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DEPARTMENT OF TOURISM DOCUMENT

Document Title: NUMBER:


DOT-QP-ADMIN-
LEGAL AFFAIRS SERVICE LAS-X-001-00
Page
PROCEDURE 1 of 11
Rev. No. Ø
Type of Document
Quality Management System Procedure
Execution Revision Revision Page
Description of Change Process Owner
Date No. Type Affected
Ø New Newly established in N/A Director, Legal
accordance with the ISO Affairs Service
9001:2015 requirements.

Prepared By: Reviewed by: Verified by: Approved By:

Lara Victoria O. Estevez


Helen Grace J. Somera Director Undersecretary Bernadette Romulo-Puyat
Chief, LRDD Legal Affairs Service ISO Facilitator Secretary
This document is a sole property of REPUBLIC OF THE PHILIPPINES DEPARTMENT OF Only documents with standard stamps
TOURISM. Any disclosure, unauthorized reproduction or use is strictly prohibited except of DEPARTMENT OF TOURISM are
with permission from the DEPARTMENT OF TOURISM considered official.
Document No. : DOT -QP-ADMIN-LAS-X-001-00
LEGAL AFFAIRS Revision Level : Ø
SERVICE PROCEDURE Page : Page 2 of 11

1.0 OBJECTIVE
To guide the individuals involved in the process of legal review and notarization of
Department of Tourism (DOT) Contracts and Documents.
2.0 SCOPE
This procedure is applicable to the legal review and notarization of documents and
contracts submitted to Legal Affairs Service (LAS) by the central and regional offices of
the DOT.
3.0 DEFINITION OF TERMS
3.1 LEGAL AFFAIRS SERVICE - refers to the office responsible in handling
(LAS) the legal matters concerning the Department
of Tourism (DOT)

3.2 LAS TRACKING SYSTEM - refers to the electronic record of incoming


and outgoing documents for review in the
LAS

3.3 LAS INCOMING/OUTGOING - refers to the handwritten record of incoming


LOGBOOK and outgoing documents for review in the
LAS

3.4 LAS CONTRACT - refers to the electronic record of incoming


PREPARATION TRACKING and outgoing requests for contract drafting
SYSTEM
3.5 LAS TRANSMITTAL AND - refers to an internal form being attached to all
ROUTING SLIP documents for review to which instructions
and initial comments are being recorded

3.6 LAS NOTARIZATION - refers to the electronic record of notarized


TRACKING SYSTEM contracts

3.7 LAS NOTARIZATION - refers to the handwritten record of notarized


INCOMING/OUTGOING contracts
LOGBOOK

4.0 REFERENCE DOCUMENTS

4.1 Department of Tourism Department Order 2018-128 – Devolution of Signatories


4.2 R.A. 9184 - Government Procurement Reform Act
4.3 R.A. 9593 - Tourism Act of 2009
4.4 Administrative Code of 1987
4.5 2004 Rules on Notarial Practice

Registration Mark: Distribution Mark:


This document is updated and controlled if it bears the red
“CONTROLLED COPY” stamp. Otherwise, please refer to the
Document Control Center (DCC) for your updated copy.
Document No. : DOT -QP-ADMIN-LAS-X-001-00
LEGAL AFFAIRS Revision Level : Ø
SERVICE PROCEDURE Page : Page 3 of 11

5.0 RESPONSIBILITY AND AUTHORITY


5.1 The Director shall be responsible for the legal research, review, and approval of
position papers, memoranda, contracts, and documents submitted to LAS.
5.2 The Lawyer shall be responsible for the legal research, review, and preparation
of position papers, memoranda, contracts, and documents submitted to LAS.
5.3 The Legal Officer shall be responsible in the checking of the completeness of the
documents submitted to LAS for notarization, as well as encoding of contracts
and documents in the LAS Notarization Tracking System and notarial book.
5.4 The Legal Assistant shall be responsible for the legal research, initial review, and
drafting of position papers, memoranda, contracts, and documents.
5.5 The Administrative Assistant shall be responsible in screening, receiving, and
recording the incoming documents, filing of receiving copies of outgoing
documents, and updating of LAS Tracking System and LAS Incoming/Outgoing
Logbook.
5.6 The Administrative Aide shall be responsible in the releasing and recording of
reviewed contracts and documents
5.7 The Notary Public shall be responsible to perform official acts of notarization.

