Technical Training on Operating and

Maintaining Complex Design SPs for

M/BLGU Officials and O & M Group
0o0 Legal Aspects 0o0

by
Atty. Geramer V. Durato
 What is a

• A voluntary, deliberate, and legally binding AGREEMENT

between two or more competent parties.

A contractual relationship is evidenced by:

(1) an offer,
(2) acceptance of the offer, and a
(3) valid (legal and valuable) consideration.

Each party to a contract acquires rights and duties relative to the rights and
duties of the other parties.

Read more:
http://www.businessdictionary.com/definition/contract.html
 What is a

• A contract is a MEETING OF MINDS between two

persons whereby one binds himself with respect to
the other, to give something or to render some
service.
-Art. 1305, CC
 Did you remember that you have
signed a contract?
(1) Specific Implementation Arrangement for KC-
NCDDP (tripartite);

(2) KC-NCDDP Tripartite Agreement for the

Implementation of Name of Specific SP;

(3) Lagda sa Hiniusang Kasabutan sa Pagdumala sa

Proyekto sa Barangay
 SIA: Roles and Responsibilities
The DSWD shall: The PLGU shall:
• Assign ACT; • Promote KC participatory
• Coordinate with MCT & process;
LPRAT-MIAC; • Provide complementary
• Provide grants; resource and tech assistance;

• Promote active • Conduct monitoring and

participation of LGUs evaluation;
(P/C/M/BLGU) • Designate Provl Planning
• Establish linkages (NGAs, etc.) Officer or PSWDO as Provl
Focal Person
 SIA: Roles and Responsibilities
The C/MLGU shall:
• Pass ordinances in support
of CDD;
• Provide LCC;
• Make accessible relevant
information;
• Promote and support active
engagement of citizens;
• Uphold and preserve KC processes
• Support KC implementation
and CB activities;
• Comply with procedures
and guidelines;
• Participate in community
assessment meetings, etc;
• Adhere to the roles and
responsibilities in the MOA
Disengagement, Termination & Sanctions

• How?
***Written Notice specifying the reason/s

• DSWD reserves the right to suspend Program

Implementation for grievance relating to non-compliance or
violation by the Prov/Mun of any provisions of this SIA;
Disengagement, Termination & Sanctions

• Non-compliance or Violation may result to:

a) warning or imposition of probationary status;

b) termination of Program operations;

c) delisting of “violating” barangay, group of baragays

or entire municipality from the project
Disengagement, Termination & Sanctions

• In the event that the Municipality fails to complete the

approved SPs by (certain date), the Municipality shall be
constrained to shoulder all the corresponding costs required
to complete the implementation of SPs.
 ACKNOWLEDGMENT
“Known to me to be the same persons who
executed the foregoing instrument and
acknowledged to me in their FREE and
VOLUNTARY ACT and DEED. This Project
Agreement, which consists of 14 pages including
this page, has been signed by the parties and
their witnesses on the left margin of each and
every page.”
 To what extend the parties in a
contract may be bound to?

 Contracts are perfected by mere consent, and from

that moment the parties are bound NOT ONLY to
the fulfillment of what has been expressly
stipulated but also to all the consequences which,
according to their nature, may be in keeping with
good faith, usage and law.
-Art. 1315, CC
What is the nature of obligations that
arise from contracts?

 It has the FORCE of LAW!

“Obligations arising from contracts have the

FORCE of LAW between the contracting parties and
SHOULD BE COMPLIED WITH in good faith.”
-Art. 1159, CC
 Are there LIABILITIES
in case of Breach?

 Definitely, YES!

“Those who in the performance of their

obligations are guilty of fraud, negligence, or delay,
and those who in any manner contravene the tenor
thereof, are liable for damages.”
-Art. 1170, CC
 Are liabilities DEMANDABLE?

 YES!

“Responsibility arising from negligence in the

performance of every kind of obligation is also
DEMANDABLE, but such liability may be regulated by
the courts, according to the circumstances.”
-Art. 1172, CC
 “Mantra”
“Every person must, in the exercise of his
rights and in the performance of his duties,
act with justice, give everyone his due, and
observe honesty and good faith.”

[Art. 19 of Civil Code]