MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement (“Agreement”) made and entered by and

between:

The CLASSIC BAKER CORPORATION, existing under

the laws of Republic of the Philippines, with office address at
Cindy’s Commissary, Romulo Highway Brgy. Tibag, Tarlac City,
represented by its Human Resources Manager, MR. ANDY C.
MAGPAYO, and hereinafter referred to as the “FIRST PARTY;”

-and-

The TIBAG HIGH SCHOOL, a public high school with

principal address at Barangay Tibag, Tarlac City, Tarlac,
represented by its Principal, RUBY ANA T. PINEDA, and
hereinafter referred to as the “SECOND PARTY;”

Both parties are collectively referred to as the

“PARTIES.”

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, DepEd has introduced the K to 12 basic education reform

program that includes Senior High School (SHS). With the major objective of
ensuring that graduates of basic education are ready for employment,
entrepreneurship and higher learning;

WHEREAS, DepEd believes that for the effective delivery of SHS

instruction, there is a need for school-industry partnerships that will provide the
school necessary expertise and venue for practical, on-the-job, enterprise-based
training for SHS learners;

WHEREAS, DepEd has started full implementation of SHS during the

School Year 2016-2017;

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 WHEREAS, the SECOND PARTY is among those that will offer SHS to
students;

WHEREAS, to achieve this objective, the SECOND PARTY needs to enter

into a Work Immersion Partnership with the FIRST PARTY;

WHEREAS, the FIRST PARTY has offices, facilities, project sites, and
expertise that it can make available to the SECOND PARTY for purposes of Work
Immersion Partnership

WHEREAS, the SECOND PARTY considers going into a Work Immersion

Partnership with the FIRST PARTY as part of its mission to create a positive
impact on the community, especially the young people; and

WHEREAS, the PARTIES undertake to collaborate for the successful

implementation of the SHS in Tarlac;

NOW, THEREFORE, for and in consideration of the foregoing premises, the

PARTIES hereby agree as follows:

Section 1. 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 FIRST PARTY’S experts and practitioners in order to
align the SHS program with work standards;
2. To instill to the students needed knowledge and skills in order for them to
be competitive in the work place;
3. To provide SHS students relevant learning experiences by exposing them
to the actual workplace setting; and
4. To form Work Immersion Partnership between the FIRST PARTY and the
SECOND PARTY.

Section 2. Responsibilities of the FIRST PARTY

The FIRST PARTY shall:

1. Provide specific areas within the Cindy’s Commissary (“venue”) where the
students of the SECOND PARTY can conduct their work immersion;
2. Assign a competent Immersion Coordinator, from the staff of the venue, to
liaise with the SECOND PARTY and supervise the students without
prejudice to the special parental authority of the SECOND PARTY, its
administrators, and teachers, for the duration of the Work Immersion
Program so as to ensure efficient implementation of the Work Immersion
Program;
3. Provide inputs into the curriculum through the discussions or workshops
to be organized by DepEd;

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 4. Lend its expertise by making available the FIRST PARTY’S resident
resource persons to provide training to the students;
5. Allow the students of the SECOND PARTY to be deployed to the different
sections/departments/project sites of the venue based on the Work
Immersion Daily Schedule of Activities provided by the SECOND PARTY;
6. Allow students to undergo the required hours of the Work Immersion
Program set under the DepEd SHS curriculum;
7. Provide immersion opportunities for fifteen (15) students for School Year
2019-2020;
8. Provide students with an orientation about the FIRST PARTY, its line of
business, and the work being done by its employees, and expose the
students to the various stakeholders of the community in which the FIRST
PARTY operates for the students to get a holistic understanding of the
FIRST PARTY’s work processes;
9. Ensure that students undergo training related to the Information and
Communication Technology (ICT) Technical and Vocational Livelihood
(TVL) Track, and provide the students with work or activities based on
the activities listed in the prescribed template for the Immersion Program
of Activities;
10. Make its workplace and facilities available to students and faculty-in-
charge;
11. 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 Work Immersion;
12. Evaluate students’ performance in the immersion venue by accomplishing
provided evaluation tool;
13. Not be obliged to remunerate the students or afford him/her benefits
usually given to its regular employees other than those voluntarily given,
as there exists no employer-employee relationship between the FIRST
PARTY and students; and
14. Issue a certificate of Completion to the student trainees upon satisfactory
compliance of all requirements of the program.

Section 3. Responsibilities of the SECOND PARTY

The SECOND PARTY shall:

1. Provide a list indicating the names of the students to be deployed;

2. Identify and indicate the SHS track/s, strand/s and/or specialization/s
which will be the subject of the partnership;
3. Make the needed adjustments to contextualize the SHS based on inputs
coming from the FIRST PARTY;
4. Designate a person who will be in-charge of coordinating with the FIRST
PARTY and supervising the activities of the students for the duration of the
Work Immersion Program;

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 5. Deploy fifteen (15) students to the venue of the Work Immersion;
6. Provide insurance coverage for learners during Work Immersion Program;
7. Continue to exercise its Special Parental Authority under the Family Code
over the SHS student under immersion on the premises of the FIRST
PARTY;
8. Monitor each student’s progress throughout the duration of the entire
Work Immersion Program;
9. Provide FIRST PARTY an evaluation tool for the student’s immersion
performance;
10. Issue a final grade to the student upon completion of the requirements
within the prescribed period;
11. Ensure that the student will adhere to the nondisclosure policies of the
FIRST PARTY as agreed to by the SECOND PARTY, as well as to the
pertinent provisions of this Agreement;
12. Provide signed Consent forms from the students’ parents. Absence of this
parental consent duly executed will give the FIRST PARTY the right to
refuse the student into its premises; and
13. Provide the FIRST PARTY a Certificate of Participation in the SHS program
from whatever purpose it may serve.

