CONTRACT OF SERVICE

KNOW ALL MEN BY THESE PRESENTS:

This Contract of Service (COS) is made and entered by and between:

The DEPARTMENT OF HEALTH-DAVAO CENTER FOR HEALTH

DEVELOPMENT, a government agency created and existing under the laws of the Republic
of the Philippines, with office address located at JP Laurel Avenue, Bajada, Davao City, herein
represented by DR. ANNABELLE P. YUMANG, MCH, CESO IV, in her capacity as the
Regional Director, herein referred to as the “First Party”;
and

The following Human Resources of legal age, Filipino and with residence address,
hereinafter referred to as the “Second Parties”;

NAME ADDRESS

-WITNESSETH-

WHEREAS, Section 4(w) of Republic Act (RA) No 11494 “Bayanihan to Recover as

One Act” provides for the engagement of temporary human resources for health (HRH) such as
medical and allied medical staff to complement and supplement the current health workforce or
to serve in various health facilities;

WHEREAS, the enactment of RA no 11519 or “An act extending the availability of

appropriations under Republic Act No. 11494, otherwise known as “Bayanihan to Recover as
One Act” ensures the availability of funds for programs under RA 11494 including the hiring of
HRH;

WHEREAS, the cost for the implementation of HRH augmentation under emergency hiring is
chargeable against SAA No. 21-06-1145.

WHEREAS, the First Party is in need of the services of the Second Parties;

WHEREAS, the Second Parties have signified their intention, which the First Party
has accepted, to provide the service needed by the latter;

WHEREAS, the Second Parties possess the education, experience and skills required
to perform the job as described herein;

WHEREAS, the Second Parties attest that a) they are not related within the third
degree of consanguinity or affinity to the hiring authority and/or representative of the First
Party; b) that they have not been previously dismissed from government service by reason of
an administrative offense; and that c) that they have not reached the compulsory retirement age
of sixty-five (65);

NOW THEREFORE, in consideration of the foregoing premises, the First Party

hereby engages the services of the Second Parties for the period ___________, 2021 to
____________, 2021, subject to the following terms and conditions:

1. The Second Parties shall receive respectively a monthly salary equivalent to the basic
monthly salary of ADMINISTRATIVE ASSISTANT II (DATA ENCODER) position
in the amount of EIGHTEEN THOUSAND TWO HUNDRED FIFTY ONE PESOS
ONLY (P 18,251.00), plus twenty percent (20%) premium of THREE THOUSAND
SIX HUNDRED FIFTY PESOS AND TWENTY CENTAVOS (P 3,650.20), for a total
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 amount of TWENTY ONE THOUSAND NINE HUNDRED ONE PESOS AND
TWENTY CENTAVOS (P 21,901.20) inclusive of taxes. Cut-off date is on or before
the 5th day of the succeeding the month.

Processing of salary shall be made after the cut-off period and upon submission of
complete supporting documents, subject to the usual government accounting and
auditing rules and regulations.

2. The Second Parties shall be entitled to benefits including, but not limited to monthly
basic salary plus premium of up to 20% of basic salary, as well as other benefits as may
be authorized by law, subject to pertinent issuances, government budgeting and
accounting rules and regulations.

3. The Second Parties are expected to perform the following duties:

a) Assists in the encoding/updating of data/information and submits

reports/data/information to DOH- Centers for Health Development (CHD) and
other stakeholders;
b) Coordinates with different stakeholders for the submission of reports.
c) Coordinates various concerns such as transport, answer queries , gather issues/
complaints and etc;
d) Participates in the analysis of related data/information;
e) Enhances and sustain logistics management system
f) Works with the Facility Manager who shall oversee his/her activities in
the temporary treatment monitoring facility;
g) Submits Daily Time Records (DTRs), Accomplishment Reports and other
administrative related documents / reports required from the deployed human
resource signed / approved by the Facility Manager for purposes of
compensation, program monitoring and evaluation as may be required by
DOH;
and
h) Performs other related functions as may be assigned subject to approval of the
DOH.

4. The Second Parties shall be required to render forty (40) hours of duty per week at a
time and a schedule to be agreed upon by all parties, provided that adequate rest periods
are provided during tour of duty and in between daily schedules.

