SERVICE CONTRACT

KNOWN ALL MEN BY THESE PRESENTS:

This CONTRACT made and entered into by and between:
SOUTHERN LEYTE ELECTRIC COOPERATIVE, INC. (SOLECO),
a cooperative duly organized and existing under P.D. No. 269,
as amended by P.D. No. 1645, with principal office in Brgy.
Lamak, Hilongos, Leyte, herein represented by its General
Manager, ENGR. JONATHAN EMPENO and hereinafter known as
the COOPERATIVE,

-andGECELO L. CENIZA, Filipino, of legal age, married, a

resident of Brgy. Libertad, Ormoc City, doing business under
the name and style GB GENERAL SERVICES, and hereinafter
known as the CONTRACTOR,

WITHNESSETH:
That WHEREAS, the COOPERATIVE is in need of the
services of an independent job contractor who can provide to it
electric disconnection services within its coverage area of
jurisdiction;
That WHEREAS, the CONTRACTOR represents and
warrants that he is a duly registered independent job
contractor that can provide the services needed by the
COOPERATIVE, and that he maintains an independent business
of job contracting, with sufficient capital and investment in the
form of tools, equipment, vehicles and office of his own, and
necessary personnel to provide the COOPERATIVE the services
needed;
NOW THEREFORE, for and in consideration of the
foregoing premises, the COOPERATIVE hereby engages the
CONTRACTOR to provide ELECTRIC DISCONNECTION services in
the service area of the COOPERATIVE, and the CONTRACTOR
hereby agrees to provide such services, under the following
terms and conditions:
CONTRACTORS OBLIGATIONS:
(1)

That the CONTRACTOR agrees to provide and furnish

disconnection services to the COOPERATIVE by
disconnecting the electric service connection of
member consumers with past due accounts;

(2)

That the disconnection shall be undertaken by the

CONTRACTOR at the service entrance of the
consumer and should follow the standard procedure
set by SOLECO.

(3)

That the disconnection shall be undertaken, with

proper order from the COOPERATIVE through
Service/Job Order or Service Memorandum covering
the list of member-consumers with past due
accounts, provided that:
a. Disconnections of service shall not be made on
any weekday beyond 3:00 p.m., and on Saturday
s, Sunday s, and official holidays.
b. One of the permanent occupants is sick and
dependent on a life support system requiring
electricity; Provided, that the member-consumer
can present a medical certificate issued by a duly
licensed physician or public health official
certifying that the termination of electric service
would be especially dangerous to the health of
the said persons; and Provided, further, that the
suspension of disconnection shall only be made
during the dependency of the patient on the life
support system which shall not exceed two (2)
months such suspensions;
c. During funeral wake of a deceased permanent
resident of the premises; Provided, that the
member-consumer can present a duly certified
copy of the death certificate of the deceased
issued by the Local Civil Registry of the City or
Municipality concerned; and Provided, further
that the suspension of disconnection shall only
be made during the period of he wake which shall
not exceed one (1) month from the suspension or
until the interment, whichever comes earlier.

(4)

That the CONTRACTOR shall submit immediately

after 3:00 p.m. of each day during weekdays the
list/summary of disconnected consumers on a daily
basis for the COOPERATIVE to update its records and
closely monitor movement of member-consumers
accounts and installations;

(5)

That
the
CONTRACTOR
shall
desist
from
disconnecting any residential and BAPA memberconsumer to pay his bill within twenty-four (24)
hours pursuant to Article 21 of the Magna Carta for
Residential Electric Consumers; however, he shall
require the member-consumers to signify or make
payment within twenty-four (24) hours thru signed
statement bearing the date and time when the
disconnector arrived at the place acknowledging
intention to pay, as such the CONTRACTOR shall be

paid for such services rendered equivalent to 100%

of the rate for residential and BAPA consumers
stipulated in paragraph 2 of the heading
OBLIGATIONS OF THE COOPERATIVE hereunder
provided;

(6)

That the CONTRACTOR shall provide his personnel

uniform and identification card to his personnel.

