[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
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: Diño
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:
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:
1.1
Preparatory activities
1.1.1 Initiate 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.
1.1.2
Communicate FGD preparations and implement assigned tasks.
1.1.3 Provide 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.
1.2
Actual conduct of FGD
1.2.1 Implement the workshop design and manage the
FGD process, including linking or synthesizing the various sessions and inputs.
1.2.2
Provide experienced co-facilitator/s for each FGD.
1.2.3 Support capability, building of PMO staff
and provide learning opportunities in process facilitation.
1.2.4 Support documentation by visualization of
group results and Provision of documentation suggestions.
1.2.5 Provide
basic supplies and materials for visualization of group work outputs, session guides, and experience sharing exercises.
1.3
Post-FGD
1.3.1 Enhance the workshop design for succeeding FGDs
based on a joint assessment with the PMO of each FGD’s outputs.
1.3.2 Submit 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:
2.1 With the CONSULTANT, design the FGD
workshop, providing relevant information on group dynamics and organizational
updates during preparatory meetings.
2.2 Provide
pertinent advice, information and reference
documents as may be necessary to guide the planning
process.
2.3 Provide resource persons who can give
substantial inputs during the APJR orientation and at the open forum.
2.4 Provide
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.
2.5
Participate in the post-FGD joint assessment and design enhancement for
succeeding FGDs.
2.6 Identify
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.
3.1
Contract 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.
3.2
Manner 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:
___________________ ________________________
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