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MDH Deed of Undertaking

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DEED OF UNDERTAKING

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT, made and entered into by and between:

CEBU DOCTORS’ UNIVERSITY, a private educational institution organized under Philippine laws
with office address at #1 Dr. Potenciano V. Larrazabal Jr. Avenue, North Reclamation Area,
Mandaue City, Cebu, represented by its Chairman/President, Dr. Philip Anthony S.D. Larrazabal
and hereinafter referred to as the FIRST PARTY.

And

JOSHUA CALEB E. ORACION is of legal age, Filipino, single/married and a resident of BLOCK
11 LOT 8 PHASE 2 SECTOR 1 NORTHVILLE SUBDIVISION BOLOC-BOLOC, SIBULAN,
NEGROS ORIENTAL represented by JOSEPH B. ORACION if minor and hereinafter referred to
as the SECOND PARTY

And

Mactan Doctors’ Hospital, a corporation organized under Philippine laws, with office address at
Maximo V. Patalinhug , Jr. Ave. Lapu-Lapu City Cebu, represented by its Medical Director
Joselito Montesclaros, M.D. and hereinafter referred to as the THIRD PARTY.

WITNESSETH: THAT

WHEREAS the COMMISSION ON HIGHER EDUCATION has set some Guidelines for Student
Internship Program in the Philippines.

WHEREAS the COMMISSION ON HIGHER EDUCATION and DEPARTMENT OF HEALTH


issued JOINT CIRCULAR MEMORANDUM (JMC) No. 2021-001 last 10 February 2021 entitled
“GUIDELINES ON THE GRADUAL REOPENING OF CAMPUSES OF HIGHER EDUCATION
INSTITUTIONS FOR LIMITED FACE-TO-FACE CLASSES DURING THE COVID-19 PANDEMIC.”

WHEREAS the COMMISSION ON HIGHER EDUCATION issued CMO No. 104 Series of 2017 entitled
“REVISED GUIDELINES FOR STUDENT INTERNSHIP PROGRAM IN THE PHILIPPINES (SIPP) FOR ALL
PROGRAMS”.

WHEREAS the COMMISSION ON HIGHER EDUCATION issued CHED COVID ADVISORY No. 6 last 13
April 2020 entitled “GUIDELINES FOR THE PREVENTION, CONTROL AND MITIGATION OF
THE SPREAD OF CORONAVIRUS DISEASE 2019 (COVID2019) IN HIGHER EDUCATION
INSTITUTIONS (HEIs).”
WHEREAS the COMMISSION ON HIGHER EDUCATION issued CHED MEMORANDUM ORDER No. 12
Series of 2021 entitled “GUIDELINES ON THE CONDUCT OF CLINICAL EDUCATION OF RADIOLOGIC
TECHNOLOGY STUDENTS DURING THE PANDEMIC PERIOD.”
WHEREAS the FIRST PARTY is obligated to establish an internship program so as to provide the
SECOND PARTY an opportunity to complement his or her formal learning with practical
knowledge, skills and desirable attitudes and to gain hands on experience as well as for the
completion of the CHED requirements for purposes of graduation.

WHEREAS the THIRD PARTY is a Host Training Establishment duly authorized and registered entity in
the Philippines by the Securities Exchange Commission or the Department of Trade and Industry
and with the established system of training.

WHEREAS the COMMISSION ON HIGHER EDUCATION requires the FIRST PARTY to establish an
internship program to respond to the needs of the industry as well as promote mutually
supportive industry academe collaboration/linkages and strengthen career guidance.

WHEREAS, due to the COVID-19 Health Pandemic, the implementation of the said Student
Internship Program of the FIRST PARTY may unnecessarily expose the SECOND PARTY of the said virus.

WHEREAS, the SECOND PARTY as a student intern is fully aware of such possibility of exposure
but believes that with the strict compliance to the minimum health protocols, as well as the strict
guidance of the Clinical Instructors of FIRST PARTY, coupled with the strict health guidelines against
COVID-19 by the THIRD PARTY, the probability of infection is significantly decreased duration the
rotation.

