EN BANC
A.M. No. 05-2-03-SC
GOP-UNDP PROGRAMME ON REHABILITATING INTERNALLY DISPLACED PERSONS AND COMMUNITIES IN SOUTHERN PHILIPPINES
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated FEB 1 2005.
The Court resolved to
(a) NOTE the Memorandum, dated 31 January 2005 of Program Director Evelyn Toledo-Dumdum, PMO, addressed to Justice Angelina Sandoval-Gutierrez, Chairperson, Committee on Halls of Justice re: En Banc Action on GOP-UNDP Programme on Rehabilitating Internally Displaced Persons and Communities in Southern Philippines; and
(b) APPROVED the following:
1. The Project’s Draft Partnership Agreement, to wit:
PARTNERSHIP AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This partnership Agreement made and entered into on ________ in __________, by and between:
The MINDANAO ECONOMIC DEVELOPMENT COUNCIL (MEDCo), a government entity existing under the laws of the Republic of the Philippines, with office address at 4/f, SSS Building, J.P. Laurel Avenue, Davao City, and represented herein by its Chairperson, JESUS G. DUREZA, hereinafter referred to as the “Overall Executing Agency” or “OEA”;
and
The SUPREME COURT OF THE PHILIPPINES, with principal office address at Padre Faura Street, Ermita, Manila, and represented herein by Deputy Court Administrator CHRISTOPHER O. LOCK, hereinafter referred to as the “Implementing Partner Agency” or “IPA”;
WITNESSETH
WHEREAS, the GOP-UNDP Programme on Rehabilitating Internally Displaced Persons and Communities in Southern Philippines herein referred to as the “PROJECT” is a joint undertaking of the Government of the Philippines through the MEDCo and the United Nations Development Programme (UNDP), in partnership with the Autonomous Region in Muslim Mindanao (ARMM) Regional Government, intended to address the needs, rehabilitation and resettlement of the Internallly Displaced Persons (IDPs) and communities in Southern Philippines;
WHEREAS, one of the components of the PROJECT is the Culture of Peace an Access to Justice which aims to empower the communities to develop and sustain peace and development initiatives and its integration in government programs, plans and strategies.
WHEREAS, the MEDCo, as the OEA of the PROJECT, intends to avail of the expertise and assistance of the Supreme Court as key IPA in accomplishing the PROJECT outputs, particularly certain outputs on the Culture of Peace and Access to Justice component.
NOW, THERFORE, for and in consideration of the foregoing premises, the parties hereto agree to implement the Culture of Peace and Access to Justice component of the PROJECT under the following terms and conditions:
Article I – Appointment and Assumption of Responsibility of the
Implementing Partner Agency
The Supreme Court hereby accepts its appointment as Implementing Partner Agency, with all the responsibilities in this Partnership Agreement;
The Supreme Court hereby undertakes to implement the activities specified in the PROJECT under the Culture of Peace and Access to Justice component.
Article II – General Provisions
The terms of reference (TOR) of the Implementing Partner Agency, which is attached as Appendix “A”, will provide the guidelines for the Agreement. Subject to the Agreement of the parties, the TOR as well as the terms and conditions of service may be modified, amended or revised, from time to time, in the interest of the PROJECT and as exigencies may require.
Article III – Rights and Responsibilities of the Implementing Partner Agency
1. The IPA hereby agrees to undertake the following responsibilities:
a) Work under the direction and coordination of the OEA, following the provisos set forth in the TOR;
b) Manage the effective and timely procurement of inputs and delivery of outputs as specified in the TOR;
c) Monitor the progress of activities and report project developments to the OEA as may be required;
d) Accept the funds specifically allocated for it in the implementation of the PROJECT and ensure its judicious and proper use, in a manner consistent with the agreed guidelines.
e) Submit financial reports to the OEA and, if necessary, present liquidation reports to the UNDP in accordance with the prescribed guidelines.
2. The IPA shall carry out all the activities specified in the TOR with due diligence and efficiency, and warrant that the quality of work performed is in accordance with the professional and technical standards acceptable to the OEA and UNDP.
3. Subject to the terms and limitations of this Partnership Agreement, the IPA shall have control over the production outputs as specified in this Partnership Agreement and the related use of funds. The OEA and the UNDP, however, shall review the quality of work and the progress being undertaken toward successfully achieving the goals of the PROJECT. If the OEA, in consultation with the UNDP, is not satisfied with the quality and progress of work, it may under its discretion either (i) withhold or order the suspension of payment until in its opinion the situation has been adequately corrected or remedied, or (ii) undertake proper and immediate steps to aptly resolve the subject matter, intended to accomplish the goals of the PROJECT.
