MEMORANDUM OF AGREEMENT

This Memorandum of Agreement made and executed between: TECHNICAL EDUCATION

AND SKILLS DEVELOPMENT AUTHORITY (TESDA) Regional Training Center – Korea-
Philippines Vocational Training Center (RTC-KPVTC) Davao, a TESDA Technology
Institution (TTI), duly organized and existing under Philippine Laws with office/business address
at Buhisan, Tibungco, Davao City, represented herein by ASHARY A. BANTO (Regional
Director, TESDA XI), hereinafter referred to as the TTI.

and

SKY GARDEN RESORT an enterprise duly organized and existing under Philippine Laws with
office/ business address at Sitio New Bohol, Managa, Bansalan, Davao del Sur represented
herein by JOHN MARK CLATA (Manager) hereinafter referred to as the PARTNER
ENTERPRISE.

Witnesseth:

The parties hereby bind themselves to undertake a Memorandum of Agreement for the purpose
of supporting the TTI Supervised Industry Learning (SIL) for learners under its registered
programs, especially Diploma in Hotel and Restaurant Technology (DHRT), under the
following terms and conditions:

TTI:

1. The TTI shall be responsible for briefing the Learners as part of the TTI’s Training
Induction Program (TIP) and Job Induction Program (JIP)/Pre-Deployment Orientation;
2. The TTI shall provide the learner undergoing the SIL with the basic orientation on work
values, behavior, and discipline, to ensure smooth cooperation with the PARTNER
ENTERPRISE;
3. The TTI shall issue an official endorsement vouching for the well-being of the Learner
which shall be used by the PARTNER ENTERPRISE for processing the learner’s
application for SIL;
4. The TTI shall voluntarily withdraw a Learner who is found to misbehave and/or act in
defiance to existing standards, rules, and regulations of the PARTNER ENTERPRISE
and impose necessary TTI sanctions to the said learner;
5. The TTI through its Industry Coordinator shall make onsite visit/follow ups to the
PARTNER ENTERPRISE during the training period and evaluate the Learner’s progress
based on the training plan and discuss training problems;
6. The TTI has the discretion to pull out the Learner if there is an apparent risk and/or
exploitation on the rights of the Learner;
 7. The TTI shall ensure that the Learner has an on-and-off-the-campus insurance coverage
within the duration of the training as part of their training fee.
8. The TTI shall ensure Learner shall be personally responsible for any and all liabilities
arising from negligence in the performance of his/her duties and functions while under
SIL;
9. There is no employer-employee relationship between the PARTNER ENTERPRISE and
the Learner;
10. The duration of the program shall be equivalent to 300 working hours unless otherwise
agreed upon by the PARTNER ENTERPRISE and the TTI;

PARTNER ENTERPRISE:

11. The PARTNER ENTERPRISE may grant incentives such as daily allowance, food,
accommodation, transportation, or Personal Protective Equipment (PPE), to the Learner
in accordance with the PARTNER ENTERPISE’s existing rules and regulations;
12. The PARTNER ENTERPISE is not allowed to employ Learner within the SIL period in
order for the Learner to graduate from the program he/she is enrolled in.
13. The PARTNER ENTERPRISE shall not be liable for any injury sustained or sickness
contracted arising from this training. However, the PARTNER ENTERPRISE may
provide the basic emergency aid as indicated in their company policy.
14. The PARTNER ENTERPRISE has the authority to enforce company rules and
regulations to the Learners during the duration of the SIL. The PARTNER ENTERPRISE
may file an Incident Report and refer the case to the TTI for discussion and joint
resolution.

FOR BOTH PARTIES:

15. Both parties shall ensure that the necessary abilities and knowledge for the trainees to
achieve the purpose of the training are imparted to him/her and shall provide such
training systematically in accordance with the approved training plans.
16. Without PARTNER ENTPRISE’s prior written consent, the TTI and Learner shall not: (a)
disclose Confidential Information to any third party; (b) make or permit to be made
copies or other reproductions of Confidential Information; or (c) make any commercial
use of Confidential Information.
17. This Memorandum of Agreement shall become effective upon signature of both parties
and implementation will begin immediately and shall continue to be valid hereafter until
written notice is given by either party thirty (30) days prior to the date of intended
termination.
In witness whereof of the parties have signed this Memorandum of Agreement at
_____________________________________ this ________ day of ______________, 20___.

For the TTI: For the PARTNER ENTERPRISE:

ASHARY A. BANTO JOHN MARK CLATA

Regional Director Manager
TESDA Region XI Sky Garden Resort

signed in the presence of:

MYRNA C. ROA
Acting District Director
TESDA XI Davao City

ENGR. CONSTANTINO B. PANES, JR., Ed.D.

Center Administrator
RTC-KPVTC Davao

ACKNOWLEDGEMENT. Before me, a Notary Public in the city of

________________________, personally appeared _____________________ and
________________________ with ID/Community Tax Certificates indicated above, known to
me to be the same persons who executed the foregoing instrument and they acknowledged to
me that the same is their free will and voluntary deed and that of the PARTNER ENTERPRISEs
herein represented. Witness my hand and seal on this _____ day of _____________, 20___, in
______________________.

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