RETAINERS CONTRACT

KNOW BY ALL MEN BY THESE REPRESENTS:

This CONTRACT , made and executed into by and between:
TAGUM COOPERATIVE, a cooperative duly organized and existing
by virtue of Phillipine laws, with principal office at Tagum City , Davao
del Norte, represented in this act by the Chairperson of the
Board of Directors, NORMA R. PEREYRAS, by virtue of BOD Resolution
No .454, Dated June 29, 2012 , hereinafter referred to as the TAGUM
COOP.
-andROLANDO C. CASAWAY , of legal age, Filipino, married and a
resident of Tagum City, Davao del Norte, hereinafter called the
LAWYER.
WITNESSETH:
WHEREAS, TAGUM COOP is primarily a savings and credit
cooperative with many allied services for its members, potential
members and the public;
WHEREAS, in view of the business operation of TAGUM COOP , it
is in need of the legal expertise and commitment of the LAWYER in
court actions, foreclosure proceedings, collection on loans granted to
members, and other related functions;
WHEREAS, TAGUM COOP wants to engage the professional
services of the LAWYER on a retainer basis and the LAWYER has
accepted such engagement;
NOW THEREFOR, for and in consideration of the foregoing
premises, the parties hereby undertake on the following:
I.

DURATION. The term or duration of the engagement for legal

services shall be for one (1) year, subject to review and
amendments of the new set of Board of directors;

II.

SCOPE OF LEGAL SERVICES. The Lawyer shall make himself

available and ready for consultation by Tagum Coop or its
duly authorized officers in all matters requiring legal advice
and opinion affecting Tagum Coop in general. Written opinions

rendered by the Lawyer on matters affecting the business and

operations of Tagum Coop shall be
submitted to the
Board of Directors. The Lawyer shall attend Regular Board of
Directors Meetings and when his attendance is required and
necessary to assist the BOD in the determination of matters,
which may have legal implications, which attendance is
already part of his duties, hence without additional
honorarium.
The Lawyer shall sign demand letters, prepare documents,
contracts,
agreements and other legal documents referred by the General
Manager and the
Board of Directors. Moreover, the Lawyer shall also notarized
said documents,
which may also include Promissory Notes, Real Mortgages,
Chattel Mortgages,
Special Power of Attorneys, Deeds of Assignment, among others
which shall be
Notarized free of charge.
A. CRIMINAL CASE
When Tagum Coop deems it necessary to
institute and file
necessary criminal case, the Lawyer shall represent
Tagum Coop in all
suits and proceedings in appropriate courts, offices,
tribunals or
agencies.The Lawyer shall be entitled to ten percent (10%)
of attorneys
fees based on the amount to be collected from the
member, which
amount is chargeable against the
account of the member.
When the criminal case is not based on any
monetary
consideration, the attorneys fees may be subject to the
terms and
agreement between Tagum Coop and the Lawyer.

B. CIVIL CASES
i . COLLECTION FOR SUMS OF MONEY
a. ON CURRENT ACCOUNTS
1. The Lawyer shall sign demand letters within
five (5) days
from receipt on delinquent accounts of member
which delinquency reached a period of two (2)
months or over or as may be determined by the
General Manager .
2. The Lawyer shall represent Tagum Coop in the
filing of suits before appropriate courts of law,
tribunals or agencies in collection cases,
foreclosure proceedings and such other cases
indorsed by the General Manager and
approved by the Board of Directors.
b.CHARGE-OFF ACCOUNTS
1. The Lawyer shall sign, within five (5) days
from receipt,
final demand letters, for full of payment of
delinquent
obligations on loans incurred by the members.
2. The Lawyer shall represent Tagum Coop in
the filing of suits before appropriate courts of law, tribunals or
agencies in collection cases, foreclosure proceedings and such other
cases indorsed by the General Manager and approved by the Board of
Directors.

III. FEES
A. RETAINERS FEE
The Lawyer shall be entitled to a fixed monthly retainer fee
of forthy
Thousand Pesos (Php. 45,000.00) , payable every fifth of the
month;

B. ATTOTNEYS FEE
In cases handled by the Lawyer , such as extrajudicial
foreclosure ,
Judicial foreclosure or collection of sum of money, Tagum Coop
shall pay
The Lawyer as his attorneys fee Ten Percent (10%) of the total
obligation being
Claimed by Tagum Coop against the member. Should there be
any negotiation or
Compromise settlement, the ten percent (10%) shall be based
on the negotiated
Amounts, which attorneys fee shall be charged against the
account of the member.
If no amount is involved, whether criminal, civil,
administrative, or
Labor case the attorneys fee shall be mutually agreed upon by
Tagum Coop
And the Lawyer prior to the filing of the case;
C. APPEARANCE FEES
The Lawyer is entitled to appearance fees for cases filed in
court,
Body , tribunal or agency, as follows:
1.Davao del Norte:
-within Tagum City . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . P 1,000.00
-within Panabo
City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .P2,500.00
(plus fuel & meals
expenses)
within Island Garden City of Samal . . . . . . . . . . . . .
. . . . . . . .P 3,000.00
(plus fuel & meals
expenses)
-all other Municipalities . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . .P 3,000.00
(plus fuel & meals
expenses)