6.0 PROCEDURE DETAILS

6.1 CONTRACT PREPARATION

Process Flow In-charge Process Description Records

Start

Shall check if the following documents


are attached:
LAS Contract
Preparation
1. Terms of Reference / Control
Purchase Request / Number
Technical Specifications
2. Bids and Awards (BAC) LAS Contract
Receiving and Resolution (signed or unsigned)
Administrative Preparation
Recording of
Assistant Tracking
Request
Shall ask for the email address of the System
Project Officer;
LAS Routing
Shall assign an LAS Contract and
Preparation Control Number; Transmittal
Slip;

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This document is updated and controlled if it bears the red
“CONTROLLED COPY” stamp. Otherwise, please refer to the
Document Control Center (DCC) for your updated copy.
Document No. : DOT -QP-ADMIN-LAS-X-001-00
LEGAL AFFAIRS Revision Level : Ø
SERVICE PROCEDURE Page : Page 4 of 11

Shall record the request in the LAS


Contract Preparation Tracking System;

Shall attach an LAS Routing and


Transmittal Slip;

Shall endorse the request to the Legal


Assistant;
Shall prepare a draft contract and affix
LAS Contract Preparation Control
Number as footnote;
Legal
Contract Drafting Draft Contract
Assistant
Shall endorse the draft contract to the
LAS Director or LAS Division Chief for
review;
Shall review and approve the draft
contract;
Director Reviewed and
Review and
NOTE: approved
Approval
Division Chief If the Director or Division Chief has draft contract
corrections, the draft shall be returned
to the Legal Assistant
Email
Legal Shall email the soft copy of the draft
Assistant contract to the email address provided; LAS
Transmittal
Administrative Shall release the printed copy of the Slip
Releasing
Assistant draft contract to the Project Officer;
LAS Contract
Administrative Shall update the LAS Contract Preparation
Aide Preparation Tracking System; Tracking
System
End

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This document is updated and controlled if it bears the red
“CONTROLLED COPY” stamp. Otherwise, please refer to the
Document Control Center (DCC) for your updated copy.
Document No. : DOT -QP-ADMIN-LAS-X-001-00
LEGAL AFFAIRS Revision Level : Ø
SERVICE PROCEDURE Page : Page 5 of 11

6.2 REVIEW OF DOCUMENT FOR LEGAL COMMENTS

Start

Shall assign an LAS Tracking Number


and attach an LAS Routing and
Transmittal Slip;

NOTE:
Contract related to procurement of
LAS
goods or services shall include the
Transmittal
following supporting documents:
and Routing
1. BAC Resolution
Slip
2. Terms of Reference/ Purchase
Request/Technical
Receiving and Administrative LAS Tracking
Specifications
Recording Assistant System
If the attachments are incomplete, the
Contract shall not be received by the LAS
LAS. Incoming/
Outgoing
Shall record the document in the LAS Logbook
Tracking System and LAS
Incoming/Outgoing Logbook;

Shall endorse the document to the


Director for initial review;
Shall facilitate the initial review of the
document and note the instructions or
comments in the LAS Routing and
Transmittal Slip.
LAS Routing
NOTE:
and
Initial Review Director The Director may:
Transmittal
Slip
1. Facilitate the document review
by herself;
2. Assign the document review to
the LAS lawyers or legal
assistants;
Director, Shall conduct the document review, Position
Lawyer, research on pertinent laws, and prepare Paper or
Document Review
Legal the Position Paper or Memorandum; Memorandum
Assistant
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Document No. : DOT -QP-ADMIN-LAS-X-001-00
LEGAL AFFAIRS Revision Level : Ø
SERVICE PROCEDURE Page : Page 6 of 11

NOTE: LAS Routing


If the Director assigned the document and
review to the Lawyer or Legal Assistant, Transmittal
the Position Paper or Memorandum Sheet
shall be submitted to the Director for
review or further inputs.