4. The IPA shall solely bear full responsibility with respect to life, limb, health, accident, travel, or any other coverage of their personnel, whose services may be necessary or desirable in the conduct and accomplishment of the purposes or activities under this Partnership Agreement.
5. The IPA shall be solely liable for the claims by third parties, arising from the IPA or its representatives’ acts or omissions, in the course of its performance of the responsibilities under this Partnership Agreement. Under no circumstances shall the OEA or the UNDP be held liable for such claims.
Article IV – Responsibilities of the Overall Executing Agency
1. The overall Executing Agency shall undertake the following responsibilities:
a. Provide supervision, coordination and oversight in the performance of the IPA’s responsibilities;
b. Review, monitor, and certify the satisfactory completion of outputs by the IPA;
c. Report the technical and financial delivery of the PROJECT to the UNDP;
d. Resolved operational issues and concerns that may arise in the course of PROJECT implementation;
e. Release promptly the funds and resources provided by the UNDP to the IPA thru the latter’s request for direct payment; and
f. Maintain an overall accountability for the production of outputs and use of PROJECT funds and other resources.
Article V – Financial Responsibilities of the Parties
1. The IPA shall receive the funds provided by the UNDP in the amount specified below. The release of funds shall be subject to the submission of the Certificate of Acceptance by the IPA to the UNDP thru OEA, in accordance with pertinent accounting and auditing laws, rules and regulations.
The total amount committed for the implementation of the Culture of Peace and Access to Justice component is Twenty Three Million Eight Hundred Eighty Nine Thousand One Hundred Thirty Nine and 15/100 Pesos (PhP 23,889,139.15). This amount shall be paid in accordance with the schedule of payment herein provided.
ACTIVITIES AND INDICATIVE SCHEDULES OF PAYMENT
|
ACTIVITIES |
INDICATIVE PERIOD |
INDICATIVE AMOUNT (PhP) |
|
Conduct of capability Building program for Judges and Court Personnel |
January-December 2005 |
10,423,670.45 |
|
Implementation of Infrastructure Works |
January-December 2005 |
12,199,530.75 |
|
Purchase of Equipment |
May 2005 |
1,265,937.95 |
|
TOTAL AMOUNT |
|
23,889,139.15 |
2. The UNDP shall release fifteen percent (15%) of the total amount indicated above in the sum of Three Million Five Hundred Eighty Three Thousand Three Hundred Seventy and 87/100 Pesos (PhP 3,583,370.87) representing mobilization fee, upon approval of the Work and Financial Plan by the Executive Committee.
3. The amounts received by the IPA, as indicated above, are not subject to any adjustment or revision due to price or currency fluctuations in the actual cost incurred by the IPA in the performance of the activities under this Partnership Agreement, unless otherwise agreed upon;
4. The IPA shall update and compile all financial records and information and furnish the OAE or UNDP copies of the same upon request. All financial records and information shall be made available for inspection by the UNDP and the OEA during business hours, subject to other reasonable regulations.
5. Within fifteen (15) days after the expiration of this Partnership Agreement, the IPA shall provide the UNDP and the OEA with a final report of all expenditures made from such funds and, if applicable, a liquidation report indicating the progress made toward the goals of the activities undertaken.
6. All funds that remain unutilized after completion of the PROJECT, or any bank interest earned from such funds, shall be promptly returned by the OEA to the UNDP, or shall otherwise be used for other purpose which supports the goals of the project, after proper consultation was made with and subject to the approval of the OEA and the UNDP.
7. The IPA hereby acknowledges that the UNDP and the OEA have made no actual or implied pledge or undertaking of funding except for the amounts specified in this Partnership Agreement. In the event that any of the funds are returned to the OEA or if this Partnership Agreement is rescinded, the IPA acknowledges that the UNDP and the OEA have no further obligation to the IPA as a result of such return or rescission.
Article VI – Ownership
1. Ownership of the PROJECT shall remain with the OEA.
2. Ownership of intellectual property rights for reports, studies, documents and other written materials generated and brought into existence in connection with this PROJECT shall be jointly owned by the OEA and IPA.
