Вы находитесь на странице: 1из 3

PART C.

PROFESSIONAL CONTRACT OF SERVICE


KNOW ALL MEN BY THESE PRESENTS:
This Contract is made and entered into by and between:
FIRST PARTY: JANE N. POLES, of legal age and with address at 244-D, Abi-Abi
Drive, Sun Valley Subdivision, V. Rama, Cebu City;
SECOND PARTY:
Business Park, Cebu City.

and -

MOELLER & ASSOCIATES, 4/F Cebu Holdings Center, Cebu


-WITNESSETH-

1.

That the FIRST PARTY hires the legal services of the SECOND PARTY as counsel in the
criminal case of Plunder filed against the FIRST PARTY before the Sandiganbayan
docketed as SB Case No. xxxxxxx, subject to an acceptance fee of ONE HUNDRED
THOUSAND PESOS (Php100,000.00) and under the following terms and conditions, to
wit:
1.1.

Monthly retainer fees of THIRTY-FIVE THOUSAND PESOS (Php35,000.00)


shall be paid by the FIRST PARTY TO THE SECOND PARTY from the
commencement of the criminal proceedings before the Sandiganbayan until
termination thereof by promulgation of final judgment;

1.2.

Appearance and representation on behalf of the FIRST PARTY in hearings before


the Sandiganbayan. An amount of TEN THOUSAND PESOS (Php10,000.00)
shall be paid by the FIRST PARTY to the SECOND PARTY per appearance
before said Court;

1.3.

Drafting and review of pleadings, motions and memoranda to be filed in the


course of the Plunder case against the FIRST PARTY. This agreement also covers
appellate matters, memorandum, pleadings and representations, if this case
escalates or reaches the Supreme Court. The FIRST PARTY shall pay an amount
of TEN THOUSAND PESOS (Php10,000.00) for each pleading, motion or
memorandum drafted and filed by the SECOND PARTY;

1.4.

The SECOND PARTY shall make itself available for consultation and give
opinions on matters pertaining to the defense of the FIRST PARTY in the Plunder
case. This includes update of progress of the trial of the case from time to time, or
upon demand of the FIRST PARTY. The FIRST PARTY agrees to pay the
SECOND PARTY TWO-THOUSAND PESOS (PHP2,000.00) for every hour of
consultation.

1.5.

The SECOND PARTY shall perform other legal service as may be mutually
agreed upon by both parties subject to the appropriate fees.
Page 1 of 3

PROFESSIONAL CONTRACT OF SERVICE


JANE N. POLES AND MOELLER & ASSOCIATES
x--------------------------------------------------------------------------------------------------------------------------x

2.

Monthly retainer fees shall be paid every 30th day of each month within the specified period
herein. Appearance fee shall be paid after the end of each hearing. Consultation fee shall be
paid after the end of every consultation/meeting. Fees per pleading, motion or memoranda
shall be paid after filing thereof in the appropriate court. The PARTIES shall set up a bank
account with a reputable bank upon which all fees pertaining to the case shall be deposited
or transferred by the FIRST PARTY on account of the SECOND PARTY. Upon execution of
this Contract of Professional Service, the FIRST PARTY shall pay the corresponding
acceptance fee and transfer the same to the bank account to be opened by the PARTIES.

3.

EXCLUSIONS FROM THE CONTRACT OF SERVICE. Cases, including but not


limited to administrative and civil cases and any other defensive suits and criminal cases
that may be filed against the FIRST PARTY before First Level Courts, Regional Trial Courts
and quasi-judicial bodies shall be excluded from the coverage of this Contract. Similar cases
pending in any other Court or quasi-judicial body against the FIRST PARTY, whether on the
first instance or on appeal are likewise not covered by this Professional Contract of Service.

4.

The FIRST PARTY authorizes the SECOND PARTY to assign the case only to members
with legal expertise on the subject matter thereof.

5.

The FIRST PARTY shall turn over to the SECOND PARTY any and all documents, records
and papers and disclose all information relevant to the defense of FIRST PARTY in the
subject case.

6.

PARTIES shall disclose other entities and personalities upon execution of this agreement
which may be potential conflict of interest.

7.

Maintain complete and absolute confidentiality and protection of proprietary and intellectual
property rights at all times and proceeding the expiry of this agreement for a period of not
less than one (1) year.

8.

The SECOND PARTY shall not, at any time during the terms of the agreement and
thereafter, use or disclose to any person, firm or corporation any confidential information
concerning the affairs of FIRST PARTY for which it may have acquired in the course of or
as an incident to this agreement for its own benefit or to the detriment of the interest of
FIRST PARTY;

9.

During the effectivity of this agreement and within TWO (2) years from its expiration or
termination, the SECOND PARTY shall not handle any case against the FIRST PARTY;

10.

Upon the expiration or termination of this agreement, the SECOND PARTY shall, without
the need of any demand, turn over to FIRST PARTY, all documents and records of legal
matters referred to the SECOND PARTY;

11.

It is understood and agreed that nothing in this agreement shall be construed as establishing
an employer-employee relationship between FIRST PARTY and the SECOND PARTY.

12.

To surrender to the FIRST PARTY all documents, letters, orders, letter correspondence and
among others in relation to this case, once the case has been terminated.

13.

That this Contract is hereby voluntarily executed by the herein PARTIES without any
intimidation, force, violence, threat committed upon their persons.

Page 2 of 3

PROFESSIONAL CONTRACT OF SERVICE


JANE N. POLES AND MOELLER & ASSOCIATES
x--------------------------------------------------------------------------------------------------------------------------x

IN WITNESS WHEREOF, both parties have hereunto set their hands this 5 th day of
October, 2015 at the City of Cebu, Philippines.

JANE N. POLES
First Party
ATTY. YASMINE MOLLER
Representative of Second Party

Signed in the presence of:


1.

Janneil Monica C. Morales

2.

Anne Margaret Momongan

Page 3 of 3