ChanRobles Virtual law Library
[A.M. No. 00-8-13-SC.February 26, 2002]
RE:CENTENARY CELEBRATIONS
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated FEB 26 2002.
A.M. No. 00-8-13-SC(Re:Centenary Celebrations.)
Upon favorable indorsement of Associate Justice Artemio V. Panganiban, Chair, Executive Committee on the Centenary Celebrations, of the Memorandum dated 21 February 2002 of Atty. Edna E. Di�o, Deputy Clerk of Court and Chief Attorney, re:Draft Contract with Ms. Julie Lluch for the Design, Construction and Installation of the Statues of Chief Justices Cayetano S. Arellano and Jose Abad Santos, the Court Resolved to:
(a) APPROVE the disbursement of the P5,000,000.00 donation of the Court of Appeals for the following purposes:(a-1) P3,740,000.00 for the statues of Chief Justices Cayetano S. Arellano and Jose Abad Santos and (a-2) the balance of P1,260,000.00 as a portion of the total expenditures for the eight (8) Nemi Miranda murals that shall be installed in the lobby of the Court's main building;
(b) ADOPTand APPROVE (b-1) the selection process conducted by the Philippine Judiciary Foundation, Inc. through an artistic competition where Ms. Julie Lluch emerged the winning artist who shall design, execute and install the two statues of Chief Justices Arellano and Abad Santos and (b-2) the negotiation conducted by the Foundation through Justice Carolina C. Gri�o-Aquino with Ms. Lluch for the price of her services and goods;
(c) APPROVE the draft contract between the Court and Ms. Lluch, subject to specifications by the contracting parties as to the dates in the provisions for the Schedule of Work, as well as the date of delivery/installation of the statues, to wit:
CONTRACT
This contract, made and entered into on this ____ day of _______________ 2002 in the City of Manila, by and between:
The SUPREME COURT OF THE PHILIPPINES, with address at Padre Faura St., Ermita, Manila, Philippines, represented by Atty. Luzviminda D. Puno, Clerk of Court an dMember of the Board of Trustees of the Philippine Judiciary Foundation, Inc., hereinafter referred to as the FIRST PARTY,
- and -
JULIE M. LLUCH, of age, single, Filipino, with residence and postal address at 24 Lluch Park, Palao, Iligan City 9200, hereinafter referred to as the SECOND PARTY,
WITNESSETH:
WHEREAS, to commemorate the centenary of the FIRST PARTY, the Philippine Judiciary Foundation, Inc., a private non-stock organization tasked with, among others, the preservation of the "culture and heritage handed down by administrators of the justice system," conducted an artistic competition to select the sculptor that would design, sculpt, and install in the FIRST PARTY's premises a statue of Hon. Cayetano S. Arellano, the first Chief Justice of the FIRST PARTY;
WHEREAS, in the said artistic competition with Mr. Jaime Laya, Chairman of the National Commission for Culture and Arts, Ms. Celia Diaz-Laurel, Ms. Gloria Angara, and Ms. Carmen Padilla as judges, the SECOND PARTY emerged the winner;
WHEREAS, the Philippine Judiciary Foundation, Inc. presented models of the competing artworks before the FIRST PARTY and agreed to adopt the SECOND PARTY'S artwork;
WHEREAS, the Court of Appeals, through Presiding Justice Ma. Alicia Austria-Martinez, requested approval by the Chief Justice of its donation of Five Million Pesos (P5,000,000.00) "as financial assistance for the construction of the statue of Chief Justice Cayetano Arellano" and which request the Chief Justice approved "subject to the requisite accounting and auditing rules" on 25 October 2001;
WHEREAS, the FIRST PARTY, after the Chief Justice's approval of the said donation, has received the said amount on 13 November 2001;
WHEREAS, the Supreme Court Centenary Celebrations Executive Committee (Execom) decided to utilize the said donation as fund not only for the design, execution and installation of the statue of Chief Justice Cayetano S. Arellano but also for the design, execution and installation of that of Hon. Jose Abad Santos, the martyr Chief Justice, with the two statues occupying places of honor at both sides of the front steps of the FIRST PARTY's main building;
WHEREAS, the Philippine Judiciary Foundation, Inc., through its Chairperson, Justice Carolina C. Gri�o-Aquino, negotiated with the SECOND PARTY for the construction and installation of the two artworks and for the price of both;
WHEREAS, in a Resolution dated _____________________ the FIRST PARTY adopted the Execom decision to utilize the greater portion of said funds (Three Million Seven Hundred Forty Thousand Pesos [P3,740,000.00]) for the design, execution, and installation of the statues of Chief Justices Arellano and Abad Santos; and
WHEREAS, the SECOND PARTY agreed and hereby agrees to design, sculpt and install the statues of Chief Justices Arellano and Abad Santos under the following terms and conditions.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows:
I.��������� SCOPE OF WORK
The SECOND PARTY shall design, construct, and install two (2) bronze statues of Chief Justices Cayetano S. Arellano and Jose Abad Santos.The statues shall each be in seated position and measuring six (6) feet in height excluding the granite base.The completed statues shall be in accordance with the models shown to and approved by the FIRST PARTY.These shall be installed on bases constructed by the SECOND PARTY, on both sides of the front steps of the main building of the FIRST PARTY along Padre Faura St., Ermita, Manila.
II.��������� SCHEDULE OF WORK
A.The parties agree to the following schedule of work:
1.Submission of maquette of Chief Justice Abad Santos statue - (date);
2.Approval by the FIRST PARTY of full-size positives of both statues - (date);
3.Inspection of bronze cast of Chief Justice Arellano statue on (date) and of Chief Justice Abad Santos on (date); and
4.Delivery and installation of both statues on (date).