3. There shall be co-ownership of the output of the PROJECT by both OEA and IPA, except for buildings and improvements constructed with PROJECT funds which shall belong to the IPA.
4. Any equipment that may be purchased by the IPA using PROJECT funds shall be used for the purpose of implementing and accomplishing the goals of the PROJECT and shall be considered as the property of the beneficiary courts upon completion of the PROJECT.
Article VII – Commencement of Work
Implementation of the PROJECT shall immediately commence upon the effectiveness of this Partnership Agreement and as soon as the funds for the PROJECT are made available to the IPA. Activities shall be undertaken as indicated in the TOR and Work and Financial Plan.
Article VIII – Certificate of Completion/Acceptance
After the activities under this Partnership Agreement are completed to the satisfaction and full acceptance of the OEA based on the requirements and limitations set forth under this Partnership Agreement and TOR, the latter shall issue a certificate of completion to the IPA. Thereafter, the IPA shall be free from any liability that may arise after the completion of the PROJECT.
Article IX – Force Majeure
The IPA shall immediately notify the OEA in writing about the occurrence of any event of force majeure affecting the PROJECT to the extent that it would be impossible or impracticable for the IPA to carry out, in whole or in part, their obligations under this Partnership Agreement. As used herein, the term “force majeure” shall means events attributable, but not limited, to the following causes stated hereunder:
a. Natural causes such as earthquake, typhoons, floods, tsunami, and epidemics.
b. Human causes such as revolutions, insurrections, blockages, riots, civil disturbance, court injunctions, strikes and other analogous or similar causes.
Upon giving of such notice, the IPA, as of the date of notice, shall be ipso facto relieved from any liability for their failure to perform and carry out their obligations due to the abovementioned occurrences. Corollary thereto, either party may terminate this Partnership Agreement by giving notice of termination; the IPA shall take immediate steps to bring the work to a close and in a prompt and orderly manner and shall refrain from incurring further unnecessary expenditures in connection with the PROJECT.
Article X – Termination/Rescission
1. The implementation of this Partnership Agreement is deemed completed upon the delivery of the outputs by the AIPA in accordance with the TOR and its submission of other reports or requirements, as agreed upon, to the satisfaction of the OEA and the UNDP.
2. For valid and authorized cause established by law or as agreed upon by the parties, either party may rescind this Partnership Agreement by giving the other party at least thirty (30) day written notice of its intention to do so. Subject to the provision of article V (6), the IPA shall return any unutilized funds to the OEA not later than the 30th day from the date of the receipt of the termination notice by the other party.
3. Should the OEA find it necessary to rescind this Partnership Agreement under the cause provided for by law or by this Partnership Agreement, the IPA shall not be accountable for any liability, accidents, damages or any analogous circumstances which may occur after the rescission of this PROJECT. Accordingly, the IPA shall be paid for any activity or activities undertaken prior to the said rescission.
Article XI – Amendments and severability
1. No modification of, or change in this Partnership Agreement, waiver of any of its provisions, shall be valid or enforceable unless previously approved in writing or duly signed in the form of a written amendment by the parties hereto, or their duly authorized representatives.
2. Any amendment, modification, addition or deletion from this Partnership Agreement, or any scope of work or other matters concerning the PROJECT covered by this partnership Agreement, shall be undertaken jointly by herein parties in consultation with the UNDP.
3. If any provision of this Partnership Agreement is held invalid and unenforceable by any court of competent jurisdiction, the other provisions not affected thereby shall continue in operation.
4. The parties’ voluntary commitment shall continue to be in full force and effect even if any party hereto undergoes structural reorganization, change in administration, or assumption of functions by another agency or office.
Article XII – Effectiveness and Validity
This partnership Agreement shall take effect upon the signing of the parties herein, and shall be in full force and effect until _______ unless earlier terminated, subject to the provisions of this Partnership Agreement.
Article XIII – Annexes
This partnership Agreement and the Annexes attached hereto, namely:
1. Appendix “A” – Terms of Reference
2. appendix “B” – Work and Financial Plan
shall comprise the entire Partnership Agreement between the OEA and the PIA, superseding the contents of any other negotiations and/or agreements whether oral or written, pertaining to the subject of this Partnership Agreement.
IN WITNESS WHEREOF, the parties hereto, acting through their representatives duly authorized by law for this purpose, affix their signature this _____ day of _______ 2005, in Manila, Philippines.
