MEMORANDUM OF AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement is made and entered into this _____ day of July, 2022
by and between:

BICOL UNIVERSITY, a state university created and existing by virtue of Republic Act
No. 5521, as amended, with principal office address at Rizal Street, Legazpi City, represented in
this instance by its president, Dr. Arnulfo M. Mascariñas, and hereinafter referred to as “BU”;
-and-
DMCI MASBATE POWER CORPORATION, a corporation duly organized and existing by
virtue of and under the laws of the Republic of the Philippines with principal plant site address at
Barangay Tugbo, Mobo, Masbate, represented herein by its PLANT MANAGER, MR.
RONALDO A. ENDAYA, hereinafter referred to as the; “Host Training Entity/HTE”.
WITNESSETH: THAT
WHEREAS, the mission of Bicol University (BU) pursuant to its Charter is to give
professional and technical training, and provide advanced and specialized instruction in
literature, philosophy, the sciences and arts, besides providing for the promotion of scientific and
technological researches;
WHEREAS, in the pursuit if its mission, BU is mandated to promulgate and implement
programs, projects, and activities (PPAs) in accordance with the declared state policies on
education and other provisions of the Philippine Constitution on education, science and
technology, arts, culture, and sports, as well as the policies, standards and thrusts of the
Commission on Higher Education (CHED);
WHEREAS, pursuant to Section 3 of CHED Memorandum Order No. 104, series of
2017, or the Revised Guidelines for Student Internship Program in the Philippines (SIPP) for All
Programs, CHED shall require student internship and establishment by HEIs of strong academic
linkages with business, industry and duly recognized government and non-government
organizations to promote and provide students with competitive skills and attitude for
employment.
WHEREAS, Section 4 of republic Act No. 8292, otherwise known as 1997 Higher
Education Modernization Act, State Universities and Colleges (SUCs) through their respective
Board of Regents (BOR) are authorized to develop linkages with other institutions and agencies,
both public and private, local or foreign, in furtherance of their purposes and objectives;
WHEREAS, in working along its mission and towards its vision, BU acknowledges the
need to develop and further equip its students not only in terms of theoretical knowledge, but
also in terms of practical trainings;
WHEREAS, in realizing these objectives, BU acknowledges the importance of forging
linkage and partnership with other agencies, and also industries that are capable of providing its
students the necessary expertise and the required venue for practicum trainings or immersions
that are most suitable and relevant to their area of specialization;
WHEREAS, DMCI Masbate Power Corporation, DMCI Holdings Inc. has entered the
power generating sector as part of its commitment to aiding in the economic and social growth of
the nation by supplying a dependable and sustainable supply of energy to the Philippines'
neglected areas. DMCI Holdings Inc. has entered the power generating sector as part of its
commitment to aiding in the economic and social growth of the nation by supplying a
dependable and sustainable supply of energy to the Philippines' neglected areas. In order to own,
run, and construct power plants in the province of Masbate, DMCI Masbate Power Corporation
(DMPC) was established. DMPC now manages and maintains diesel generator sets and bunker-
fired power plants. Additionally, DMPC has a 15 MW thermal power plant that burns domestic
coal for fuel. While the current 41.69 MW capacity will act as a backup to supplement the supply
during peak hours, the produced capacity will act as the base-load power plant., DMPC finally
assumed control of the power supply operations and duties on the island of Masbate. It started
conducting business on July 26, 2010.;
WHEREAS, BU and DMCI Masbate Power Corporation have agreed to forge a
linkage program to be known as On-the-Job Training, to help and give the students the necessary
training that they can use in the chosen profession; 2 BS Mechanical Engineering Students listed
are to undergo On-the-Job Training for 240 hours:
1. Rozel M. Bonaobra II
2. Kester Cesar N. Ramos

NOW THEREFORE, for and in consideration of the foregoing premises and the
covenants herein set forth, BU hereby agrees and binds with DMCI Masbate Power
Corporation to extend full support and allow the use of its facilities, access to professional
services of experts during the actual or on-site practicum training and immersions.