NOW THEREFORE, for and in consideration of the foregoing premises and of the mutual terms,
conditions and stipulations hereinafter provided the parties hereto have agreed, as they hereby
agree, as follows:

1. DURATION OF THE ROTATION. The SECOND PARTY shall be with the THIRD PARTY, the area of
the rotation, for a maximum period of 36 weeks.

2. AFFIRMATION. The PARTIES shall faithfully comply with JMC No. 2021-001 and CMO No. 104
Series of 2017 which includes but is not limited to the following obligations/responsibilities:

a. FIRST PARTY
a.1. Planning/Engaging/Orientation
- Assume full responsibility over the students during their internship.
- Ensure that the student intern will acquire actual and relevant competencies in each
learning area, assignments, and schedule of activities
- Assign a Clinical Instructor for the student internship programs, and
- Conduct pre-internship orientation/training to student interns, as a prerequisite to
their deployment to internship venues (THIRD PARTY) on work environment issues,
including, but not limited to, proper work ethics and laws against sexual harassment.

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a.2. Monitoring and Evaluation
- Safeguard student interns undergoing internship from harassment, exploitation,
deplorable training conditions and such other conditions that contravene or
defeat the purpose of internship.
- Conduct initial and regular visit/inspection of THIRD PARTY to ensure safety of
student interns.
- Monitor and evaluate performance of the student intern jointly with the THIRD
PARTY based on the prescribed internship plan.
- Conduct monitoring and evaluation of the THIRD PARTY to gauge the overall
performance of the THIRD PARTY and provide feedback mechanism.
- Conduct a post training review and evaluation of the program and the
performance as well as with the THIRD PARTY.
- Issue a final grade to the student intern upon completion of requirements within the
prescribed period in accordance with the FIRST PARTY regulations on grading
system and performance assessment of the FIRST PARTY.

a.3. Reporting
- SubmittoCHEDthroughtheCHEDRegionalOfficealltherequireddocuments

b. SECOND PARTY
- Enter into an internship contract and/or agreement with the participating THIRD
PARTY.
- Sign all the required documents necessary for his or her participation in the
internship program, including the acceptance letter, internship contract and/or
agreement
- Comply with the provisions of the contract and/or agreement including the rules and
regulationsoftheFIRSTPARTY,THIRDPARTYandCHEDatalltimes.
- Undergo the required orientation/internship program conducted by the FIRST and
THIRDPARTY.
- Report for internship in the THIRD PARTY based on the schedule indicated in the
internship contract/or agreement.
- Perform tasks and activities indicated in the internship plan.
- Maintain confidentiality, when and where appropriate, during and after the
internship period of all the data where such information is not within the public
domain and is indicated or understood to be confidential.
- Adhere to the existing rules and regulations of the THIRD PARTY.
- Complete the agreed duration of his or her internship
c. THIRD PARTY
- Design and implements the internship plan in partnership with the FIRST
PARTY.
- Encourages student interns to develop their personality and professionalism, and
to the extent possible, protect them from physical or moral danger.
- Assigns a point/focal person responsible for the implementation of all phases of the
internship.
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- Orients the student intern on the standard rules and regulations of their
establishment before signing of contract.
- Provides practical training or work experience in accordance with the agreed
internship plan and schedule of activities.
- Provide supervised applied learning experience for student interns in accordance
with agreed Internship Plan and schedule of activities.
- Develop feedback mechanism to the student intern
- Develop feedback mechanism to FIRST PARTY of the overall implementation of the
internship and the student performance.

d. Parent/Guardian
- Issues and signs the written consent; and
- Co-signs the internship contract and/or agreement to manifest approval or
consent to the internship of their child.