2. Proposed work and financial Plan (January-December 2005), to wit:
PHILJA Component: Capacity Bui lding for the Court and Other Legal System
a. Training and orientation on justice system & conduct of dialogue among justice system and stakeholders
b. ADR/Conflict Resolution Projects
Proposed Budget: P 10,423,670
Proposed Targets and Activities
|
Activity |
Target No. of Units |
Target No. of Beneficiary |
Proposed Amounts |
Timeline |
Potential Implementing Partner |
|
1. Coordination And Meetings of Lecturers |
|
16 Lecturers to be chosen |
500 T |
February To December 2005 |
PHILJA |
|
2. Lectures and Seminars on Shari’a & Islamic jurisprudence a. spirants to Shari’a Bar on specific dates and place as follows: 1. Jolo 2. Zamboanga 3. Cotabato city 4. Mindanao State University 5. UP Institute of Islamic Affairs b. Refresher Course for Shari’a Judges & Court Personnel c. Lawyers & other professionals d. Representatives of DILG, AFP, PNP & NBI |
|
100 – judges & court personnel 50 – lawyers & other professionals 50 – aspirants to shari’a Bar 50 – DILG, AFP, PNP & NBI |
3.1 |
April to August 2005 |
PHILJA, Shari’a courts, Mindanao lawyers group, DILG, AFP NBI, PNP & Office of Muslim Affairs |
|
3.. Lectures and Seminars on Conflict Resolution a. Court annexed mediation (Phil laws) b. Agama Arbitration Council
|
|
100 judges & court personnel 50 lawyers & other professionals 50 – aspirants to Shari’a bar 50 – DILG, AFP, PNB, & NBI |
2M |
July to September 2005 |
PHILJA, Mindanao Lawyers Group, and Office of Muslim Affairs |
|
4) Information Education and communication (IEC) Campaigns |
|
Muslim & Mindanao Communities |
1.5 M |
June to August 2005 |
PHILJA, DILG, KBP, Local TV & Print Media |
|
5) Hiring of Shari’a Law Specialists |
|
*Prospective Shari’a Law Specialist |
1.8 M |
March |
PHILJA and PMO |
|
6) Administrative Cost (including Contingency Cost) |
|
**Resource Persons for Conflict Resolution & other Administrative Costs |
1 M |
Jan to Dec 2005 |
PHILJA |
|
7. Evaluation & Action Planning Workshop & Final Report Writing |
|
100 Stakeholders |
500 T |
November to December 2005 |
PHILJA & all stakeholders |
|
Total |
|
|
10.4 Million |
|
|
*Shari’a Law Specialists
1. Justice Ricardo C. Puno, Sr., Resource Person
2. Justice Jose C. Vitug (Ret), Resource Person
3. Dean Pacifico A. Agabin, Resource Person
4. Justice Jainal D. Rasul, Sr., Resource Person
5. Justice Japar B. Dimaampao
6. Justice Hakim S. Abdulwahid
7. Justice Omar U. Amin
8. Justice Alicia Sempio Diy
9. Judge Corocoy D. Moson
10. Prof. Michael O. Mastura
** Resource Persons for Conflict Resolution
1. DCA Bernardo T. Ponferrada
2. Dean Eduardo D. de los Angeles
3. Dean Pacifico A. Agabin
4. Chairman Alfredo F. Tadiar
List of Lecturers (Shari’a & Islamic Jurisprudence)
1. Jolo ]
2. Zamboanga ] 8
3. Cotobato ]
4. UP (Mla) 4
Total 12
Lecture Topics preparatory to Shari’a Bar Examination (to be given every Other year on a definite date in four places: 1) Jolo, 2) Zamboanga, 3) Cotabato City, 4) Mindanao State University or Marawi City, and 5) UP Institute of Islamic Studies, Diliman, QC on the four subjects.
1. Islamic Jurisprudence
2. Persons & Family Relations
3. Succession
4. Islamic Procedure and Evidence
Lecturers on Conflict Resolution
1. PHILJA Mediation Lecturers
2. Lecturers on Agama Arbitration Council
3. Six (6) selected sites for the construction/renovation of Justice Centers/Shri’a Courts, viz:
(i) Jolo, Sulu
(ii) Zamboanga City
(iii) Isabela, Basilan
(iv) Marawi City
(v) Cotabato City
(vi) Malabang, Lanao del Sur.”
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
By:
(Sgd.) MA. LUISA D. VILLARAMA
Assistant Clerk of Court