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Moa BJMP 2024

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MEMORANDUM OF AGREEMENT

FOR WORK IMMERSION PARTNERSHIP

This Memorandum of Agreement is entered into this ___ day of _________, 2024 in
Bongao, Tawi-Tawi, by and between:

MAHARDIKA INSTITUTE OF TECHNOLOGY, INC. SENIOR HIGH SCHOOL, with


School Identification Number 477503, a private school, with principal address at
Brgy. Tubig-Boh, Bongao, Tawi-Tawi, represented in this Agreement by its
Coordinator/Principal, KUMALAH H. YUSOP, Filipino, of legal age, and
hereinafter referred to as the “SCHOOL”;

-and-

BUREAU OF JAIL MANAGEMENT AND PENOLOGY, BONGAO DISTRICT JAIL,


operating under the laws of the Philippines, with principal address at Brgy. Tubig-
Boh, Bongao, Tawi-Tawi, represented in this Agreement by its OIC Warden, JAIL
INSPECTOR, KAGUI U. BUDI, Filipino, of legal age, hereinafter referred to as the
“AGENCY”

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 the 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 has started the full implementation of SHS in School Year 2016-
2017;

WHEREAS, the MAHARDIKA INSTITUTE OF TECHNOLOGY, INC. SENIOR HIGH


SCHOOL is among those that offers SHS to students in the community to carry out DepEd’s
objectives for SHS as spelled out above;

WHEREAS, to achieve this objective, the MAHARDIKA INSTITUTE OF TECHNOLOGY,


INC. SENIOR HIGH SCHOOL needs to enter into a Work Immersion Partnership with the
BUREAU OF JAIL MANAGEMENT AND PENOLOGY, BONGAO DISTRICT JAIL;

WHEREAS, the BUREAU OF JAIL MANAGEMENT AND PENOLOGY, BONGAO


DISTRICT JAIL operates in the area where the MAHARDIKA INSTITUTE OF TECHNOLOGY,
INC. SENIOR HIGH SCHOOL is located and has offices, facilities, project sites, and expertise
that it can make available to the School for purposes of student work immersion;
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WHEREAS, the BUREAU OF JAIL MANAGEMENT AND PENOLOGY, BONGAO
DISTRICT JAIL considers going into a work immersion partnership with the MAHARDIKA
INSTITUTE OF TECHNOLOGY, INC. SENIOR HIGH SCHOOL as part of its mission to create
a positive impact on the community, especially the young people;

WHEREAS, the BUREAU OF JAIL MANAGEMENT AND PENOLOGY, BONGAO


DISTRICT JAIL 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 MAHARDIKA INSTITUTE OF TECHNOLOGY, INC. SENIOR HIGH


SCHOOL and the BUREAU OF JAIL MANAGEMENT AND PENOLOGY, BONGAO DISTRICT
JAIL, hereinafter collectively referred to as the “PARTIES”, undertake to collaborate for the
successful implementation of the SHS in Tubig-Boh. Bongao, Tawi-Tawi, 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 No. 10533,
the DepEd was tasked to implement the K to 12 Program, essentially adding two (2) years of
specialization within the Basic Educational System;

The DepEd designed the implementation of R.A. No. 10533 within the framework of
increased community involvement in the learner’s experience;

With this premise, the DepEd offers venues for various stakeholders to participate in the
implementation of R.A. No. 10533 and, the same offer, is 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-related environment related to their field of specialization.
Specifically, the students are able to:

1. Appreciate the importance and application of the principles and theories taught in the
classroom;
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.

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 coming from
the AGENCY, 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 exposing them to the actual
workplace setting.

4. To form Work Immersion Partnership between the SCHOOL and the AGENCY, allowing the
students, faculty, and the staff of the school concerned the use of and access to the
AGENCY, workplace and equipment as part of their Work Immersion Program.

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II. RESPONSIBILITIES OF THE PARTIES

A. Joint Responsibilities

Both the SCHOOL and the AGENCY 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.

5. Develop a Work Immersion Daily Schedule of Activities that will be followed by the
student during the whole duration of the Work Immersion Program in the AGENCY.

