEREAS, the COMPANY operates in the area where the School is located and has
offices, facilities, project sites, and expertise that can make available to the School for
purposes of student Work Immersion;

WHEREAS, the COMPANY considers going into a Work Immersion partnership with the
School as part of its mission to create a positive impact on the community, especially
the young people;

WHEREAS, the COMPANY may avail itself of the revenue regulation no. 10 s. 2003
implementing the tax incentives provision of R.A. 8525, otherwise known as the Adopt-
A-School Act of 1998;

WHEREAS, the SCHOOL and the COMPANY, hereinafter collectively referred to as

PARTIES, undertake to collaborate for the successful implementation of the SHS in
Angeles City, cognizant of the need for special protection of the child and with the best
interest of the SHS learner at heart;

NOW, THEREFORE, for and in consideration of the foregoing premises, the PARTIES
hereby agree as follows:

DESCRIPTION OF THE WORK IMMERSION PROGRAM

With the passage of the Enhanced Basic Education Act of 2013 or Republic Act 10533,
DepEd was tasked to implement the K to 12 Program, essentially adding two (2) years
of specialization within the Basic Educational System;

DepEd designed the implementation of RA 10533 within the framework of increased

community involvement in the learners experience;

With this premise, DepEd offers venues for various stakeholders to participate in the
implementation of RA 10533 and, the same offer, accepted by the PARTIES herein;

The Work Immersion Program is one of the course requirements for graduation. A SHS
student has to undergo Work Immersion in a business organization or establishment
with work requirements related to the specialization. Through Work Immersion, the
students are exposed to and are familiarized with the work environment related to their
field of specialization. Specifically, the students are able to:

1. Appreciate the importance and application of the principles and theories learned
in school.
2. Enhance their technical knowledge and skills.
3. Enrich their skills in communications and human relations.
4. Develop good work habits, attitudes, appreciation and respect for work.

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I. OBJECTIVES OF THE WORK IMMERSION PARTNERSHIP
The Work Immersion Partnership has the following objectives:
1. To supplement the formal curriculum of the SHS program with special inputs
from the COMPANY experts and practitioners in order to align the SHS program
with work standards.
2. To develop in the students of the SHS program the knowledge and skills that are
relevant to the needs of the job market in the area.
3. To provide SHS students relevant learning experiences by giving them exposure
to the actual workplace setting.
4. To form Work Immersion Partnership between SCHOOL and the COMPANY,
allowing the students, faculty, and staff of the schools concerned the use of and
access to the COMPANY workplace and equipment as part of their Work
Immersion Program.

II. RESPONSIBILITIES OF THE PARTIES

A. Joint Responsibilities

Both the SCHOOL and the COMPANY shall:

1. Create a joint working group that will prepare the action plan to operationalize
the partnership.
2. Form a joint steering committee to monitor the progress of the partnership
and to make sure that the provisions of this Memorandum of Agreement
(MOA) are met.
3. Adhere to all laws, memorandums, and circulars especially those pertaining
to child protection as provided for in the Guidelines for Work Immersion.
4. Develop the students Work Immersion module specifying goals and
objectives, desired outcomes of the program and how these outcomes will be
achieved, also noting the specific knowledge, skills, attitudes and
competencies that the student should acquire after completing the program.
(See Annex A and Annex B)
5. Develop a Work Immersion Daily Schedule of Activities that will be followed
by the students during the whole duration of the Work Immersion Program.
(See Annex B)
6. Formulate local school Work Immersion policies and guidelines on selection,
placement, monitoring, and assessment of students (immersion participants),
to ensure that each student is assigned to an Immersion partner matched to
his/her desired track, qualifications and aptitude.