The Director may also request for the


soft copy of the Position Paper or
Memorandum and revise the document

The LAS Routing and Transmittal Slip


shall be updated when the document is
being routed to another person.
Shall review the Position Paper or
Memorandum prepared by the Lawyer
or Legal Assistant; Signed
Position
NOTE: Paper or
Review and In case the Director has further Memorandum
Approval of comments or corrections, these shall
Director
Position Paper or be noted in the LAS Transmittal and
Memorandum Routing Slip and be returned to the LAS Routing
LAS staff who prepared the Position and
Paper or Memorandum for revision. Transmittal
Sheet
Shall sign the Position Paper or
Memorandum;
Shall update the LAS Incoming/
Outgoing Logbook, and LAS Tracking
LAS Tracking
System;
Administrative System
Assistant
Shall photocopy the Position Paper or
Releasing Memorandum for filing; LAS
Administrative Incoming/
Aide
Shall release the reviewed document Outgoing
with the Position Paper or Logbook
Memorandum to the requesting office;

End

6.3 REVIEW OF CONTRACT FOR INITIALS


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Document No. : DOT -QP-ADMIN-LAS-X-001-00
LEGAL AFFAIRS Revision Level : Ø
SERVICE PROCEDURE Page : Page 7 of 11

Process Flow In-charge Process Description Records

Start

Shall check if the following are


attached and in order:

1. Funding Certification signed by


the Budget Chief
2. Certificate of Availability of
Funds (CAF)
3. Approved BAC Resolution
4. Terms of Reference
5. Four (4) copies of the contract
are signed by the Chief
LAS Tracking
Accountant and counter party
System
Receiving and Administrative NOTE:
Recording Assistant If the attachments are incomplete, the LAS Incoming
Contract shall not be received by the / Outgoing
LAS. Logbook

Shall stamp receive the document and


assign an LAS Tracking Number;

Shall record the contract in the LAS


Tracking System and LAS
Incoming/Outgoing Logbook;

Shall endorse the contract to the


Director for review and initials;
Shall check if attached documents are
in conformity with procurement laws;

Shall check if each provision of the


contract is in order;
Contract with
Review and Initial Director NOTE: initials
Contract shall be returned to Project
Officer for compliance or revision if not
in order;

Shall affix his or her initials in the

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“CONTROLLED COPY” stamp. Otherwise, please refer to the
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Document No. : DOT -QP-ADMIN-LAS-X-001-00
LEGAL AFFAIRS Revision Level : Ø
SERVICE PROCEDURE Page : Page 8 of 11

contract;

Shall check if all copies of the contract


LAS
were initialed;
Incoming/
Administrative
Outgoing
Assistant Shall update the LAS Incoming/
Logbook
Releasing Outgoing Logbook, and LAS Tracking
System;
Administrative LAS Tracking
Aide System
Shall release the contract with initial to
the authorized signatory;

End

6.4 NOTARIZATION OF DOCUMENTS

Process Flow In-charge Process Description Records

Start

Shall check if:


1. submitted documents for
notarization are duly signed
2. a copy of identification card of
the signatory is attached
NOTE:
In contracts related to procurement of
goods and services, a set of copy of
the following documents shall be
provided in two (2) copies:
Administrative Pre-screened
Receiving
Assistant documents
1. Funding Certification signed by
the Budget Chief
2. Certificate of Availability of
Funds (CAF)
3. Approved BAC Resolution and
its attachments
4. Terms of Reference / Technical
Specifications
5. Other applicable procurement
related documents

Registration Mark: Distribution Mark:


This document is updated and controlled if it bears the red
“CONTROLLED COPY” stamp. Otherwise, please refer to the
Document Control Center (DCC) for your updated copy.
Document No. : DOT -QP-ADMIN-LAS-X-001-00
LEGAL AFFAIRS Revision Level : Ø
SERVICE PROCEDURE Page : Page 9 of 11

