ANNEX D: MOA TEMPLATE FOR TBFPs

24May2017v.1
TALUSAN BUREAU OF FIRE PROTECTION

MEMORANDUM OF AGREEMENT FOR WORK IMMERSION PARTNERSHIP

This Memorandum of Agreement is entered into this 5TH day of December, 2017 in
Poblacion Talusan Zamboanga Sibugay, by and between:

The Talusan National High School, with School Identification Number 303870 a public
high school, with principal address at Poblacion Talusan, Zamboanga Sibugay,
represented in this Agreement by its Principal, ANGIE A. REGULACION, Filipino of
legal age, and hereinafter referred to as the SCHOOL;

-and-

The Municipality of Talusan Province of Zamboanga Sibugay, of the Republic of the

Philippines, with principal address at Poblacion, Talusan Zamboanga Sibugay, and
represented in this Agreement by its Chief, JEFFRY LACAY, of legal age, hereinafter
referred as the ‘’TBFP’’.

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
nonformal 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, 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, 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, DepEd will start full implementation of SHS in School Year 2016-2017;

WHEREAS, the SCHOOL is among those that will offer SHS to students 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 TBFP;

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WHEREAS, the TBFP 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 institutionalization and implementation of the K to 12 program is

among the priority programs of the Government for promoting inclusive growth;

WHEREAS, the TBFP is encouraged to fully support the successful implementation of

the K to 12 Program of the Department of Education as stated in Paragraph 4, Section 2
of the Republic Act 9155 or ‘’Governance of Basic Education Act 2001’’;

WHEREAS, the TBFP recognizes the need for a work immersion environment that is
safe for the student and teachers, and conducive to learning, and has the capability to
provide these;

WHEREAS, the SCHOOL and the TBFP, hereinafter collectively referred to as

“PARTIES”, undertake to collaborate toward the successful implementation of the SHS
in Poblacion, Talusan, Province of Zamboanga Sibugay 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 follows:

DESCRIPTION OF THE WORK IMMERSION PROGRAM

With the passage of the Enhanced Basic Education Act of 2013 or Republic Act 10553,
DepEd was tasked to implement the K to 12 Program, essentially adding two (2) years
of specialization within the Basic Educational System;

DepEd designed the implementation of RA 10533 within the framework of increased

community involvement in the learner’s experience;

With the premise, 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 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 learned
in school
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

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I. OBJECTIVES OF THE WORK IMMERSION PARTNERSHIP

The Work Immersion Partnership has the following objectives:

1. To supplement the curriculum of the SHS program with special inputs

coming from the TBFP 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

TBFP, allowing the students, faculty, and staff of the schools concerned
the use of and access to the TBFP workplace and equipment as part of
their Work Immersion Program.

II. RESPONSIBILITIES OF THE PARTIES

A. Joint Responsibilities

Both the SCHOOL and the TBFP 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 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 (Guidelines).

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.(See Annex A and Annex C of the Guideline.)

5. Develop a Work Immersion Daily Schedule of Activities that will

followed by the student during the whole duration of the work
immersion in the TBFP. (See Annex C of the Guidelines.)

6. Formulate local school work immersion policies and guidelines on

selection, placement, monitoring, and assessment of student
(immersion participants to ensure that each student is assigned to an
immersion partner matched to his/her desired track, qualifications, and
aptitude.
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B. Responsibilities of the SCHOOL

The SCHOOL shall:

1. Identify and indicate the SHS track/s, strand/s, and/or specialization/s

that will be the subject of the partnership.

2. Make the needed adjustments to contextualize the SHS subjects

based on inputs from the TBFP.

3. Designate a person in charge of coordinating, with the TBFP 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 SHS 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 students are meaningful, challenging, and applicable to his/her
particular programs and are able to maximize the quality of the
learning experience.

7. Provide the TBFP 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 nondisclosure policies of the
TBFP as agreed to by the School.

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

11. Provide the TBFP 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 TBFP.

C. The TBFP shall:

1. Assign a competent Immersion Coordinator from the TBFP to liaise

with the School and supervise the students without prejudice to the
special parental authority of the school, its administrations 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.

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3. Lend its expertise by making available its resident resource persons to

provide training to the students.

4. Allow the student to be deployed to the different Offices of the TBFP

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. (See Annex A of the Guidelines.)

6. Provide immersion opportunities for 5 students for School Year 2017-

2018.

7. Provide students with an orientation about the TBFP, the job as well as
expose them to the various stakeholders of the community in which it
operates for the students to get a holistic understanding of the TBFP.

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 (Annex C of the Guidelines).

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’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 Completion to the student trainees upon

satisfactory compliance with all requirements of the program.

12. Execute a deed of donation in favour of DepEd for the completed Work
Immersion Partnership.

III. EFFECTIVITY
This agreement shall hold for the duration of the 2017-2018 Academic
School Year and is renewal every year. The TBFP 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 TBFP and the SCHOOL reserve their respective rights to terminate
their participation in the agreement after the duration of this Agreement
through formal written notice within thirty (30) days before the affectivity of the
termination. Both parties 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.

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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 TBFP during the
duration and after the termination of this agreement.

V. NONDISCLOSURE PROVISION

It is 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 TBFP 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 TBFP and thereby
each student hereby undertakes to prevent transfer of such information by
any of its members to any party outside of the TBFP.

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

Intellectual properties developed by the student outside of his or her

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

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 TBFP, unless otherwise
stipulated in a separate agreement between the student and his or her parent
or guardian and the TBFP.

VII. OTHER PROVISIONS

It is expressly understood by the PARTIES that the TBFP is not obliged to

pay wage or salary since no employer-employee relationship exists between
them. However, the TBFP is not precluded from providing the student with

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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 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 acknowledgeable 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.
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 TBFP:

ANGIE A. REGULACION JEFFRY LACAY

School Principal TBFP CHIEF

WITNESSED BY:

HEIDILYN S. LAYOS ________________

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