B. Responsibilities of the School

The School Shall:

1. Identify and indicate the SHS track/s, strands, and/or specialization/s which
will be the subject of the partnership.
2. Make the needed adjustments to contextualize the SHS subjects based on
inputs from the COMPANY.
3. Designate a person in charge of coordinating with the COMPANY and
supervising the activities of the students for the duration of the Work
Immersion Program.
4. Provide insurance coverage for learners during the work immersion program.
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 5. Continue to exercise its Special Parental Authority under the Family Code
over the Senior High School student under immersion in the premises of the
partner.
6. Monitor each students progress throughout the duration of the entire work
immersion program so as to make sure that the tasks assigned to each
student are meaningful, challenging, and applicable to his/her particular
programs, and are able to maximize the quality of the learning experience.
7. Provide the COMPANY an evaluation tool for the students Immersion
performance.
8. Issue a final grade to the student upon completion of the requirements within
a prescribed period.
9. Ensure that the student will adhere to the nondisclosure policies of the
COMPANY as agreed to by the School.
10. Provide signed Consent Forms from the parents as applicable.
11. Provide the COMPANY a Certificate of Participation in the SHS program for
whatever purpose it may serve.
12. Execute a deed of acceptance as a way of recognizing and acknowledging
the donation/s received from the COMPANY.
13. Review, facilitate, and endorse the application of the COMPANY to avail of
the tax incentives/exemption as specified in the R.A. 8525 otherwise known
as The Adopt-A-School Act of 1998.

C. The Company shall:

1. Assign an Immersion Coordinator from the COMPANY to liaise with the
School and supervise the students without prejudice to the special parental
authority of the school, its administrators and teachers for the duration of the
Work Immersion program so as to ensure efficient implementation of all
stages of the program.
2. Provide inputs into the curriculum through the discussions or workshops that
DepEd will organize.
3. Lend its expertise by making available its resident resource person to provide
training to the students.
4. Allow the students to be deployed to the different sections/departments/
project sites of the COMPANY based on the Work Immersion Daily Schedule
of Activities.
5. Agree to the required number of hours of the immersion program set under
the DepEd SHS curriculum. (See Annex A)
6. Provide immersion opportunities for 42 students for SY 2017-2018.
7. Provide students with an orientation about the COMPANY, its line of
business, and the work its employees do, and expose them to the various
stakeholders of the community in which the COMPANY operates for the
students to get a holistic understanding of its business.
8. Similarly ensure that students undergo training related to their course, and
provide the students with work or activities based on the activities listed in the
prescribed template for the Immersion Program of Activities. (See Annex B)
9. Make its workplace and facilities available to students and teachers, and shall
similarly take all necessary action to ensure the safety of students within their
areas of operation at all times, which shall include, but shall not be limited to,
the provision for Personal Protective Equipment (PPEs), if applicable.
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 Ensure that the students will not be exposed to hazardous materials and
working environment throughout the duration of the immersion.
10. Evaluate students performance in the Immersion venue by accomplishing
provided evaluation tool.
11. Issue a Certificate of Completion to the student trainees upon satisfactory
compliance with all requirements of the program.
12. Execute a deed of donation in favor of DepEd for the completed Work
Immersion Partnership.
13. Submit to the Adopt-A-School Program Secretariat all pertinent documents in
support of the amount specified/claimed for the tax exemption application of
the COMPANY.

III. EFFECTIVITY

This Agreement shall hold for the duration of the 2017-2018 Academic School
Year and is renewable every year. The COMPANY and the SCHOOL shall submit
their intention for renewal of this agreement through formal written notice within thirty
(30) days before the expiration of this Agreement.

The COMPANY and the SCHOOL reserve their respective rights to terminate
their participation in the agreement through formal written notice within thirty (30)
days before the effectivity of the termination. Both parties shall turnover all
deliverables agreed thereto in the Work Immersion Program. Termination shall be
subject to the mutual agreement between the parties.

A material breach of the Work Immersion Guidelines and/or this MOA shall
constitute a ground for termination of the MOA, in whole or in part, by the aggrieved
party without prejudice to other legal remedies.

IV. LIABILITY

The school, its administrator, and teachers exercising authority and

supervision over the Senior High School student undergoing Immersion in the
premises of the partner may be held accountable for the students acts.

Each party shall answer for losses and damages arising from any accident,
act, or omission directly attributable to its fault or negligence, which may cause
death or bodily injury to any persons, or loss or damage to property, by or on
account of the performance of the respective obligations by the parties pursuant to
this Agreement. Such responsibility shall continue to remain that of the responsible
partys even after the termination of this agreement, if such losses and damages
were incurred during the effectivity of this agreement.