If documents are incomplete or not in


order, the Administrative Assistant
shall not receive the documents and
shall instruct the Project Officer for
compliance
Shall record the document in the
Notarization Incoming / Outgoing
Logbook and LAS Notarization Notarization
Tracking System; Incoming /
Outgoing
Logbook
Shall endorse the document to the
Administrative Legal Officer;
Recording
Assistant LAS
Notarization
Tracking
NOTE: System
For documents related to Application
for Accreditation, skip this step and
proceed to Notarization
Shall double-check all the supporting
documents;
LAS Contract
Legal Officer NOTE:
Assignment of Number
Contract Number If documents are incomplete and/or not
and Encoding Legal in order, shall return to the Project
LAS Encoded
Assistant Officer for compliance.
Contract

Shall assign an LAS Contract Number


and log in the LAS Encoded Contracts
Shall input the notarial details in the
document, sign for notarization, affix
Legal Officer
stamps and dry seal;
Notarization Notarial Book
Notary Public
Shall encode the document in the
notarial book;
Shall sort the notarized documents for
safe keeping and preparation of report
to Commission on Audit (COA)
Notarized
Sorting Legal Officer
Contract
1. Notary Public copy
2. LAS copy
3. COA copy

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This document is updated and controlled if it bears the red
“CONTROLLED COPY” stamp. Otherwise, please refer to the
Document Control Center (DCC) for your updated copy.
Document No. : DOT -QP-ADMIN-LAS-X-001-00
LEGAL AFFAIRS Revision Level : Ø
SERVICE PROCEDURE Page : Page 10 of 11

Shall encode the LAS Contract LAS


Number in the LAS Incoming/ Incoming/
Notarization Incoming / Outgoing Notarization
Administrative Logbook; Incoming /
Releasing of Aide Outgoing
Notarized Logbook
Shall release the notarized documents
Document Administrative to the Project Officer;
Assistant LAS
Notarization
Shall update the LAS Notarization Tracking
Tracking System; System
Preparation and Legal Shall prepare and submit a report
Submission of Assistant enumerating all contracts notarized COA Report
COA Report Division Chief within five (5) days
Shall scan the notarized contract and
maintain an electronic and physical
record for LAS for safekeeping;

Shall provide an electronic copy via


email or USB flash drive to the
Procurement Management Division
Legal
Safekeeping (PMD); Email
Assistant
NOTE:
For contracts related to procurement of
goods and services with an amount
below Fifty Thousand Pesos (PhP
50,000.00), no need to furnish PMD a
copy

Preparation
of Report of Legal Assistant Shall reproduce copies of the
Notarized and Division notarized contracts and prepare a COA report
Documents Chief report enumerating all contracts
to COA notarized within 5 days.

Submission Shall submit the report together with


of Report to the copies of the notarized contracts to
Administrative COA report
the Commission on Audit (COA) within
COA Aide
5 days from notarization.

Registration Mark: Distribution Mark:


This document is updated and controlled if it bears the red
“CONTROLLED COPY” stamp. Otherwise, please refer to the
Document Control Center (DCC) for your updated copy.
Document No. : DOT -QP-ADMIN-LAS-X-001-00
LEGAL AFFAIRS Revision Level : Ø
SERVICE PROCEDURE Page : Page 11 of 11

Shall
Shall maintain a record of the
contracts notarized by LAS for
Safekeeping safekeeping.
Legal Assistant Filed
Note: contracts
Shall furnish the Planning Service
copy of notarized contract for
safekeeping and monitoring.

End

7.0 REPORTS

Reports Frequency Responsible


Legal Assistant,
Accomplishment
Every semester Division Chief and
Reports
Director
COA Report of Legal Assistant and
Every 5 days
Notarized Contracts Division Chief

8.0 PERFORMANCE INDICATORS

8.1 All received documents are acted upon on time.


8.2 All notarized contracts are submitted to COA every five days.

9.0 ATTACHMENTS AND FORMS

9.1 LAS Transmittal and Routing Slip


9.2 LAS Tracking System
9.3 LAS Incoming/Outgoing Logbook
9.4 LAS Contract Preparation Tracking System
9.5 LAS Notarization Tracking System
9.6 LAS Notarization Incoming/Outgoing Logbook

Registration Mark: Distribution Mark:


This document is updated and controlled if it bears the red
“CONTROLLED COPY” stamp. Otherwise, please refer to the
Document Control Center (DCC) for your updated copy.

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