Notice for Review of Contracts by the Legal Office

By: Roger Javier- Legal Assistant

Please be advised that before submitting contracts for review with the Legal Office, all the Colleges/Departments/Units concerned should determine what kind of contract they prefer to do and the proper office where it should be first endorsed.

Kindly use this post as a GUIDE for future agreements

A.) Memorandum of Understanding:

If the contract is a Memorandum of Understanding (MOU) for Academic Linkage, the Colleges/Departments/Units should first determine if the MOU is local or international.

For local linkages (e.g. local state universities and colleges), the contract should first be submitted to the Office of Institutional Development for Higher Education (OIDHE).

For international linkages (e.g. international universities, colleges, corporations and industries), the contract should first be submitted to the Office of the International Linkages (OIL).

Both offices have their pro-forma MOU for academic linkages.

Moreover, these offices shall be the one to endorse the MOUs to the Legal Office for review.

B.) Specific Activity Agreements arising from MOUs:

Specific Activity Agreements are particular areas of cooperation of UPLB with various local and international parties. These agreements are reduced into a formal Memorandum of Agreement or MOAs. If the Colleges/Departments/Units or the other party wants to deepen their partnership after the MOU, this must be coordinated with the following offices after proper policy determination, viz:

  1. Office of the Vice Chancellor for Academic Affairs (OVCAA) – they have the standard contract or pro-forma for Local Faculty and Student Exchange Agreements. They shall be the one to endorse the contract with the Legal Office;
  2. Office of the International Linkages (OIL) – they have the standard contract or pro-forma for International Faculty and Student Exchange Agreements. They shall be the one to endorse the contract with the Legal Office;
  3. Office of the Vice Chancellor for Research and Extension (OVCRE) – They shall guide in the formulation of MOAs in research and extension activities patterned from various contract with funding agencies. They shall be the one to endorse the contract with the Legal Office.
  4. Office of the Chancellor (OC) – If the activity is not under No. 1 to 3 (e.g. Seminars, Donations, utilization or Lease of University Property, Licensing Agreements, etc.), a Letter Request detailing the particular activity/collaboration/partnership should be submitted to the OC. If approved, it shall be endorsed to the Legal Office and our office shall meet and communicate with the Project Leader or coordinator to draft a more particular contract discussing the terms and conditions of the agreement, in accordance with existing UP policies.

C.) Academic Industry Cooperation Agreements (AICA) and UPLB Student Internship:

On the other hand, if the College/Department/Unit will partner with local private corporations or sole proprietorships, on various areas of collaboration, they should use the preferred pro-forma 2022 – LO Form – 01_Sample Academe-Industry Cooperation Agreement uploaded in this website.

If the College/Department/Unit will partner with local private corporations and afterwards shall immediately enter into a specific activity agreement for internship, they should use the AICA along with the following forms:

  1. 2022 – LO Form – 02_Sample MOA on UPLB Students Internship with AICA
  2. 2022 – LO Form – 04_ANNEX C of the MOA on UPLB Students Internship_UPLB PARENT AND STUDENTS WAIVER AND QUITCLAIM
  3. 2022 – LO Form – 05_ANNEX D of the MOA on UPLB Students Internship_PARENTS CONSENT FORM; and
  4. 2022 – LO Form – 06_Sample Secretary Certificate & Board Resolution Format for Internship_Partner Industry

Please note that the Sample Secretary Certificate and Board Resolution will be used if the Partner Industry/Local Private Corporation has no standard form. If they have, this form can be dispensed with.

The AICA and the MOA for Internship can be directly endorsed to the Legal Office, provided that the “Guidelines on Practicum or Internship Program for UPLB Students” under OC Memorandum No. 78 s. 2021 is properly observed along with the following documentary requirements under OC EO 1 s. 2016:

  1. Articles of Incorporation and By-laws duly certified by the Securities and Exchange Commission (SEC);
  2. Latest General Information Sheet (GIS) submitted to the SEC;
  3. Latest Audited Financial Statement submitted to the SEC and BIR;
  4. Latest Income Tax Return;
  5. Mayor’s Permit/Business Permit;
  6. Board Resolution and Secretary’s Certificate showing that the corporation desires to enter into the agreement with UPLB, and that they are authorizing their signatory to execute the agreements on behalf of the Corporation.
  1. Department of Trade and Industry (DTI) Certificate of Registration
  2. Latest Audited Financial Statement submitted to the BIR
  3. Latest Income Tax Return;
  4. Mayor’s Permit/Business Permit;
  5. Special Power of Attorney to sign the agreement, if the representative is not the single proprietor or is not available.

D.) UPLB Student Internship without AICA:

If the College/Department/Unit will partner with local private corporations or sole proprietorship SOLELY for the purpose of internship, the guidelines under OC Memorandum No. 78 s. 2021 should be complied along with the following forms:

  1. 2022 – LO Form – 03_Sample MOA on UPLB Students Internship
  2. 2022 – LO Form – 04_ANNEX C of the MOA on UPLB Students Internship_UPLB PARENT AND STUDENTS WAIVER AND QUITCLAIM
  3. 2022 – LO Form – 05_ANNEX D of the MOA on UPLB Students Internship_PARENTS CONSENT FORM

The College/Department/Unit will also submit the documentary requirements under OC EO 1 s. 2016 as above mentioned.

E.) UPLB Student Internship for Local Government Units:

If the Colleges/Departments/Units shall enter into a contract of internship with a local government unit, it is preferred to use our 2022 – LO Form – 06_Sample MOA on UPLB Student Internship for Local Government Units with required Annexes already uploaded in the website.

This can be directly endorsed to the Legal Office, provided that the “Guidelines on Practicum or Internship Program for UPLB Students” under OC Memorandum No. 78 s. 2021 is properly observed.

F.) Memorandum of Agreement (MOA) for Research:

If the Colleges/Departments/Units shall enter into a research contract with a government funding agency (e.g. DOST, PCAARRD, DA, DA-BAR, DENR, etc.), this must first be consulted and submitted to the Office of the Vice Chancellor for Research and Extension (OVCRE).

The OVCRE shall have its policy review before submitting the contract to the Legal Office.

G.) Memorandum of Agreement (MOA) for Scholarships of UPLB Students:

If the Colleges/Departments/Units shall enter into a contract for scholarship for UPLB students, this must first be submitted to the Office of the Scholarship and Grants (OSG) under the Office of the Vice Chancellor for Student Affairs (OVCSA).

A sample form for this contract can be clicked here.

It shall be the OVCSA who will endorse the scholarship contracts to the Legal Office.

H.) Memorandum of Agreement (MOA) for Non-UPLB Student Internship:

If the Colleges/Departments/Units shall enter into a contract for internship of Non-UPLB students, these should follow the “UPLB Guidelines on Inbound Practicum or Internship for Non-UPLB students” as mentioned in OC Memorandum No. 52 s. 2022.

It is also preferred to use the following forms:

  1. 2023 – LO Form – 03_Sample MOA on Non-UPLB Student Internship; and
  2. 2023 – LO Form – 04_Waiver-Quitclaim-Consent-Form-for-Non-UPLB-Intern

This contract can be directly endorsed to the Legal Office.

If the Colleges/Department/Units cannot determine the specific contract they want to enter into, the designated coordinator can freely communicate to us for legal advice through email at [email protected]

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