MEMORANDUM OF AGREEMENT FOR WORK IMMERSION PARTNERSHIP

This memorandum of agreement is entered into this _14th day of November 2017 in General
Santos City, by and between:

The ELIAS BUSCANO SR. HIGH SCHOOL, with School Identification Number 317004 a public high
school, with principal address at PUROK BALSINANG, OLYMPOG, GSC, represented in this
Agreement by its SCHOOL HEAD, TEOFILO M. PALMA, FILIPINO of legal age, and hereinafter
referred to as the SCHOOL;

-and-

WINCH MECHANICAL INNOVATIONS AND GENERAL, CONSTRUCTION, INC., duly constituted

and registered in the Philippines, with principal address at PUROK MASIGASIG, TAMBLER,
GENERAL SANTOS CITY, represented in this Agreement by its PRESIDENT-GENERAL MANAGER,
SAMUEL L. SIA, FILIPINO, of legal age, hereinafter referred to as the “COMPANY”,

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, program and project in the areas of formal and non-formal basic education;
supervise all elementary and secondary education institutions, including alternative learning
system, 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 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 partnership that will provide the school the necessary expertise and venue
for practical, on-the-job, enterprise-based training for SHS learner.
WHEREAS, the DepEd will start full implementation of SHS in School Year 2016-2017;
WHEREAS, the SCHOOL is among those that will offer SHS to student in the community to carry
out DepEd’s objectives for SHS as spelled out above;
WHEREAS, to achieve this objective, the SCHOOL needs to enter into a Work Immersion
Partnership with the COMPANY;

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WHEREAS, the COMPANY operates in the area where the 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;
WHEREAS, the COMPANY considers going into a work immersion partnership with the School
as parts of its mission to create a positive impact on the community, especially the young
people;
WHEREAS, the COMPANY may avail 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 SCHOOL and the COMPANY, hereinafter collectively referred to as “the parties”,
undertake to collaborate for the successful implementation of the SHS in General Santos City
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 forgoing 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 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 RA 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 RA 10533 and, the same offer, 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 familiarized with the work-related environment related to their field of the
specialization. Specifically, the students are able to;
1. Gain relevant and practical industrials skills under the guidance of industry experts and
workers;
2. Appreciate the importance and application of the principles of theories taught in the
classroom;
3. Enhance their technical knowledge and skills;
4. Prepare them to meet the needs and challenges of employment, entrepreneurship, or
higher education after their graduation.

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I.OBJECTIVES OF THE WORK IMMERSION PARTNERSHIP
The work Immersion Partnership has the following objectives:
1. To the supplement the formal curriculum of the SHS program with special inputs coming
from the COMPANY experts and practitioners in order to make the SHS program aligned
and consistent 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 giving them exposure to the
actual workplace setting.
4. To form Work Immersion Partnership between SCHOOL and the COMPANY, student,
faculty, and staff of the schools concerned will be allowed the use of and access to the
COMPANY workplace and equipment as part of their Work Immersion Program.

II. RESPONSIBILITES OF THE PARTIES

A. Joint responsibilities

Both the SCHOOL and the COMPANY shall:

1. Create a joint working group that will prepare the action plan to operationalize the
partnership.
2. From 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, memoranda and circulars pertaining to child protection.
4. Develop the student’s Work Immersion module specifying goals and objectives,
desired outcomes of the program and how these outcomes will be achieved, also
nothing 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
students during the whole duration of the Work Immersion Program.
6. Formulate local school work immersion policies and guidelines on selection,
placement, monitoring, and assessment of students (immersion participants), in
order 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 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 COMPANY.
3. Designate a person who will be in-charge of coordinating with the COMPANY and
supervising the activities of the students for the duration of the Work Immersion
Program.

