MEMORANDUM OF AGREEMENT

KNOW ALL BY MEN BY THESE PRESENTS:

This Memorandum of Agreement is made and entered into by and

between:

The ___BAI HOTEL________, an organization existing under and by virtue

of the laws of the Republic of the Philippines, with office address at OUANO
AVENUE, cor SENO STREET CITY SOUTH SPECIAL ECONOMIC
ADMINISTRATIVE ZONE, MANDAUE, CEBU represented herein by its
Authorized Representative, MR. ALFRED M. REYES who is duly authorized
to represent the organization in its transaction, hereinafter referred to as the
FIRST PARTY.

-and-
The CEBU TECHNOLOGICAL UNIVERSITY (CTU), an educational
institution duly organized and existing under the laws of the Philippines with
principal office address at R. Palma Street. Cebu City herein represented by DR.
JOSEPH C. PEPITO, University President, hereinafter referred to as the
SECOND PARTY.

WITNESSETH: That-
WHEREAS, the Parties in this agreement intend to establish an Internship
Program that will enable students to acquire valuable skills and gain practical
experience after they have graduated. The primary objective of this agreement
is to provide a platform for students to prepare themselves for the workforce
and increase their employability.
WHEREAS, the Parties desire to set forth the respective rights and
obligations of the Parties with respect to this Agreement;
WHEREAS, the FIRST PARTY is engaged in business/trade that makes it
suitable as a training partner and agrees to accept students of the SECOND
PARTY as trainees in its various facilities in support of the on-the-job
training/practicum training program /industry immersion of the SECOND PARTY;
WHEREAS, the SECOND PARTY is an institution that is in need of a
partner in training its students, with the object of forging Industry-Academe
Linkage to complement existing curricula to match industry demand, agrees to
endorse the students and provide participants in the said program to be trained
in the FIRST PARTY.
NOW, THEREFORE for and in consideration of the following premises,
the FIRST PARTY and the SECOND PARTY do hereby agree and stipulate the
following:

A. The FIRST PARTY shall:

1. (a) Formulate and provide a training plan that includes the contents of the
training proper, the schedule and the activities for each phase for the student-
trainees in cooperation with CTU; and (b) executes the training plan in
accordance with the agreed training period.
2. Assign personnel who will serve as immediate supervisor to the student-
trainees. The student-trainees will be assigned practical and related works along
their area of specialization.
3. Provide General Orientation Program (GOP) to the student-trainees with their
Intern/On-the-Job Coordinator about the FIRST PARTY Background and Profile,
Organization Structure, Rules and Regulations, Code of Discipline and Conduct,
Safety Training, Co-Intern Welfare, 5S Orientation, On-the-Job Training Terms
and Conditions and other topics needed by the student-trainee to comply with
the FIRST PARTY standards.
4. Issue an acceptance letter to the student-trainees (as required by the
SECOND PARTY).

5. Conduct section trainings and involve the student-trainees in activities and

tasks to develop their knowledge, skills, attitude and creative abilities to
become professionals in their field of endeavors.

6. Issue Certificates of Completion to student-trainees who successfully finish

their training under this program;

B. The SECOND PARTY shall:

1. Recommend qualified and competent student-trainees who will undergo the
exposure program taking into consideration the requirements of the FIRST
PARTY in terms of qualification and number of students;
2. Agree to send a list of its student-trainees to the FIRST PARTY with
Acceptance Letter (coming from SECOND PARTY), and Parent’s/Guardian’s
Consent for the student to participate in the On-the-Job Training/ Practicum
Training Program/ Industry Immersion. (Attachment “1”)
3. Designate an On-the-Job Training/Practicum Training Program/ Industry
Immersion Chairman/Coordinator who will be assigned with the following
responsibilities:

3.1. Initial orientation of the student about the rules, proper attitude, and
behavior inside the job-site particularly towards his/her work, co-interns,
and the employees of the FIRST PARTY;
3.2. Formulation of supervised training plan in cooperation with the FIRST
PARTY;
3.3. Monitor attendance of activities and performance of the students
during the exposure program;

4. Provide appropriate insurance coverage to include accidental injuries to

student-trainees during the internship period;
5. Agree to the obligations of confidentiality set out in details as follows:
5.1. All technical or commercial information, e.g. concerning the business
of the FIRST PARTY disclosed or to be disclosed to the SECOND PARTY by
or in behalf of the FIRST PARTY in connection with this agreement will be
received and held in confidence by the SECOND PARTY unless and until
the FIRST PARTY gives written approval for release of confidentiality.