(7)

That the CONTRACTOR shall provide

required by the COOPERATIVE from
The selection or hiring, assignment,
discipline of such personnel shall
absolute discretion and control of the

(8)

That the CONTRACTOR shall be responsible for the

supervision and control of his personnel as regards
the performance of the services herein contracted,
regardless of the places where the personnel are
performing their assigned work;

(9)

That the CONTRACTOR shall strictly comply with all

the laws, decrees, rules, and regulations required of
independent
job
contractors
and
shall
be
responsible in securing his own business permits
and licenses from the proper government offices
and the continued registration of his business with
the
Department
of Labor
and Employment,
Department of Trade and Industry and totghe LGU;

the personnel
time to time.
discharge and
be under the
CONTRACTOR.

(10) That the CONTRACTOR shall, likewise, render the

COOPERATIVE free and harmless from any claims of
the personnel he has assigned to perform services
to the COOPERATIVE, for personal injury sustained
while at work or from claims of any person/s for
damage to real or personal property resulting from
the negligence of said personnel.

OBLIGATIONS OF THE COOPERATIVE:

1

The COOPERATIVE shall give the CONTRACTOR a list

of member-consumers whose electric service shall
be disconnected at about 4:30 p.m. of the day
preceding the actual disconnection due.

The services rendered by the CONTRACTOR under

this CONTRACT shall be paid by the COOPERATIVE in
the amount of Eighty PESOS (P80.00) for every
disconnected
residential,
commercial,
public
building, street lights BAPA consumers; and TWELVE
PESOS (P12.00) for the delivery of notice for
disconnection outside the City and SEVEN PESOS
(P7.00) within the City with gasoline allowance of
THREE
LITERS PER route and municipaity.
All
billings by the CONTRACTOR shall be made every

first day of the week following the week when the

disconnection services were undertaken.

OTHER TERMS AND CONDITIONS,

PERIOD OF TERMINATION OF
THIS CONTRACT:

The CONTRACTOR hereby warrants all the personnel

assigned by him to perform the services herein
contracted
are
his
own
employees
and,
consequently, it is hereby understood that between
said personnel and the COOPERATIVE there exists no
employer-employee relationship.

That this contract shall be for a period/term of one

(1) year, commencing on _____________________and
ending on ______________________, renewable after the
expiration of the contract.

3.

That any of the provisions of this contract may be

amended
In whole or in part as agreed by both parties.

4.

That this contract and any renewal thereof may be

terminated for any reason by either party at any
time by serving upon the other party a written
notice of at least thirty (30) days prior to the
affectivity of the termination.

5.

Any litigation arising from this contract shall be filed

in the proper court to which the City of Maasin, So.
Leyte belongs its territorial jurisdiction.

IN WITNESS WHEREOF, the parties have caused this contract to

be signed this _____ day of _____________________, 20____ in Maasin
City So. Leyte, Philippines.
SOUTHER LEYTE ELECTRIC COOPERATIVE, INC.
Principal
By:

General Manager

Contractor

Signed in the presence of:

1. _________________________

2. _________________________

ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF LEYTE . . . . . . . ) S.S.
City of Maasin . . . . . . . . . )
BEFORE ME, this ______ day of _________________, 2012____,
personally appeared the following their respective Community
Tax Certificates:
1 _____________________________________________________________________
2. _____________________________________________________________________
Both known to me to be the same persons who executed
the foregoing instrument and they acknowledge to me that the
same is their true and voluntary act and that of the entity that
they represent.
This SERVICE CONTRACT consists of _____( ) pages. Each
page bears the signatures of the parties and their witnesses.
WITNESS MY HAND and SEAL on the date and at the place
above-stated.

Doc. No._________
Page No.________
Book No._________
Series of _________