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[A.M. No. 02-7-05-SC.July 9, 2002]

RE: PROPRIETY OF THE CHIEF JUSTICE SIGNING THE CONTRACT ON THE ACTION PROGRAM FOR JUDICIAL REFORM

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 9 2002.

A.M. No. 02-7-05-SC(Re: Propriety of the Chief Justice Signing the Contract with the Planner/Facilitator of the Focus Group Discussions on the Action Program for Judicial Reform, and the Need for Court Approval Thereon.)

The Court Resolved, upon recommendation of Chief Attorney Edna E: Di�o in her Memorandum dated 23 May 2002, to APPROVE the following service contract with Ms. Socorro Feliciano as Planner/Facilitator of the Focus Group Discussions on the Action Program for Judicial Reform:

SERVICE CONTRACT

KNOW ALL MEN BY THESE PRESENTS:

This SERVICE CONTRACT is made and entered into this 20th day of March 2002, in the City of Manila, Philippines, by and between -

MA. SOCORRO FELICIANO , Filipino of legal age, married, with residence and postal address at 943 Padre Faura St., Manila, Philippines, hereinafter referred to as the CONSULTANT,

and

THE SUPREME COURT OF THE PHILIPPINES , represented in this act by Chief Justice Hilario G. Davide, Jr., in his capacity as Chief Justice of the Supreme Court, with principal place of business at the 3/F Supreme Court Annex Building, Padre Faura St., Manila, Philippines,hereinafter referred to as the CLIENT.

WITNESSETH THAT :

WHEREAS, the CLIENT has embarked on a Judicial Reform Program (JRP) to improve the administration of justice in the Philippines;

WHEREAS, the CLIENT has adopted the Action Program for Judicial Reform (APJR) 2001-2006 to provide a framework for the JRP, and which identifies specific projects and activities in pursuit of the program;

WHEREAS, to coordinate such projects and activities, a Program Management Office (PMO) was established by the CLIENT;

WHEREAS, the CLIENT has received a grant from the Canadian International Development Agency namely, the CIDA Bridge Financing for the Supreme Court Program-Management Office (PMO) in Support of the Judicial Reform Program, and intends to use a portion of this grant for eligible payments related to the conduct of focus group discussions (FGDs), which was identified as one of the major activities of the grant Contribution Agreement;

WHEREAS, consistent with the objectives of the CIDA grant, the PMO has programmed a series of FGDs on the APJR with Supreme Court officials and employees to build their awareness on the JRP, generate their comments or perceptions, assess or validate the relevance of the reform activities on said officials and employees, level-off their expectations from the JRP; and solicit their support and commitment to the program.

NOW, THEREFORE, for and in consideration of these premises, the CLIENT has secured the services of the CONSULTANT as facilitator for four (4) focus group discussions on the APJR and the JRP, and the CONSULTANT has agreed to provide said services, under the following terms and conditions:

1.Scope of Work.The CONSULTANT shall perform the following tasks:

1.1Preparatory activities

1.1.1Initiate preparatory meetings, applying a participatory approach, with relevant PMO staff to clarify the objectives of the FGD, identify the participants and group them accordingly, design the FGD methodology and workflow, and designate specific tasks and assignments.

1.1.2Communicate FGD preparations and implement assigned tasks.

1.1.3Provide continuity in the FGD series by participating in post-FGD discussions and giving advice on design inputs that may be necessary to enhance succeeding interventions.

1.2Actual conduct of FGD

1.2.1Implement the workshop design and manage the FGD process, including linking or synthesizing the various sessions and inputs.

1.2.2Provide experienced co-facilitator/s for each FGD.

1.2.3Support capability, building of PMO staff and provide learning opportunities in process facilitation.

1.2.4Support documentation by visualization of group results and Provision of documentation suggestions.

1.2.5Provide basic supplies and materials for visualization of group work outputs, guides, and experience sharing exercises.

1.3Post-FGD

1.3.1Enhance the workshop design for succeeding FGDs based on a joint assessment with the PMO of each FGD's outputs.

1.3.2Submit a report on the conduct of the FGD and on the results and recommendations generated therein.

2.Responsibilities of the CLIENT.The PMO shall perform the following tasks:

2.1With the CONSULTANT, design the FGD workshop, providing relevant information on group dynamics and organizational updates during preparatory meetings.

2.2Provide pertinent advice, and reference documents as may be< necessary to guide the planning process.

2.<3Provide resource persons who can give substantial inputs during the APJR orientation and at the open forum.

2.4Provide logistical and administrative support during the preparation and conduct of the FGD, including venue, participants' attendance, meals, travel and accommodation, and handouts.The travel and lodging expenses of the CONSULTANT for FGDs outside of Metro Manila shall be for the CLIENT's account.

2.5Participate in the post-FGD joint assessment and design enhancement for succeeding FGDs.

2.6Identify and designate PMO staff who will be subject to coaching, and ensure such person's availability for practice in succeeding interventions.

3.CONSULTANT's Fee.

3.1Contract cost

The contract cost shall be PESOS TWO HUNDRED THOUSAND (P200,000.00), Philippine currency, for four (4) FGDs, which includes the professional fee of the facilitator/s, as well as the materials and supplies for the conduct of the FGDs.

3.2Manner of payment

Fifty percent (50%) of the contract cost, or PESOS ONE HUNDRED THOUSAND (P100,000), shall be paid upon completion of the first two FGDs

The balance shall be paid upon completion of the last two FGDs and the submission by the CONSULTANT of the FGD report.

4.Withdrawal/Pre-termination.If one of the contracting parties withdraws from this agreement, does not meet any or all of the stipulated obligations, or pre-terminates the same without justifiable cause, the aggrieved party must be reimbursed for amounts disbursed, if any, in furtherance of the objectives of this agreement.

5.Ownership of documents produced.All documents generated in connection with the FGD/s or the implementation of the tasks outlined hereinabove shall pertain to the PMO, provided that due acknowledgement is given to the creative source or authorship.Use of said documents except in connection with the activities under this contract is prohibited unless prior consent of the PMO in writing is obtained.

IN WITNESS WHEREOF , the parties have hereunto signed these presents on the date and place mentioned above.

 

__________________________������������������������������������� ________________________

Ma. Socorro Feliciano����������������������������������������������������������� Hilario G. Davide, Jr.

(Consultant)���������������������������������������������������������������������� (For the CLIENT)

Signed in the presence of:

 

___________________���������������������������������������������������� ________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES����������� )

����������������������������������������������������������� )���������� S.S.

CITY OF MANILA����������������������������� )

BEFORE ME, a Notary Public for and in the City of Manila, personally appeared the following persons:

����������������������� Name������������������������� CTC No.�������������������� Date/Place Issued

1.Ma. Socorro Feliciano��������������� 09333970����������������� Manila, 07 February 2002

2.Hilario G. Davide, Jr.������������������ __________������������� ________________

all known to me to be the same persons who executed the foregoing Service Contract, and they acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL, this 20th day of March 2002, Manila, Philippines.

Doc. No. ______;

Page No. ______;

Book No. ______;

Series of 2002.

Ms. Evelyn Dumdum, Program Director of the Program Management Office, is hereby AUTHORIZED to sign the contract as representative of the Chief Justice and the Court.

In this connection, the Chief Justice shall ISSUE a certification that time is of the essence in the procurement of Ms. Feliciano's services.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court


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