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 4. 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.
5. Monitor each student’s progress throughout the duration of the entire work
immersion program so as to make sure that the task 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.
6. Provide the COMPANY an evaluation tool for the student’s immersion performance.
7. Issue a final grade to the student upon completion of the requirements within a
prescribed period.
8. Ensure that the student will adhere to the non- disclosure policies of the COMPANY
as agreed to by the school. (See Annex F)
9. Provide signed consent forms from the parents as applicable. (See Annex G)
10. Provide the COMPANY a certificate of participation in the SHS program for whatever
purpose it may serve.
11. Execute a deed of acceptance as a way of recognizing and acknowledging the
donation/s received from the COMPANY.
12. Review, a facilitate and endorse the application of the COMPANY 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. The Company shall:

1. Assign a competent immersion coordinator from the COMPANY 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 company 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 20 students for School Year 2017-2018.
7. Provide students with an orientation about the COMPANY, its line of business, and the
work its employees do, and expose them to the various stakeholders of the community
in which the COMPANY operates for the student to get a holistic understanding of its
business.
8. Similarly ensure that students undergo training related to their course, and provide the
students with work or activities that are varied and applicable to their field of study.
9. Make its workplace and facilities available to students, and shall similar take all
necessary action to insure 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’s), 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 Certificate of Completion to the student trainees upon satisfactory
compliance with all requirements of the program.

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 12. Execute a deed of donation in favor of DepEd 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 COMPANY.

III. EFFECTIVITY

This agreement shall hold for the duration of the 2017 to 2018 Academic School Year
and is renewable every year. The COMPANY and the SCHOOL shall submit their intention for
renewal of this agreement through formal notice within thirty (30) days before the expiration of
this Agreement.

The COMPANY and the SCHOOL reserve their respective rights to terminate their participation
in the agreement through formal written notice within (30) days before the effectivity of the
termination. Both parties shall turnover all deliverables agreed thereto in the Work Immersion
Program. Termination shall be subject to the mutual agreement between the parties.

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.

DepEd shall not be liable for opportunity losses of the Company during the duration and after
the termination of this agreement.

V. NON-DISCLOSURE PROVISION

It expressly understood by DepEd 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 Company shall make available
to them shall be used for the sole purpose of the student training. All of these matters are
classified as confidential in nature and proprietary to the Company and there by ach student
here by under takes to prevent transfer of such information by any of its members to any party
outside of the Company.

VI. OTHER PROVISIONS

It is expressly understood by the PARTIES that the Company is not obliged to pay wage
or salary since there is no employer-employee relationship that exist. However, the Company is
not precluded from providing the student with any monetary or financial assistance in the form
of transportation fee, food allowance, etc.

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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 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 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.

FOR THE SCHOOL: FOR THE COMPANY:

TEOFILO M. PALMA Engr. SAMUEL L. SIA

School Head President- General Manager
ELIAS BUSCANO SR. HIGH SCHOOL WINCH MECHANICAL INNOVATIONS AND
GEN. CONSTRUCTION INC.

WITNESSED BY:

SALEMNEIL L. DERIT MILA C. SIA

SHS Coordinator Accounting Head

Engr. RICO MONTES

Project Engineer

APPROVED BY:

GILDO G. MOSQUEDA, CEO VI

Schools Division Superintendent
GENERAL SANTOS CITY DIVISION

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 ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)

CITY OF GENERAL SANTOS ) ss.

BEFORE ME this _________________ ______________________, personally appeared:

Name CTC No./Passport No. Date and Place Issued

(DepEd Representative)
TEOFILO M. PALMA

(Company Representative)
ENGR. SAMUEL L .SIA

Known to me and to me known to be the same persons who executed the foregoing
instruments, and they acknowledged to me that the same is their free and voluntary act and
deed. This Memorandum of Agreement consist of ____7______ pages including this page in
which this acknowledgement is written, signed by the parties in their instrumental witnesses
each and every page thereof.

WITNESS MY HAND AND NOTARIAL SEAL, on the date at the place first written above.

NOTARY PUBLIC

Doc. No.__________
Page No.__________
Book No.__________
Series of 2017.