EO-LEGAL TEMPLATE

May 2012
PROFESSIONAL SERVICE CONTRACT
KNOW ALL BY THESE PRESENTS:
This Professional Service Contract is entered into by and between:
The
PHILIPPINE
BUSINESS
FOR
SOCIAL
PROGRESS, a non-stock, non-profit corporation duly
organized and existing in accordance with the laws of
the Republic of the Philippines, with principal office at
PSDC Building, Magallanes corner Real Streets,
Intramuros Manila, represented by the MARTIN R.
PERFECTO hereinafter referred to as PBSP;
-andJERRY V. BIONAT, of legal age, Filipino and a resident
of Iloilo City, hereinafter referred to as the
CONTRACTOR.
WITNESSETH
WHEREAS, PBSP implements livelihood activities to support and
complement the IRC in the shelter and livelihoods components for an emergency
activities and early recovery support for populations affected by Typhoon Yolanda.;
WHEREAS, The conduct of Basic Emergency Response Training.
WHEREAS, there is a need for a Resource Person of the said training;
NOW THEREFORE, for and in consideration of the above premises, the
services shall be rendered in accordance with the following terms and conditions:
I. SCOPE OF WORK
A. RESPONSIBILITIES OF THE CONTRACTOR
The contractor shall have the following duties and responsibilities;
1. To prepare the municipalities and barangays in carrying out emergency
planning, reporting and multi-service responses.
2. To document and provide the minutes of the training.
B. RESPONSIBILITIES OF PBSP
PBSP shall have the following duties and responsibilities:
1. To provide the Resource Speaker with materials and equipment needed for
the training
2. To provide meals and snacks during the training
II. PROFESSIONAL FEES

EO-LEGAL TEMPLATE
May 2012

For services rendered, PBSP shall pay the contractor

the amount of TWENTY THOUSAND PESOS only
(Php20,000), inclusive of applicable tax. Payment will
be released within (15) working days upon submission
and approval of the required expected outputs.
III. PERIOD OF SERVICE
The Contractors period of service covers 3 days commencing on August 25-27,
2015.
IV. WORKING RELATIONSHIP (OR REPORTING ARRANGEMENT)
1. The Contractor shall submit outputs for review directly to KATHRINA MONA
S. ABREA and approved by JOY DE LEON-MERAVELES. The outputs
shall be subject to review to determine compliance with stipulated quality of
work.
2. Other than those indicated above, this Contract does not create an
employer-employee relationship between PBSP and the Contractor.
V. STANDARD CLAUSES
1. This Contract takes effect on the date of signing. Any and all amendments
shall be mutually agreed upon in writing between the parties.
2. Either party may pre-terminate this Contract. Provided that thirty (30) day
written notice is served upon the other.
3. This Contract is made on the understanding that the Contractor is an
independent contractor and is not entitled to recover from PBSP any
income tax payable in respect of the fee provided under this Contract and
shall be solely liable for the payment of any national income tax due in
respect of the emoluments payable under this Contract.
4. While carrying out his/her obligations under this Contract the Contractor
shall act at all times in a manner benefiting his/her relationship with PBSP
and shall not engage in any activity that is incompatible therewith. He/she
shall not, while performing the work contracted for or any time thereafter,
utilize in any manner prejudicial to or incompatible with the interests of
PBSP any information of a restricted or confidential nature, which may
come to his/her knowledge in connection with the performance of his/her
contractual obligations.
5. All rights, including the copying and patent rights, in any work produced by
the Contractor by virtue of this Contract shall be vested in PBSP, which
alone shall hold all rights of use.1

1 Only for contracts involving copyrightable material.

EO-LEGAL TEMPLATE
May 2012
6. If the work produced in performance of this Contract is published,
acknowledgement of authorship will be made in an appropriate manner,
except for the reports for conference and meetings. 2
VI. UNSATISFACTORY OR INCOMPLETE WORK
In the event that the work provided in this Contract is unsatisfactory or fails to
conform to the conditions set above, PBSP reserves the right, as appropriate, to
interrupt it, to request that it will be corrected or modified, or refuse to accept it. In
such cases payment may be made in consideration of the work performed to the
satisfaction of PBSP.
VII.

PENALTY CLAUSE

In the event that the Contractor fails to deliver the expected outputs on time or
should PBSP find the reason for delay not acceptable, a penalty of of 1 % of the
price of the contract3 shall be imposed on the Contractor for every day of delay.
Reason as stated herein shall mean a written explanation for the cause of delay
and to be approved by PBSP.
No penalty shall be charged when the delay in completion of the work is due to
unforeseeable causes beyond the control and without the fault or negligence of the
Contractor, or to any causes directly attributable to PBSP, or to events of force
majeure that make it impossible for the Contractor to carry out his/her obligations
under this Contract.
VIII.

DISPUTE RESOLUTION

Any dispute, controversy or claim arising out of or relating to this Contract, or the
breach, termination or invalidity thereof shall be settled by arbitration in
accordance with the PDRCI Arbitration Rules as at present in force. The place of
arbitration shall be Manila, Philippines. The language to be used in the arbitral
proceedings shall be English.
NOW, THEREFORE, for and in consideration of the above premises, the
parties have hereunto affixed their signature this ________ day
of_______________ 2015, Manila, Philippines

PHILIPPINE BUSINESS FOR

SOCIAL PROGRESS
MARTIN R. PERFECTO
CTC NO.:
Issued on:
Issued in:

CONTRACTOR

JERRY V. BIONAT
CTC NO.:
Issued on:
Issued in:

2 Same
3 OR: of the price of output per major milestone or deliverable, whichever is
applicable.