I. TERMS AND CONDITIONS OF THE PROGRAM

A. Part of the curriculum requirements of BU for the program Mechanical

Engineering is the satisfactory completion of a 240-hour practicum or On – the-
Job Training or Work Immersion, whereby the students are given the opportunity
to complement their formal learning with practical knowledge, skills and
desirable attitudes, and to gain hands on experience in the actual work setting;

This is generally the description of the training or work immersion program. You may
include here matters such as but not limited to:
a) Relate theories earned in school to the actual technical and/or practical
solutions to industrial problems
b) Become familiar with a variety of industrial plant and manufacturing
operations.
c) Develop a responsible attitude and self-motivation through the systematic
handling of tasks in design and other activities relevant to Mechanical
Engineering
d) Develop good human relations in industrial operations
e) Build connections to several professionals, for future interdisciplinary
collaborations.

II. DUTIES AND RESPONSIBILITIES OF PARTIES

A. BICOL UNIVERSITY

i. BU shall ensure that the university and concerned academic program or

unit are compliant with all the requirements prior to the deployment of its
students to their designated practicum sites, and the reportorial
requirements after the termination of the training or work immersion
program;
ii. BU, through the concerned faculty shall be responsible in overseeing or
monitoring its student-interns for the entire duration of the training or
immersion program. It shall then be the responsibility of the concerned
 faculty to timely inform or report to the BU administration any issue,
concern or incident arising from or in connection with the
Internship/OJT/Work Immersion Program;
iii. BU shall hold harmless the HTE against any and all claims, demands, suits
or loss, including all costs connected therewith, and for any damages if it
is proven that the cause did not arise from or is not connected with the
activities covered by this agreement, and/or the cause was solely
attributable to the fault or negligence of the student or any representative
of BU;
iv. BU, through the concerned faculty shall insure that the student-interns
assigned to the herein HTE observe the following:
a. Submission of all the documents required from them prior to the
conduct of the training or immersion program, including but not
limited to a notarized consent from his or her parents or guardian;
b. Strict compliance of the rules and regulations imposed by the HTE,
particularly those that are relative to the conduct of the training or
immersion;
c. Strict observance of the date and time of actual training or
reporting to practicum site;
d. Confidentiality of all information or data disclosed to or received
by him or her in the course of the internship/OJT/work immersion
program;
v. BU shall be responsible for calling the attention of any student-intern in
case of violation on the part of its student, and shall be responsible for
imposing the appropriate action warranted under the given circumstances.

B. HOST TRAINING ENTITY (HTE)

i. The HTE shall designate or assign a focal person from their end who shall
be directly communicating or coordinating with the BU faculty concerned
as regards the implementation of the internship/OJT/work immersion
program;
ii. The HTE shall communicate its acceptance of the student-interns referred
to it for purpose of internship/OJT/work immersion program;
iii. The HTE shall ensure that the works or trainings given to the student-
interns of BU are in accordance with the approved and agreed internship
workplan, and supplement the same with related theoretical instruments
based on the agreed program;
iv. The HTE shall conduct an orientation on the implementation of the
internship in their site, their existing rules and regulations, and all matters
related thereto. During the conduct of the orientation, student-interns shall
be given opportunity to raise questions or clarify matters pertaining to the
internship;
v. The HTE shall ensure that conditions of the actual work site are safe prior
to the start of the training.
vi. The HTE shall ensure that its designated focal person shall closely
coordinate with BU through the concerned faculty, and shall immediately
report to the latter any issue or concern particular to the performance and
attitude of the student-intern, or any untoward incident that may arise in
the course of the internship,
vii. HTE shall hold harmless BU against any and all claims, demands, suits or
loss, including all costs connected therewith, and for any damages if it is
proven that the cause was solely attributable to the fault or negligence of
its personnel, regardless of the said personnel’s employment status;
 viii. HTE shall issue a Certificate of Completion in favor of the student-intern/s
not later than one (1) week upon satisfactory completion by the student-
intern of the required number of training hours.

III. NON-DISCLOSURE PROVISION

BU and its student-trainees shall hold in strict confidence any data or information
which they may obtain during the course of their training. Further, the information
shall not be disclosed to any person or party without prior written consent from the
HTE. The same prohibition on disclosure and condition for disclosure shall apply
even after the conclusion of this agreement.