B.This schedule of work shall be strictly complied with and altered only by the occurrence of force majeure. The parties agree that the term force majeure or fortuitous event shall include events that are beyond their control, such as acts of public authorities other than the FIRST PARTY, labor/transport strikes, epidemics, accidents and natural calamities as, would render it impossible for the parties to perform their respective obligations hereunder without risk or danger to themselves or their property.
C.In the event of occurrence of force majeure, the parties shall agree in writing to a new schedule that they shall comply with strictly.
III.�������� OBLIGATIONS OF THE PARTIES
A.The FIRST PARTY shall -
1.Pay the SECOND PARTY the amount of Three Million Seven Hundred Forty Thousand Pesos (P3,740,000.00) for design, construction and installation of the two statues of Chief Justices Arellano and Abad Santos, inclusive of tax, in the following manner:
(a)The mobilization fee of twenty-five percent (25%) of the contract price or P935,000.00 shall be paid within fifteen (15) days from execution of the Contract and after filing by the SECOND PARTY of performance and surety bonds;
(b)The second installment of twenty-five (25%) of the contract price or P935,000.00 shall be paid upon approval of the full-size positives of the two statues; and
(c)The last installment of fifty percent (50%) of the contract price or P1,870,000.00 upon issuance by the FIRST PARTY of the Certificate of Final Acceptance.
It is understood that the amounts mentioned shall be inclusive not only of the value-added tax (VAT) of ten percent (10%) but also of the income tax credit of two percent (2%), and the retention money of ten percent (10%).
2.Issue a written approval of the full-size positives of the two statues and the Certificate of Final Acceptance as soon as the same statues are installed and inspected.
3.Return to the SECOND PARTY the retention money of ten percent (10%) of the contract price after the issuance of the Certificate of Final Acceptance.
4.Have full ownership of the two statues, full-size positives and negatives, maquettes, and intellectual property rights relating to the statues.
5.Acknowledge the SECOND PARTY's authorship of the statues in the appropriate marker[s].
B.The SECOND PARTY shall -
1.Execute the design/models of the two statues as approved by the FIRST PARTY and/or the Execom.
2.Secure the written approval of the FIRST PARTY of any change in design and materials or any deviation from the approved models or full size positives of the statues.
3.Assume responsibility in costs due to her defective work and/or that of her agents or employees.
4.Provide, at her own cost, all the materials, equipment and labor required for the construction of the two statues.
5.Be responsible for the transfer to the FIRST PARTY of the maquette of the statue of Chief Justice Abad Santos, life-size positives and bronze cast of the two statues for approval by the FIRST PARTY, and the finished statues including freight and insurance therefor.
6.Deliver/install the two statues by ___________________; failure to do so shall result in her liability for penalty of Three Thousand Pesos (P3,000.00) for every day of delay until the statues shall have been delivered/installed.
7.Be fully responsible for her agents/workers, including in cases of injury, damage, or death in the course of execution/construction/installation of the statues, with the FIRST PARTY assuming no responsibility for her agents/workers whatsoever.
8.Submit to the FIRST PARTY an affidavit that she has fully paid her agents/employees for the project.
9.Upon installation of the statues, issue a certificate of warranty stating that the statues shall be free of any and all defects and damages within one (1) year from the FIRST PARTY's issuance of the Certificate of Final Acceptance.
10. Agree to the deduction of retention money prescribed by government auditing rules, in the amount of 10% of the contract price subject to the condition that she shall recover the equivalent amount upon the expiration of the period of warranty referred to in the preceding paragraph.
11. File within fifteen (15) days from execution of this Contract, a performance bond to guarantee faithful compliance with her obligations under this Contract, and to be effective up to a period of six (6) months from the acceptance of the statues by the FIRST PARTY.
12. File, also within fifteen (15) days from execution of this Contract, a surety bond for the mobilization fee, issued by an accredited bonding company and equivalent to the amount of the mobilization fee, callable on demand, and to be released upon issuance by the FIRST PARTY of the Certificate of Final Acceptance.
13. Have the right to document or photograph the statues with the approval of the FIRST PARTY.
C.This Contract embodies all the matters agreed upon by the parties with respect to the subject statues and may not be amended or modified unless agreed upon by the parties in writing.
IN WITNESS WHEREOF, the parties have signed this instrument in Manila this ___ day of February 2002.
SUPREME COURT OF THE PHILIPPINES����������������� MS. JULIE LLUCH
(First Party)���������������������������������������������� (Second Party)
By:
LUZVIMINDA D. PUNO
Clerk of Court
Signed in the presence of:
CAROLINA C. GRI�O-AQUINO �������������� URSULA EDITHA O. SAN PEDRO
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
CITY OF MANILA����������������� )S.S.
Before me this ___ day of February 2002, in Manila, Philippines, personally appeared the following persons with their respective Community Tax Certificate Nos.:
Name ������������������������������������� Community Tax Cert. No. ��������������� Date/Place of Issue
Luzviminda D. Puno
Julie Lluch
known to me and to me known to be the same persons who executed the foregoing Contract and acknowledged that the same is their voluntary act and deed.
This instrument consisting of five (5) pages including this page on which the Acknowledgment is written, has been signed by the parties and their witnesses on each and every page hereof.
WITNESS MY HAND AND SEAL on the date and place above written.
EDEN T. CANDELARIA
Deputy Clerk of Court
& Chief Administrative Officer;and
(d)DESIGNATE Clerk of Court Luzviminda D. Puno as the Court's signatory in the said contract.
Very truly yours,
LUZVIMINDA
D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE
PHILIPPINE SUPREME COURT DECISIONS
QUICK SEARCH