2.Compostela Valley Province:

within Nabunturan and Mawab . . . . . . . . . . . . . . . .
. . . . . . . . .P 2,500.00
(plus fuel & meals
expenses)
all other Municipalities . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .P 3,000.00
(plus fuel & meals
expenses)
3.Davao Oriental:
within Mati
City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .P 4,000.00
(plus fuel & meals
expenses)
- all other Municipalities . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . P 5,000.00
(plus fuel & meals
expences)
4.Digos
City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .P 3,000.00
(plus fuel & meals
expenses)
5.General Santos City,Kidapawan
City . . . . . . . . . . . . . . . . . . . . . . . . . . .P 5,000.00
Cotabato City & Cagayan de Oro City
(plus fuel,board and
lodging
in accordance with TC
travel
guidelines)
6. within Metro Manila and Cebu City . . . . . . . . . . . . . . . . . . . .
. . . . . . . .P 6,500.00
(plus transportation expenses , plane fare,
board and lodging
in accordance with TC travel guidelines )

D.PAYMENT OF ATTORNEYS FEE

Attorneys fees shall be charged by Tagum Coop against
the account of the
Member.
D1.Judicial and Extrajudicial Foreclosures
With respect to judicial and extrajudicial foreclosures the
attorneys fee shall be
Paid as follows:
50% - After issuance of the Provisional sheriff Certificate of
Sale by the
Provincial Sheriff and/or court decision/order relative
thereto.
50% - After the property shall have been sold based on
actual proceeds or
amount of sales received by Tagum Coop. However , upon
the termination
of the retainership, the Lawyer shall collect from Tagum
Coop said
attorneys fee whichever comes first.
D2. Collection of Sum of Money
With respect to collection of sum of money, the
attorneys fee, shall
Be paid as follows:
50% - After issuance of the court decision/order relative
thereto.
50% - After the account shall have been fully paid by the
member .
However upon the termination of the retainership the
Lawyer shall collect
From the COOPERATIVE said attorneys fee whichever
comes first.
D3.Incapable of Monetary Determination
With respect to criminal or civil or administrative or labor cases,
not falling

Within the cases aforementioned, the attorneys fee shall be paid

as follows:
50% - upon the filing of the case in court.
50% - upon the issuance of the decision by the court of
origin.
In appealed cases, the attorneys fee shall be agreed upon by
the Lawyer and Tagum
Cooperative before the appel is made.
In no case shall the member-borrower pay directly to the
LAWYER his attorneys
Fees, but the same shall be collected by Tagum Coop from the
member.
IV. FILING FEES and OTHER EXPENSES.
Routinary expenses for mailing of demand letters, pleadings to
court and copies thereof to adverse parties, costs of photocopy of
evidentiary documents, payment of stenographic notes, costs of
publications of notices, as well as filing fees and other legal expenses
in court and other appropriate government offices shall be for the
account of Tagum Coop.
V.DUTIES and COMMITMENTS
The LAWYER shall submit to Tagum Coop every month, written
reports on all pending matters, handled by the Lawyer for Tagum
Coop.
The Lawyer shall be at Tagum Coop during Wednesday and
Saturdays and such other days as agreed upon by the Board of
Directors and the LAWYER.The time and hours thereof shall likewise be
agreed upon by the General Manager and the Lawyer.
The Lawyer, in addition to the herein enumerated services, shall
well and faithfully serve the CLIENT and shall at all times devote his
whole time and attention to the assignments and tasks given or
entrusted to it by Tagum Coop and shall do and perform all such
services, acts and things connected therewith as Tagum Coop shall
from time to time direct; nor shall the Lawyer at any time get himself
in a situation where a conflict of interest may arise between those of
Tagum Coop and the Lawyer and/or his clients;

The Lawyer swhall not, either during the term of this Contract or
any time thereafter, use or disclose to any person , office, corporation
or entity any confidential information concerning the affairs of Tagum
Coop which he may have acquired in the course of or as incident to his
Contract for his own benefit,or to the detriment or probable detriment
of Tagum Coop.

V. GENERAL PROVISIONS
It is understood and agreed that nothing in this contract shall be
construed as establishing the relationship of employer-employee
between Tagum Coop and the Lawyer , including his personnel. The
Lawyer is an independent professional and responsible and
accountable to Tagum Coop and the Board of Directors.
Any violation of the terms and conditions of this contract by the
Lawyer shall give Tagum Coop the option to rescind or cancel
immediately the contract without necessity of judicial proceedings;

A party hereto may terminate this contract by giving thirty days

advance notice to the other party.
That this contract shall take effect on November 1 , 2012.
IN WITNESS WHEREOF ,the partner hereto have hereunto set
their hands this ____day of ____________________,2012 at Tagum
City,Davao del Norte.

TAGUM COOPERATIVE
Tagum Coop

By:

ROLANDO C. CASAWAY
Lawyer

NORMA R. PEREYRAS
Chairperson

Signed in the Presence of

_______________________________________ &
____________________________________

CKNOWLEDGEMENT
REPUBLIC OF THE PHILLIPINES )
CITY OF TAGUM
)S.S
PROVINCE OF DAVAO DEL NORTE )
x-------------------------------------------------------x
BEFORE ME, a NOTARY Public, for and in the Province of Davao
del Norte, this
_______________day of __________________, 2012 , personally
appeared the above-named
persons with their identification cards, to wit:
NAME

VALID ID NO.

ISSUED BY

EXPIRY DATE

Norma R. Pereyras
12472
representative
2013
Atty . Rolando C. Casaway
01829
Lifetime

House of
IBP

Known to me to be the same persons who executed the foregoing

Retainers Contract and
That they acknowledge to me that the same is their free act and
voluntary deed.
This instrument consisting of seven (7) pages including this page
wherein this
Acknowledgement is written, have been signed by the parties together
with their instrumental witness on each and every page thereof.
WITNESS MY HAND AND SEAL on the date and the place above
written.

Doc No.________
Page No._______
Book No._______
Series of 2012