For this purpose, the mandatory quarantine period shall be considered days worked or
duty hours rendered.

5. In the exigency of service, the First Party may reassign the Second Parties from one
health facility to another within the same geographical area.

6. The Second Parties shall strictly observe the non-disclosure/confidentiality agreement

with the First Party and any other relevant policy of the First Party. In case of doubt
as to the confidentiality of certain information, such doubt shall be resolved in favor of
confidentiality unless otherwise expressly advised by the appropriate authority;

7. The First Party shall have the right to terminate this Contract of Service on any of the
following grounds;

a. Violation by the Second Parties of office rules and regulations;

b. Non-availability of funds;
c. Occurrence of any of the conditions for contract termination such as but not
limited to:
i. Threat to life,
ii. Limitation of health facility to provide necessary support in
certain situations such as PPEs,
d. Unsatisfactory performance of their duties and responsibilities

Notwithstanding, the parties’ obligations which, by their nature, should continue beyond
the termination of this COS shall survive such termination.

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 8. The Second Parties shall abide by the drug-free workplace policy of the First Party,
and agree that the use, sale or possession of illegal drugs is strictly prohibited and may
be a ground for termination of the COS, without prejudice to the filing of appropriate
criminal and civil case.

9. The Second Parties, during the term of this Agreement, shall not accept any
engagement or obligation that would potentially cause a conflict with their obligations,
covenants or agreements hereunder.

10. The Second Parties warrant that to the best of their knowledge that there is currently no
other COS or duty on their part that conflicts or potentially conflicts with their
engagement with the First Party; and if any, a copy of such COS or disclosure of such
duty with the approval of the First Party is attached to this Agreement.

The Second Parties likewise undertake to immediately inform the First Party in the
event that they are assigned to a task that creates or potentially creates a conflict of
interest on their part.

11. There exists no employer-employee relationship between the parties to this COS. Thus,
service(s) rendered by the Second Parties under this COS shall neither be considered
nor credited as government service.

12. Any issuances that are pertinent to the emergency hiring of HRH shall be deemed
incorporated in this COS without need of amendment, subject to existing relevant laws
and rules. In case of conflict between the provision in this Agreement and any of the
issuances, the latter shall prevail.

13. The Second Parties shall hold the First Party harmless from any liability, claim, or suit
arising from this engagement, except to the extent that the First Party has been shown to
cause or contribute to the liability or claim through its gross negligence or misconduct.

14. In case of doubt or dispute in the interpretation of this COS, the Parties shall, in good
faith, exert earnest efforts to resolve the same. The First Party shall make any
necessary consultation with the DOH Central Office in furtherance of the resolution of
the doubt or dispute.

IN WITNESS WHEREOF, both parties have hereunto set their hands this _____ day of
________ 2021 at ______________, Philippines.

ANNABELLE P. YUMANG, MD, MCH,CESO IV

Regional Director – Davao CHD
First Party

_______ _______
_____________________ _______
_____________________ _____________________
Data Encoder Data Encoder
Nurse I Data Encoder
Second Party Second Party
Second Party Second Party

_______ _____________________
_______ _____________________
Data Encoder Data Encoder
Second Party Second Party

Signed in the presence of:

ROSALINDA R. DELA CRUZ, CPA MARC SHANE ADEVA

Chief, Accountant Budget Officer

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PADMA D. TERNIO, RN, MN _____________________
OIC- Training Section DMO

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

____________________________) S.S.

BEFORE ME, a Notary Public for and in the above jurisdiction, personally appeared the
following:

NAME TIN NO./ANYGOVT. ISSUED ID

DR. ANNABELLE P. YUMANG 142-573-817

____________________________ __________________
____________________________ __________________
____________________________ __________________
____________________________ __________________
____________________________ __________________
____________________________ __________________
____________________________ __________________

Known to me to be 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 four (4) pages including this page wherein this
Acknowledgement is written, and is signed by the parties and their instrumental witnesses on
each and every page hereof.

WITNESS MY HAND AND SEAL, this_______ day of _________at Manila, Philippines.

_________________________________
NOTARY PUBLIC

Doc. No. ____________:

Page No. ____________;
Book No. ____________;
Series of _______