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REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF AGRARIAN REFORM


Tunay na Pagbabago sa Repormang Agraryo
Cordillera Administrative Region
San Isidro Sur, Luna, Apayao

CONTRACT OF SERVICE

THIS CONTRACT OF SERVICE IS MADE AND ENTERED INTO BY AND BETWEEN:

The DEPARTMENT OF AGRARIAN REFORM (DAR), a government agency with


office address at San Isidro Sur, Luna, Apayao, herein represented by ATTY. PENELOPE
B. DE AUSEN, Provincial Agrarian Reform Program Officer II, hereafter referred to as the
“FIRST PARTY”;

And

JOHN PAUL H. BUNAY, of legal age, Filipino, Married, and a resident of Barangay.
Sta. Lina, Luna, Apayao hereafter referred to as the “SECOND PARTY”.

RECITALS:

The FIRST PARTY has necessitated the adoption of appropriate institutional


reforms in its Planning, Monitoring, and Evaluation (PME) system which is also in line with
the now called Public Financial Management (PFM) principles prescribed by such
oversight agencies in DBM and NEDA.

The FIRST PARTY warrants that the skills and expertise to perform said work
requirements is not currently available in its manpower pool;

The SECOND PARTY possesses the education, experience and skills required to
perform the job, as described herein;

The SECOND PARTY, hereby attests that he is not related within the third degree
of consanguinity or affinity to the: 1) hiring authority and/or 2) representative of the FIRST
PARTY; 3) that he has not been previously dismissed from government service by reason
of any administrative offense;

PERFORMANCE:

The SECOND PARTY commits to always uphold office interest over and above
personal interest and use all government resources efficiently, effectively, honestly and
economically, particularly to avoid wastage of public funds and revenues;

The SECOND PARTY commits to perform and discharge her duties with the highest
degree of existence, professionalism, intelligence and skill and render service with utmost
devotion and dedication to duty;

DAR PROVINCIAL OFFICE CP No. 09063686525


San Isidro Sur, Luna, Apayao. Email Add: darapayao2013@yahoo.com
The SECOND PARTY commits to act with justness and sincerity and not
discriminate against anyone, especially the poor and the underprivileged, respect the rights
of others and refrain from doing acts contrary to law, good morals, good customs, public
policy, public order, public safety and public interest.

The FIRST PARTY agrees to engage the services of the SECOND PARTY under a
Contract of Service (COS) with the following terms and conditions herein stated.

NOW THEREFORE, the parties agree as follows:

1 TERMS AND COMPENSATION

1.1 The SECOND PARTY is hereby contracted as IT ASSISTANT/ IT


MAINTENANCE for FOUR (4) MONTHS from August 25, 2023 to
December 31, 2023 in consideration of SIX HUNDRED FIFTY PER DAY
(P650.00/day) subject to all applicable deductions and other rules and
regulations promulgated and/or may be promulgated by concerned
government institutions and the submission and acceptance of deliverable
outputs; Payment of which shall be sourced from GAAS under the object of
expenditure as other professional services.

1.2 The SECOND PARTY may be allowed to claim travelling expenses and per
diems incurred in the performance of her duties and functions subject to
Accounting Rules and Procedures.

1.3 The SECOND PARTY may be entitled to receive a premium up to 20% of her
salary/wage in tranches (mid-year and year end payments) subject to the
availability of funds and in accordance with existing circulars.

2 SERVICES

2.1 The SECOND PARTY shall perform the functions enumerated therein,

a. Responsible in E-NGAS and E-BUDGET system maintenance and updating


b. Responsible in maintenance and repair of all IT equipment of the office
c. Responsible in updating of all computer software of the office
d. Responsible in updating of DAR database system
e. Act as Secretariat in ODTS updating
f. Perform other task that may be assigned from time to time or as requested
related to information technology.

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3 TERMINATION OF THE CONTRACT

3.1 This Contract shall cease at the end of the period stated without need of
notice. However, this contract may be pre-terminated by the FIRST PARTY,
provided that the SECOND PARTY is informed in writing at least thirty (30)
days prior to the effectivity of such termination;
3.2 The services of the SECOND PARTY may likewise be terminated earlier than
the expiration date due to the failure to provide the standard of service required
under contract, breach of any of the provisions of the Agreement, breach of
trust, loss of confidence and for reasons detrimental to the interest of the
FIRST PARTY;