5.2. The SECOND PARTY will take all reasonable necessary steps to
prevent disclosure of the technical or commercial information and others
without prior written consent from the FIRST PARTY.

C. Conflict/Grievance Resolution Process

 In case of any breaches, violations, or concerns related to the Internship
Program, Memorandum of Agreement (MOA), and Non-Disclosure Agreement
(NDA), the Company's representative and CTU's OJT Coordinator must have a
meeting immediately to discuss and come up with an acceptable resolution. If
the matter affects the student-intern's welfare, they should also be included in
the discussion. All parties involved must make every effort to resolve the issue
amicably. However, if the case is sexual harassment, the First Party’s Code of
Discipline will be applied.
If the concern remains unresolved, it should be referred to the Grievance
Committee. The Committee will be composed of the following members:
*First Party - HR Representative;
*First Party - Direct Supervisor/Mentor of the student-trainee;
* First Party - Other Personnel as recommended by the First Party;
*Second Party (CTU) - College Dean;
*Second Party (CTU) - SIPP/Intern Coordinator/Program Chair;
*Second Party (CTU) - GAD representative;
*Second Party (CTU) - SAO representative;
*Second Party (CTU) - University Director for Internship;
*Second Party (CTU) - Legal Office representative.
In the event that a committee member is the subject of a complaint, it is
appropriate to recuse themselves and be substituted by another representative.
The Grievance Committee is authorized to further review any complaints
or grievances from the SECOND PARTY, FIRST PARTY, student intern, and other
stakeholders. The Grievance Committee shall have the responsibility of
resolving any disputes arising from violations of the training agreement or upon
the filing of a complaint by an aggrieved party. The party that has been affected
should promptly notify, through writing, the OJT/Intern Coordinator to arrange
for a discussion at the Grievance Committee level.
If the issue or concern remains unsettled at the Grievance Committee
level or in case the complaint is against a member of the Grievance Committee,
the case shall be referred to the concerned Commission on Higher Education
Regional Offices, as stated in CHED Memorandum Order (CMO) No. 104, Series
of 2017 - Revised Guidelines for Student Internship Program in the Philippines
for All Programs.

D. Violations by the Parties

Breaches committed by the parties to the terms and conditions of this
Agreement shall be subject to the consequences outlined in this MOA, as well as
any relevant legal regulations, orders, and laws of the Republic of the
Philippines.
Here are the violations by the parties as stated in the CHED Memorandum Order
(CMO) No. 104, Series of 2017:
1. Violations by the Higher Education Institution (The SECOND PARTY):
Any Higher Education Institution/SECOND PARTY the that shall be found to have
committed the following violations shall be meted with the appropriate
sanctions provided in Article XII of CMO No. 104, Series of 2017:
a. Sending students for internship without the required government recognition
or Board Resolution Certificate of Program Compliance for said program;
b. Partnering with entities that have no juridical personality;
c. Allowing student interns to undertake SIPP without the signed MOA with the
FIRST PARTY;
d. Allowing student interns to undertake SIPP without a valid internship offer or
contract between the Host Training Establishment/FIRST PARTY and the
students;
e. Making false statements/mis-statements of student records/documents to
make it appear that the student is qualified to undertake SIPP;
f. Demanding from student interns training fees or other charges, not in
accordance with the provisions of CMO No. 3, s. 2012;
g. Failing to provide free medical and dental services and appropriate
insurance coverage;
h. Failing to monitor periodically as stipulated in the internship plan, welfare of
student interns and thus exposing them to situations that may be deemed
as exploitation of the students;
i. Failing to submit required reports to CHED as specified under these
guidelines, particularly on results of pre and post monitoring and evaluation
of student interns and action taken on their grievances and complaints, if
any; and
j. Such other acts similar or analogous to the foregoing that is in violation of
the provisions herein.