Section 4. Responsibilities of the PARTIES

The PARTIES 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 Agreement are met;
3. Adhere to all laws, memoranda and circulars pertaining to child protection
in accordance with the Guidelines of Work Immersion under DepEd Order
No. 30 s. 2017;
4. Develop a Work Immersion Daily Schedule of Activities that will be
followed by the students during the whole duration of the Work Immersion
Program; and
5. Formulate local school Work Immersion policies and guidelines on
selection, placement, monitoring, and assessment of students (Immersion
participants), to ensure that each statement is assigned to an Immersion
Partner matched to his/her desired track, qualifications and aptitude.

Section 5. Other Provisions

No employer-employee relationship exists between the students of the

SECOND PARTY and the FIRST PARTY in Work Immersion. In addition to that, the
participation in the Work Immersion Program does not imply any future
employment rights to the SECOND PARTY’S students. The FIRST PARTY neither
represents nor implies any obligation to the students upon completion of the
training.

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 Also, it is expressly understood by the PARTIES that the FIRST PARTY is
not obliged to pay wage or salary to the students since there is no employer-
employee relationship that exists between them.

Section 6. Liabilities

The SECOND PARTY, its administrator and teachers exercising authority

and supervision over the SHS student undergoing immersion in the premises of
the FIRST PARTY may be held accountable for the student’s acts.

Each PARTY shall answer solely for losses and damages arising from any
accident, act, or omission directly attributable to their own fault or negligence.
However, neither PARTY shall be considered liable in case this Agreement be
discontinued on the account of force majeure, or as a result of implementation of
a government policy.

Section 7. Non-Disclosure Provision

It is expressly understood by the SECOND PARTY and the students that all
information on technology, process standards, quality assurance methodologies,
quality standards, finance and all other related documents, manuals, operational
and technical matters that the FIRST PARTY 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 FIRST PARTY and thereby each student
hereby undertakes to prevent transfer of such information by any of its members
to any party outside of the FIRST PARTY.

Section 8. Ownership of Output and Intellectual Property

Intellectual properties developed by the student as part of his or her

regular Work Immersion duties in the FIRST PARTY and their corresponding
copyrights and/or patents shall belong to the FIRST PARTY.

Intellectual properties developed by the student outside of his or her

regular Work Immersion duties in the FIRST PARTY and their corresponding
copyrights and/or patents shall belong to the student, even if the student used the
time, facilities, and materials of FIRST PARTY, unless otherwise stipulated in a
separate agreement between the student and his or her parent or guardian with
the FIRST PARTY.

Section 9. Effectivity, Duration and Termination

This Agreement shall hold for the duration of 2019-2020 Academic School
Year and is renewable every year. The PARTIES shall submit their intention for
renewal of this Agreement through formal notice within thirty (30) days before
the expiration of this Agreement.

The PARTIES reserve their respective rights to terminate their

participation in the Agreement through formal written notice within thirty (30)
days before the effectivity of the termination. Termination shall be subject to the
mutual agreement between the PARTIES.
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 A material breach of the Work Immersion Guidelines and/or this
Agreement shall constitute a ground for termination of this Agreement, in whole
or in part, by the aggrieved party, without prejudice to other legal remedies.

Section 10. Amendment, Modification, Addition or Deletion

Any substantial amendment, modification, addition, or deletion on any

provision of this Agreement shall be agreed upon by both PARTIES in writing and
with the approval of their respective Boards.

Section 11. Dispute Resolution

This Agreement shall be governed by and construed in accordance with the

laws of the Philippines. Any dispute arising between the PARTIES shall be settled
under Arbitration Law of the Philippines (Republic Act No. 9876). Should any of
the PARTIES be compelled to seek judicial relief against the other for violation of
the terms and conditions herein provided, shall be brought only in the proper
courts of Tarlac City.

CLASSIC BAKER TIBAG HIGH SCHOOL

CORPORATION

ANDY C. MAGPAYO RUBY ANA T. PINEDA, PhD.

Human Resources Manager Principal II
Classic Baker Corporation Tibag High School

Signed in the presence of:

DANIEL JOSHUA L. SAMSON JUANITA M. SALVATIERRA

Human Resources Assistant SHS Focal Person
Classic Baker Corporation Tibag High School

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 ACKNOWLEDGEMENT

Republic of the Philippines )

Tarlac City, Philippines ) S.S.

BEFORE ME, a NOTARY PUBLIC, for and in the above jurisdiction, this ______ day
of _____________, 2020, personally appeared:

Name Valid I.D. No. Place/Date of Issue

ANDY C. MAGPAYO
RUBY ANA T. PINEDA

Known to me to be same persons who executed the foregoing instrument

and acknowledge to me that the same is their free and voluntary act and deed.

The foregoing instrument refers to a Memorandum of Agreement of seven

(7) pages including page wherein the Acknowledgement is written and signed by
the parties and two witnesses.

WITNESS MY HAND AND NOTARIAL SEAL, this ____ day of

__________________ 2020 at ___________________________________.

Doc. No.__________ NOTARY PUBLIC

Page No.__________
Book No.__________
Series of 2020

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