MEMORANDUM OF AGREEMENT

Know All Men By These Presents:

This MEMORANDUM OF AGREEMENT (hereinafter “Agreement”) is made and entered

into by and between:

POLYTECHNIC UNIVERSITY OF THE PHILIPPINES, a government

educational institution with principal address at Anonas St., Sta. Mesa,
Manila, duly represented by its Vice President for Academic Affairs, DR.
EMANUEL C. DE GUZMAN, hereinafter referred to as the “UNIVERSITY”;

-and-

<COMPANY/INSTITUTION>, a <sole proprietorship/

partnership/corporation/government agency> duly organized and existing
under and by virtue of the laws of the Republic of the Philippines, with
business address at <address>, duly represented by its <Position>, <NAME
OF AUTHORIZED REPRESENTATIVE>, hereinafter referred to as the
“Host Training Establishment” or “HTE”.

The UNIVERSITY and the HTE shall be referred to individually as a “Party”

and collectively as the “Parties”.

WITNESSETH:

WHEREAS, the Commission on Higher Education (CHED), on 29 August 2022, issued

CHED Memorandum Order No. 09, Series of 2022, also known as the “Updated Guidelines
on the Implementation of Face-to-Face Classes to Prevent and Mitigate COVID-19 Infections in
Higher Education.” The CMO states that off-campus activities for the completion of course
requirements such as internship/practicum/training are allowed subject to the approval of the
Local Government Unit (LGU), where off-campus activities will be held. It also states that Higher
Education Institutions (HEIs) are encouraged to coordinate with their partner institutions to allow
unvaccinated students to participate in OJT/internship/fieldwork/practicum;

WHEREAS, pursuant to the aforementioned memorandum, the Office of the Vice

President for Academic Affairs (OVPAA), on 13 October 2022, issued Memorandum Order No.
11, Series of 2022, which states that effective the first semester of the academic year 2022-
2023, in-person or onsite on-the-job training /internship is resumed, subject to the health
protocols and alert level of the local government unit where the HTE is situated. It also states
that online/virtual and work-from-home arrangements of training are still allowed;

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 the 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 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 for the
student intern, as a pre-requisite to his/her deployment to internship venues, on

MOA between HTE and PUP (Student Internship Program)

Page 1 of 4
 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
who is found to misbehave and/or act in defiance of existing standards, rules, and
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 the
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 the 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 the 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 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 the internship.

D. General Provisions

1. The OJT and Quality Assurance Coordinator/Faculty Adviser shall determine the
duration of the internship and shall inform the HTE of the same through an
endorsement letter.

2. The internship shall be for a maximum of eight (8) hours per day, between 8:00 am
to 5:00 pm, Mondays to Fridays only.

3. The student intern shall not be subjected to mandatory overtime (OT) nor be
required to work during holidays.

MOA between HTE and PUP (Student Internship Program)

Page 2 of 4
 4. 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.

5. 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.

6. 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.

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. 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/Faculty Adviser of the grievance before any decision to
terminate is made and finalized. The OJT and Quality Assurance Coordinator
/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
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 of both
parties.

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

MOA between HTE and PUP (Student Internship Program)

Page 3 of 4
 IN WITNESS WHEREOF, the parties hereby affix their signatures this _____ day of
_____, 20___ at _____________________, Philippines.

POLYTECHNIC UNIVERSITY <NAME OF HTE>

OF THE PHILIPPINES

By: By:

_______________________________ _______________________________
DR. EMANUEL C. DE GUZMAN <Name and signature of the authorized
Vice President for Academic Affairs representative of the HTE>
<Position>

SIGNED IN THE PRESENCE OF:

_______________________________ _______________________________
JULIETA G. FONTE <Name and signature of the witness of the
Dean, College of Accountancy and Finance HTE>
<Position>

ACKNOWLEDGMENT
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 ________________________ ________________________

<Name of the authorized ________________________ ________________________

representative of the HTE>

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 four (4) 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 _____.

MOA between HTE and PUP (Student Internship Program)

Page 4 of 4