3. ASSUMPTIONS.
a. FIRST PARTY

- FIRST PARTY fully commits to enrich its degree program to respond to the
needs of the industry.
- FIRST PARTY fully assumes responsibility in finding the best THIRD PARTY that can
cater to the needs of the SECOND PARTY in particular for the latter’s broaden
learning opportunities and acquisition of technical and life skills, practical
knowledge, skills and competencies.
- FIRST PARTY will ensure that upon completion of SECOND PARTY’s required
number of hours of duty rotation and clinical cases at the THIRD PARTY, the same
will be duly recorded so as to facilitate the completion of requirements for
graduation purposes.

b. SECOND PARTY

- SECOND PARTY fully understands the risk involved in the participation of the
internship program.
- SECOND PARTY likewise understands that the said internship program is
necessary for the completion of requirements for graduation.
- SECOND PARTY is fully aware that COVID-19 is very much present and has not been
effectivelycontrolledwhichledtoseveralclosuresoffacetofacelearning.
- With full disclosure and knowledge, SECOND PARTY hereby assumes all of the risk
involved in participating in any/all activities associated with the Internship
ProgramexceptforgrossnegligencecommittedonthepartofeitherPARTIES.
- SECOND PARTY certifies that he or she is physically fit, have sufficiently
prepared or trained for participation in this activity, and have not been advised to
not participate by a qualified medical professional.
- SECOND PARTY likewise certifies that there are no health-related reasons or
problems which preclude him or her from participation in the Internship
Program.
- In consideration of SECOND PARTY’s voluntary participation in the Internship,
SECOND PARTY hereby take action for himself/herself, executors,
administrators, heirs, next of kin, successors, and assigns as follows:
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a. WAIVE, RELEASE, AND DISCHARGE from any and all liability,
including but not limited to, liability arising from the negligence or fault
of the entities or persons released, for my death, disability, personal
injury, property damage, property theft, or actions of any kind which may
hereafter occur to me including my traveling to and from this activity,
THE FOLLOWING ENTITIES OR PERSONS: FIRST PARTY and/or their
directors, officers, employees, volunteers, representatives, and agents, and
the activity holders, sponsors, and volunteers;
b. INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities
or persons mentioned in this paragraph from any and all liabilities or
claims made as a result of participation in this activity, whether caused
by the negligence of release or otherwise.

c. THIRD PARTY
- THIRD PARTY represents that it has the capacity to mentor, provide and
facilitate the provisions of the Internship Program.
- THIRD PARTY is capable of providing the appropriate internship program and has
the capacity to co-develop, along with the FIRST PARTY, and follow an internship
plantobeundergonebytheSECONDPARTYintheTHIRDPARTY.
- THIRD PARTY undertakes that it will follow the evaluation system of student
performance provided by the FIRST PARTY.

IN WITNESS WHEREOF, the parties have hereunto set their hand this
at Cebu City, Cebu, Philippines.

MARIE EMMELINE B. YU, M.D. JOSHUA CALEB E. ORACION/ JOSEPH B. ORACION


FIRST PARTY SECOND PARTY

JOSELITO MONTESCLAROS, M.D.


THIRD PARTY

Signed in the Presence of:

TIMOTHY JOHN D. MATOY, RRT, MA KRISTOFFER ADRIEN B. TOLEDO, RRT

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ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


CEBUCITY )S.S.

BEFORE ME , a Notary Public for and in the City of Cebu, this ,


personally came and appearance the following:

Name CTC/ID No. Place


Marie Emmeline B. Yu M.D.
JOSHUA CALEB E. ORACION G02-20-100712 SIBULAN, NEGROS ORIENTAL
Joselito Montesclaros, M.D.

are known to me to be the same persons who executed the foregoing Contract of Undertaking
consisting of six (6) pages including this acknowledgement, signed by the parties and their
instrumental witness at the bottom part of page 6 and the left margin of all other pages.

WITNESS MY HAND AND SEAL on the date and place above stated.

Notary Public

Doc. No.: ;
Page No.: ;
Book No.: ;
Series of 2021

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