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MOA Municipality of San Manuel

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MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Agreement made and entered into by and between:

The TARLAC STATE UNIVERSITY, a duly registered and recognized higher education
institution, with postal address at Romulo Boulevard, San Vicente, Tarlac City, represented by its President,
DR. MYRNA Q. MALLARI, hereinafter referred to as the “TSU”,

and

The MUNICIPALITY OF SAN MANUEL, TARLAC an institution/organization existing under


the laws of the Republic of the Philippines, with address at Capas, Tarlac represented by its Mayor, HON.
DOÑA CRESENCIA T. TESORO and hereinafter referred to as the “PARTNER TRAINING
INSTITUTION”.

WITNESSETH, that:
WHEREAS, TSU is offering degree programs in Engineering, Technology, Computer Studies,
Science, Teacher Education, Business Administration, Public Administration, Arts and Social Sciences,
Architecture and Fine Arts, and Criminal Justice Education – has instituted a VIRTUAL NTERNSHIP/ON-
THE-JOB TRAINING (OJT) PROGRAM wherein qualified students will undergo training prior to
graduation in order for them to be adequately equipped with actual experiences that will augment their formal
training;

WHEREAS, the TSU proposes that its students be allowed to undergo Virtual Internship/OJT at the
PARTNER TRAINING INSTITUTION, subject to terms and conditions provided for in this Internship
Program Agreement;

WHEREAS, The PARTNER TRAINING INSTITUTION agreed to accept students of TSU as virtual
trainees/interns to perform various activities in support of the former’s Internship Program and complement
existing curricula to match demands of industry/schools;

NOW, THEREFORE, for and in consideration of the foregoing premises, the TSU and the
PARTNER TRAINING INSTITUTION agree and stipulate the following:

A. The Tarlac State University shall:

1. Designate an Internship Supervisor/OJT Coordinator who will be responsible for all aspects of the
student practicum program including program implementation, monitoring and evaluation as well as
coordinate with the Partner Training Institution in its various activities under the Internship Program;

2. Pre-select and recommend qualified students who will undergo virtual internship/OJT taking into
consideration the requirements of the Partner Training Institution in terms of qualification and number
of interns/trainees needed;

3. Submit to the Partner Training Institution all documents which shall serve as its basis to screen, select,
and deploy students for the Virtual Internship/OJT Program;

4. Orient students about rules and regulations, proper decorum, behavior and work ethics inside the
premises of the Partner Training Institution;

5. Monitor attendance, activities, and performance of students during the Virtual Internship/OJT period;

6. Monitor compatibility of job circumstances with the course requirements for the student’s attainment
of advanced standing in the program through regular meeting with the student trainee.

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7. Together with the students and parents concerned, renounce, and waive any claim against the Partner
Training Institution for injury that the students may sustain or loss that they may suffer, in any form,
whether personal and pecuniary arising from the fault or negligence of the students in the performance
of their duties and functions while undergoing the Internship/OJT Program. The waivers of the student
trainees and their respective parents shall be submitted to the TSU and copies will be furnished to the
Partner Training Institution prior to the commencement of the Internship/OJT Program. The former
agrees and understands that the latter may refuse to accept a student trainee without a duly executed
waiver; and

8. Hold the Partner Training Institution free and harmless from any claims or suits and shall forever
defend it from any such claim or suit whatsoever in connection with this agreement.

B. The Partner Training Institution Shall:

1. Screen and deploy student virtual trainees/interns to its different offices/operating units/schools;

2. Designate Training Supervisor/Cooperating Teacher to perform the following responsibilities;

a. Serve as mentor to the student trainees/interns;

b. Give the student trainees/interns course-related work assignments and expose them to learning
experiences on actual industry/office/classroom/laboratory operations and management;

c. Expose the student trainees to real situations/problems and bottlenecks, thus enabling them to
analyze and apply scientific as well as empirical approach to solutions of technical/classroom
problems; and

d. Arrange a conference with the Internship Supervisor should a problem on a student intern
arises;

3. Deploy the student trainees to the different operating units, cooperating schools/hospitals for a given
period as required by the course taken by the student trainees and/or as agreed upon on a case to case
basis with the TSU, notwithstanding the foregoing, the latter agrees and understands that subject to
prior notice, the former, as it deems necessary, shall have the right to transfer or re-assign the student
trainees to units other than the initial unit where they had originally been assigned;

4. Adhere to all Philippine laws, rules and regulations pertaining to training or learners program, as well
as health and safety laws applicable to entities similarly situated;

5. Provide safety instruction throughout the training period;

6. Accomplish the necessary forms required by TSU in connection with the training of students;

7. Issue certificates of completion to student trainees who successfully completed the Virtual
Internship/OJT Program; and

8. Adopt and enforce rules that will govern the conduct of the Virtual Internship/OJT Program. Said rules
shall be made known to TSU and the student trainees/interns before the start of the training.