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 MAHARDIKA INSTITUTE OF TECHNOLOGY, INC. SENIOR HIGH SCHOOL shall:

1. Identify and indicate the SHS track/s, strand/s, 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
coming from the AGENCY.

3. Designate a person in charge of coordinating with the AGENCY 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.

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 student’s 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 AGENCY 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 non-disclosure policies of the AGENCY as
agreed to by the SCHOOL.

10. Provide signed consent forms from the parents as applicable.

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11. Provide the AGENCY 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 AGENCY.

13. Review, facilitate, and endorse the application of the AGENCY 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. Responsibilities of the AGENCY

The BUREAU OF JAIL MANAGEMENT AND PENOLOGY, BONGAO DISTRICT JAIL


shall:

1. Assign a competent Immersion Coordinator from the AGENCY 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 persons to provide training
to the students.

4. Allow the students to be deployed to the different sections/departments/project sites of


the AGENCY 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.

6. Provide immersion opportunities for Thirty (30) graduating GAS students for A. Y.
2024-2025.

7. Provide students with an orientation about the AGENCY its line of business, and the
work its employees do, and expose them to the various stakeholders of the community in
which the AGENCY operates for the students to get a holistic understanding of the
agency.

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.

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 (PPE), if applicable. 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 the SCHOOL 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 AGENCY.

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III. EFFECTIVITY

This agreement shall hold for the duration of Sixteen (16) days from _____________
Academic Year 2024-2025 and is renewable every year. The AGENCY and the SCHOOL shall
submit their intention for renewal of this agreement through a formal notice within thirty (30)
days before the expiration of this Agreement.

The AGENCY and the SCHOOL reserve their respective rights to terminate their
participation in the agreement after the duration of this Agreement through a formal written
notice within thirty (30) days before the effectivity of the termination. Both parties shall turn over
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 student’s 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 party’s even after the termination of this agreement, if such
losses and damages were incurred during the effectivity of this agreement.

The SCHOOL shall not be liable for opportunity losses of the AGENCY during the duration
and after the termination of this agreement.

V. NON-DISCLOSURE PROVISION

It is expressly understood by the SCHOOL and the students that all information on
technology, manufacturing process, process standards, quality assurance methodologies,
quality standards, production capabilities, raw material purchasing, marketing, finance, and all
other related documents, manuals, operational, and technical matters that the AGENCY 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 AGENCY and thereby
each student hereby undertakes to prevent transfer of such information by any of its members
to any party outside of the AGENCY.

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 AGENCY, and their corresponding copyrights and/or patents, shall belong to the
AGENCY.

Intellectual properties developed by the student outside of his or her regular Work
Immersion duties in the AGENCY, and their corresponding copyrights and/or patents, shall
belong to the student, even if the student used the time, facilities, materials of the AGENCY
unless otherwise stipulated in a separate agreement between the student and his or her parent
or guardian and the AGENCY.
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 AGENCY, unless otherwise stipulated in a separate agreement between the
student and his or her parent or guardian and the AGENCY.
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VII. OTHER PROVISIONS

It is expressly understood by the PARTIES that the AGENCY is not obliged to pay wage or
salary since no employer-employee relationship exists between them. However, the AGENCY 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 employee’s conduct, with the control test generally assuming
primacy in the overall consideration.

No employer-employee relationship exists between the student and the partner in the work
immersion if all the following criteria are met:

1. The training, even though it includes actual operation of the employer’s 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 a job with the employer that offers the program;
7. The screening process for the immersion program is not the same as that 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.

This Agreement may be revised, amended, or modified only though a written instrument duly
executed and signed by all parties.

FOR THE SCHOOL: FOR THE AGENCY:

RAHIMA J. SAHIRON, PhD, MAN, RN JAIL INSPECTOR, KAGUI U. BUDI


Vice-President for Academic Affairs OIC Warden

WITNESSED BY:

KUMALAH H. YUSOP __________________


SHS Coordinator/Principal Administrative Officer

STEVEN D. IDOL
GAS Coordinator

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