In the event that the HTE requires the signing and execution of a separate and
customized Non-Disclosure Agreement, the HTE agrees to furnish BU a copy of the
draft of the agreement for review of their Legal Officer, prior to the date of its
signing.

IV. INTELLECTUAL PROPERTY RIGHTS PROVISION

The herein parties agree that ownership of any intellectual property that is created or
is developed by any party in the course of the internship shall be governed by the
provisions of the applicable Intellectual Property laws of the Philippines.

V. AMENDMENT

Any modification, addition, and/or amendment to the terms of this agreement shall be
done in writing and signed by all parties.

VI. DISPUTE

Any complaint of an aggrieved party shall be settled amicably through means allowed
under the existing laws. In the event that a particular dispute remains unsettled
between the parties, resort to Grievance Machinery as referred to in the governing
CHED Order may be resorted to.

VII. TERMINATION

This agreement may be pre-terminated by any party for violation of any of the terms
and conditions herein specified or for any justifiable ground, subject to the service
upon the other party of a written notice to that effect at least fifteen (15) days prior to
the intended date of termination.

VIII. EFFECTIVITY CLAUSE

This agreement shall take effect on ________________________, and shall remain in

force and effect for a period of ______ unless earlier terminated.

IX. SEPARABILITY CLAUSE

 In the event that any provision of this MOA subsequently declared unconstitutional or
illegal, the part or provisions thereof not affected and can stand in the absence of the
affected provisions, shall remain in effect.

X. OTHER PROVISIONS

1. It is expressly understood by the herein PARTIES that there is no employer-

employee relationship between them, and that the HTE is not obliged to pay wage
or salary to the student intern of BU. However, the HTE is not precluded from
providing the student with any monetary or financial assistance in the form of
transportation fee, food allowance, or any form it deems just and appropriate;
2. It is understood that student-interns of BU are not entitled to a job of whatever
status or nature, at the end of the training or work immersion program. Likewise,
the HTE is not entitled to hold the student-interns of BU at the end of the training;
3. Student-interns may refuse to perform a task when there is a reasonable belief that
the task being given is violative of the agreement, the internship plan, or any
existing laws or regulations, or will in any way endanger him or her or another
person;
4. BU and the herein HTE shall observe strict compliance with the safety health
protocols imposed and being implemented by the LGU concerned, IATF and
other Government Agencies, such as DOH and CHED in the prevention and
mitigation of COVID-19 cases;
5. In the event that the trainee contracted COVID during the course of the training,
the parties shall follow the protocols being implemented particularly on the
reporting and monitoring mechanism, and the parties agree to come up with
acceptable solution and strategy on the implementation of the internship as far as
the infected student is concerned.

IN WITNESS WHEREOF, I have hereunto set my hand this _____________, _____ in

Legazpi City, Philippines.

For: BICOL UNIVERSITY For: DMCI Masbate Power Corporation

ARNULFO M. MASCARIÑAS RONALDO A. ENDAYA

SUC President IV Official Management Representative

Witnesses:

ENGR. JOSEPH S. DEL VILLAR RYAN F. YANSON

OJT Coordinator Human Resource Department Head

ACKNOWLEDGEMENT
BEFORE ME, a notary public, for and in the above jurisdiction, personally appeared:
NAME I.D. NO. DATE/PLACE OF ISSUE
_________________________________
ARNULFO M. MASCARIÑAS
personally known to me and known to be the same persons who executed the foregoing
instrument which they signed and acknowledged before me as their free and voluntary act and
deed and the entities which they represent. The foregoing instrument relates to a
MEMORANDUM OF AGREEMENT consisting of six (6) pages, including this page on which
this acknowledgement is written, and has been signed at the bottom and on left margin of the
first page thereof, by the parties and their instrumental witnesses, and sealed with my notarial
seal.
IN WITNESS WHEREOF, I have hereunto set my hand this _____________, 202__ in
Legazpi City, Philippines.

Doc No._________;
Page No.________;
Book No.________;
Series of 2022__.