9. Treat the student trainees in a professional manner and shall not subject them to task and work
assignments that are risky, dangerous, disadvantageous and/or unrelated to the purpose of this
Agreement.

10. Ensure the safety and well-being of the student trainees during the training period.

11. Release the student trainees upon completion of the required number of hours allotted of their OJT.

12. Furnish the TSU an individual Performance Evaluation Report and Certificate of Training per student
after the training.

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C. Under this Agreement the following terms and conditions are likewise included:

1. It is expressly understood that there shall be no employer-employee relationship between the Partner
Training Institution and the student trainee from TSU;

2. The student trainees/interns and/or their respective guardians will be personally responsible for any
and all liabilities for damage to property or personal injury, which may be occasioned by their
intentional or negligent acts of the student trainee/interns in the course of the Internship /OJT Program;

3. The student trainees/interns and the TSU shall abide by the rules and regulations of the Partner
Training Institution and comply with those imposed for the Virtual Internship/OJT Program;
otherwise, they shall be excluded from further participation;

4. TSU may pull out any student from the premises of the Partner Training Institution on reasonable
grounds after a written notice is sent by the latter requesting such a pull out;

5. Both parties shall exert all efforts necessary to achieve the objectives of this joint undertaking. For this
purpose, the parties shall execute and deliver such instruments and documents that may be reasonably
requested by the other party in order to carry out the intent and accomplish the purpose of this
Agreement and the transaction covered hereby; and

6. Neither of the parties shall be liable in any way for the failure to observe or perform any provision of
this Agreement if such failure shall be caused by any law, rule, or regulation of any constituted public
authority or shall be due to any force majeure event or any cause beyond the control of the party in
default.

D. Duration:

This Agreement shall take effect immediately upon signing hereof and shall continue for a period of two
(2) years thereafter. Unless otherwise advised in writing by either party, this Agreement shall automatically
be renewable for the same period under the same terms and conditions. Notwithstanding the foregoing,
TSU reserves the right to terminate this Agreement, subject to a fifteen (15) day prior written notice to the
other party.

E. Miscellaneous:

This Agreement shall be governed by and construed in accordance with the laws of the Republic of the
Philippines.

A party shall not assign any of its rights and obligations under this Agreement, except that the Partner
Training Institution reserves the right to assign student trainees to any of its subsidiaries and affiliates if
such assignment is deemed necessary or for the best interest of the student trainee.

In case any one or more of the provisions contained herein shall, for any reason, be held to be invalid,
illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any of
the provisions of this Agreement. In such event, the parties shall consult each other as to the manner by
which their original intention can be fulfilled as closely as possible and they will amend this Agreement
accordingly.

IN WITNESS WHEREOF, the parties hereof have signed this Agreement on this ______ of
____________ 2022 at Tarlac State University, Tarlac City.

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On Behalf of Tarlac State University: On Behalf of Municipality of San Manuel, Tarlac:

DR. MYRNA Q. MALLARI HON. DOÑA CRESENCIA T. TESORO


TSU President Mayor

SIGNED IN THE PRESENCE OF:

DR. ERWIN P. LACANLALE MRS. GINALYN C. CAGUISANO


Vice President for Academic Affairs Human Resource and Management Officer

Republic of the Philippines)


Province of Tarlac) ss.

ACKNOWLEDGEMENT

BEFORE ME, a Notary Public for and in the Province of Tarlac, Philippines, this ____________ of
__________________________, personally appeared the following:

Name Government ID Date


Issued; Number Issued/Effectivity
DR. MYRNA Q. MALLARI 0082934
HON. DOÑA CRESENCIA T. TESORO

The above are known to me the same persons who executed the foregoing instrument and acknowledged to
me that the same is their own free and voluntary act/deed.

I further certify that this Memorandum of Agreement, consisting of five (5) pages only, each page of which is
signed by the parties and instrumental witnesses and sealed with my notarial seal.

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