2. Violations of Host Training Establishment (The FIRST PARTY)

a. Violation of any of the provisions of the MOA and this CMO;
b. Changing provisions of signed internship contract and/or agreement without
the consent of the student interns and The SECOND PARTY;
c. Non-compliance with prescribed Internship Plans;
d. Placing student interns in internship venues which degrade, debase or
demean the intrinsic worth and dignity of the student intern as a human
being;
e. Withholding practicum reports of student interns without just cause; and
f. Such other acts similar or analogous to the foregoing and activities classified
as human trafficking under R.A. No. 9208 and such other similar issuances
that is in violation of the provisions herein.

3. Violations of Student Interns

a. Any act of gambling, theft and other similar illegal acts;
b. Submitting forged or fraudulent documents;
c. Any act in violation of the SECOND PARTY’s rules and regulations;
d. Any act in violation of the FIRST PARTY’s rules and regulations in accordance
with the internship program; and
e. Any act in violation of the laws of the country.

E. No Employer-Employee Relationship
1. There will be no employer-employee relationship between the FIRST PARTY
and the student-trainees of the SECOND PARTY;

F. Confidentiality and Intellectual Property Rights

1. During the duration of the training and thereafter student-trainees must
not (other than in the proper course of their duties or as may be required
by law);

1.1 Divulge or disclose to any other person or corporation, without the prior
written consent of the FIRST PARTY, any confidential information
relating to each of their respective business or any trade secrets of
which the student-trainees may possess while on training with the
FIRST PARTY or prior thereto;

1.2 Use or attempt to use any such confidential information or any manner
which may cause or be calculated to cause injury or loss to the FIRST
PARTY, or to a related associated corporation, or a supplier or
customer, or any of them.

1.3 All designs, slogan, policies, manufacturing techniques, programs or

devices relating to the business of the FIRST PARTY or its associated
corporation which are discovered, invented, improved, or developed by
the student-trainees during the course of the training (weather during
regular business hours or otherwise) will be the property of the FIRST
PARTY whether conceived or developed by the student-trainee solely or
jointly with others and the student trainee must execute any document
and do all things as may be required by the FIRST PARTY or to assign
the use of such property to the first party, provided that the first party
will bear all costs and expenses related thereto.

G. Effectivity

1. This Memorandum of Agreement shall take effect and in full force for three (3)
years from the date of signing by both parties. The duration for on-the-job
training (OJT) program of each student shall begin and end as indicated in the
approved training plan.

H. Amendments and Pre-termination

1. Any provision of this agreement may be amended after a fifteen (15) day
written notice and consent by both parties herein.

2. The SECOND PARTY reserves the right to withdraw its participation and
agreement upon a thirty (30) day written notice, with or without cause.

3. The FIRST PARTY reserves the right to terminate the training of any student-
trainee who violates Paragraph 3, Section D of this Agreement. The termination
will be effective 15 days after written notice is provided to the SECOND PARTY.
IN WITNESS WHEREOF, the parties hereto have signed this presents on this
30th day of July , 2024.

FIRST PARTY:
By:

MR. ALFRED M. REYES

Authorized Representative

SECOND PARTY:

CEBU TECHNOLOGICAL UNIVERSITY

By:

DR. JOSEPH C. PEPITO

University President

SIGNED IN THE PRESENCE OF:

ROSE MARY L. ALMACEN, Ph.D., REB LOOVERVILLE D. QUIÑO,

MSHRM
Campus Director/College Dean Internship Coordinator

ACKNOWLEDGEMENT
Republic of the Philippines)
__________________________) S.S.

BEFORE ME, this ____ day of _____ 2024, in the ______________, Philippines,
personally appeared:

Name Government Issue ID Place and Date Issued

1.__________________________ _______________________ _________________________

2.__________________________ _______________________ _________________________

known to be the same persons who executed this instrument and they acknowledge
to them that the same are their voluntary act and free will.
This instrument pertains to the Memorandum of Agreement consisting of six
(6) pages, including this page where the Acknowledgement is written and all
attachments hereof, and which has been signed by the parties together with their
witnesses, on each and every page.
 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal at the place and the date stated above.
Doc. No ______
Page No. ______
Book No. ______
Series No. ______

Attachment “1”

The following individuals have been selected as student-trainees for the First
Party's training program:

NAME PROGRAM DURATIO SIGNATURE

N
Brovo, Alyssa Casandra A. BSHM 1400 hours

Internship Coordinator