DepEd shall not be liable for opportunity losses of the Company during the
duration and after the termination of this Agreement.

V. NON-DISCLOSURE PROVISION

It is expressly understood by DepEd and the students that all information on

technology, manufacturing process standards, quality assurance methodologies,

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 quality standards, production capabilities, raw material purchasing, marketing,
finance, and all other related documents, manuals, operational and technical matters
that the Company shall make available to them shall be used for the sole purpose of
student training. All of these matters are classified as confidential in nature and
proprietary to the Company and thereby each student hereby undertakes to prevent
transfer of such information by any of its members to any party outside of the
Company.

VI. OWNERSHIP OF OUTPUT AND INTELLECTUAL PROPERTY

Intellectual properties developed by the student as part of his or her regular

Work Immersion duties in the COMPANY and their corresponding copyrights and/or
patents shall belong to the COMPANY.

Intellectual properties developed by the student outside of his or her regular

Work Immersion duties in the COMPANY and their corresponding copyrights and/or
patents shall belong to the student, even if the student used the time, facilities,
materials of the COMPANY, unless otherwise stipulated in a separate agreement
between and his or her parent or guardian and the COMPANY.

The above provisions shall apply in proportion to the intellectual properties

developed by the student in case intellectual property is jointly developed by the
student with an employee or personnel of the COMPANY, unless otherwise
stipulated in a separate agreement between the student and his or her parent or
guardian and the COMPANY.

VII. OTHER PROVISIONS

It is expressly understood by the Parties that the Company is not obliged to

pay wage or salary since no employer-employee relationship exists between them.
However, the Company is not precluded from providing the student with any
monetary or financial assistance in the form of transportation fee, food allowance,
etc.

In determining the existence of an employer-employee relationship, the

following elements are considered: (1) the power to hire; (2) the payment of wages;
(3) the power to dismiss, and (4) the power to control the employees conduct, with
the control test generally assuming primacy in the overall consideration.

No employer-employee relationship exists between the student and the

partner in work immersion if all the following criteria are met:
1. The training, even though it includes actual operation of the employers facilities
is similar to training provided in an educational program;
2. The training is for the benefit of the student;
3. The student does not displace regular employees, and works under close
supervision;
4. The students are not entitled to a job at the conclusion of the training period and
are free to take jobs elsewhere in the same field;
5. Any clinical training is performed under the supervision and direction of people
who are knowledgeable and experienced in the activity;
6. The training is general, and qualifies the student to work in any similar business.
It is not designed specifically for job with the employer that offers the program;

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 7. The screening process for the immersion program is not the same as for
employment, and does not appear to be for that purpose. The screening only
uses criteria relevant for admission to an independent educational program; and
8. Advertisements, posting, or solicitations for the program clearly discuss
education or training, rather than employment, although employers may indicate
that qualified graduates may be considered for employment.

FOR THE SCHOOL FOR THE COMPANY

HILDA N. GARCIA REGINA L. BONGCAYAO

School Principal Restaurant Manager

WITNESSED BY:

KAREN F. CANLAPAN Mark Anthony Dela Cruz

School SHS Focal Person Supervisor

APPROVED BY:

LEILANI SAMSON-CUNANAN, CESO VI

Schools Division Superintendent
Division of Angeles City

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 ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES

CITY OF ________________________)ss

BEFORE ME this
__________________________(date)________________________, personally
appeared:

Name Government Issued ID Date and Place Issued

LEILANI SAMSON-CUNANAN GSIS

006-0093-5863-4
HILDA N. GARCIA PRC September 5, 2017
403773 Clark, Pampanga
KAREN F. CANLAPAN PRC February 17, 2016
499643 Manila
REGINA L. BONGCAYAO

MARK ANTHONY DELA CRUZ

Known to me and to me known to be the same person who executed the

foregoing instrument, and they acknowledged to me that the same is their free and
voluntary act and deed. This Memorandum of Agreement consisting of thirteen (13)
pages including this page in which this acknowledgement is written, signed by the
parties in their instrumental witnesses each and every page thereof.

WITNESS MY HAND AND NOTARIAL SEAL, on the date at the place first
written above.

Doc. No.__________;
Page No.__________;
Book No._________;
Series of 2017.

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