3.3 Over the same period, the SECOND PARTY may initiate the termination of
this Contract provided that:

3.3.1 A written notice for the pre-termination of this Contract is submitted by


the SECOND PARTY stating therein the reasons for the pre-
termination of the contract, at least thirty (30) calendar days prior to
the proposed date of effectivity for contract termination; and

3.3.2 The written notice has been received, accepted and approved in
writing by the FIRST PARTY.

3.4 The SECOND PARTY, upon the end of the period of this Contract or upon
pre-termination thereof, shall promptly deliver to the FIRST PARTY through its
authorized representatives, all property, documents, records, papers, and the
like, which may be in his possession or under his control and which relate in
any way to the functions and services of the FIRST PARTY and no copies of
such or any part shall be retained by the SECOND PARTY;

3.5 The SECOND PARTY shall only be granted clearance when she latter is
cleared of all money and other accountabilities upon termination/expiration of
the contract.

4 OFFICE WORKING HOURS

The engagement as Contract of Service is not covered by Civil Service Law, Rules and
Regulations but by rules on the payment of a transaction. For purposes of this Contract,
the payment of services rendered of personnel hired under Contract of Service shall be
as follows:

4.1 The SECOND PARTY shall render not less than eight (8) hours of work
between 7:00 am to 6:30 pm a day, for five (5) days for a minimum total of forty
(40) hours a week, exclusive of time of lunch;

4.2 Lunch break shall be from 12:00 nn to 1:00 pm;

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5 DAILY TIME RECORD (DTR)

5.1 DTR is the basis of the COS Personnel’s attendance and the payment of
services rendered which shall not be processed until the said DTR, along with
another requirement had been duly submitted;

5.2 The COS personnel and the supervisor’s signatures signify their assent and/or
attestation to the time entries in the DTR;

5.3 COS personnel shall officially transmit the complete Personnel copy of the duly
initialled/signed DTRs to the Personnel Division within 5 working days upon
receipt of the DTR. The other copy of the DTR shall be retained by the
concerned COS personnel for his personal file.

6 INDIVIDUAL PERFORMANCE COMMITMENT AND REVIEW (IPCR)

6.1 COS personnel shall be required to submit performance targets and ratings using
the standard Strategic Performance Management System (SPMS) template.

7 CONFIDENTIALITY

7.1 The SECOND PARTY shall not, during the term of this contract and within one
(1) year after its expiration, disclose to any other person or make use of, for her
own benefit, any secret or confidential information about pending and decided
cases, internal communication and correspondence, and other confidential
information, data files, and documents and the like, to which shall come to her
knowledge during her employment or otherwise. Notwithstanding the provision of
Item no. 3, substantial breach of this confidentiality clause shall be a ground for
immediate termination of the contract.

8 NO EMPLOYER-EMPLOYEE RELATIONSHIP

8.1 It is understood that this Contract in so far as tenure in government service is


concerned, does not create an employer-employee relationship between the
FIRST PARTY and the SECOND PARTY, that the services rendered hereunder
are not considered and will not be accredited as government service and that the
latter is not entitled to benefits enjoyed by the regular personnel of the FIRST
PARTY such as but not limited to PERA, ACA and RATA.

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IN WITNESS WHEREOF, both parties have hereunto set their hands this
______ day of _______________________, 2023 at Luna, Apayao.

DEPARTMENT OF AGRARIAN REFORM

FIRST PARTY: SECOND PARTY:

ATTY. PENELOPE B. DE AUSEN JOHN PAUL H. BUNAY


OIC-PARPO II COS
CRN-006-0086-2604-0 ID NO. 04-250895840-9
UMID Philhealth

Funds Available:

SALVADOR D. DAGSON
Accountant II

Signed in the presence of:

HILDA C. JULIAN ISIDRA C. CALUDUCAN


ARPO II/OIC-BUDGET OFFICER OIC-Provincial Chief Admin. Officer

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ACKNOWLEDGMENT

Republic of the Philippines )


Province of Apayao ) S.S.

BEFORE ME, a Notary Public for and in behalf of the above jurisdiction,
personally appeared the herein parties with competent evidence of their identities as
indicated below their names known to me to ne the same persons who executed the
foregoing instrument and acknowledged to me that the same is their own free will
and voluntary act and deed.

This instrument consists of six (6) pages including this page wherein this
Acknowledgement is written, and is signed by the parties and their instrumental
witnesses on each and every page thereof.

WITNESS MY HAND AND SEAL, this ______ day of


____________________, 2023 at Luna, Apayao, Philippines.

Doc. No.________;
Page No.________;
Book No.________;
Series of 2023.

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