SC CIRCULAR NO. 86-2000, November 23, 2000

For the information and guidance of all concerned, quoted hereunder
in toto are the provisions of the Memorandum of Agreement dated 9 June
2000 between the Supreme Court and the Department of Justice concerning
the transfer of ownership of the court houses or Hall of Justice
buildings constructed under the Justice System Infrastructure Program
(JUSIP) as well as the parcels of land on which they had been built and
the improvements thereon, from the Department of Justice to die Supreme
Court, to wit:

“MEMORANDUM OF AGREEMENT

The SUPREME COURT OF THE PHILIPPINES, with address at Padre Faura
Street, Ermita, Manila, hereafter referred to as the COURT, represented
herein by Chief Justice HILARIO G. DAVIDE, JR., pursuant to the
Resolution of the Court en banc of 28 March 2000 in A.M. No. 00-3-03-SC;

-and-

The DEPARTMENT OF JUSTICE, a government agency of the Republic of
the Philippines, with address at Padre Faura Street, Ermita, Manila,
hereafter referred to as the DEPARTMENT, and represented by Acting
Secretary ARTEMIO G. TUQUERO,

WITNESSETH:

WHEREAS, Administrative Order No. 99 dated 1 December 1988 of the
Office of the President tasks the DEPARTMENT, the Department of
Interior and Local Government and the Department of Public Works and
Highways in consultation with the COURT, to undertake the Justice
System Infrastructure Program (JUSIP) under which court houses or
buildings or halls of justice shall be rehabilitated/ constructed for
the use or occupancy of the COURT, the National Prosecution Service
(NAPROS), the Parole and Probation Administration (PPA), the Public
Attorney’s Office (PAO) and Registries of Deed pursuant to
Administrative Order No. 11, dated 18 September 1992, of the Office [of
the President];

WHEREAS, as of this date, one hundred and ninety-eight (198)
buildings, hereafter referred t6 as BUILDINGS, and listed in Annex “A”
hereof which is made integral part of the Memorandum of Agreement, have
been rehabilitated or constructed under the JUSIP;

WHEREAS, under the JUSIP the ownership of the BUILDINGS and the
parcels of land on which they are built is vested in the DEPARTMENT,
while the maintenance of said BUILDINGS is assigned by law to the COURT;

WHEREAS, past experiences have demonstrated the need to merge the
ownership and possession of the aforementioned BUILDINGS and the land
they have been constructed on in one body to promote and ensure the
orderly, effective and efficient use, operation and maintenance of the
BUILDINGS;

NOW, THEREFORE, the PARTIES hereby agree as follows:

ARTICLE I

OBLIGATIONS OF THE DEPARTMENT

SECTION 1. (A) The ownership of all BUILDINGS that have been
completely constructed under the JUSIP, including the land on which the
BUILDINGS have been constructed and the improvements thereon, as well as
all furniture and office equipment provided or issued by the DEPARTMENT
to the courts and court personnel in said BUILDINGS, shall
automatically be transferred to the COURT upon the signing of this
Memorandum of Agreement.

For purposes of this Memorandum of Agreement, the word land
shall refer to the entirety of the lot or parcel of land originally
donated to the DEPARTMENT for the court house/building or hall of
justice.

(B) Except as hereinafter provided, the DEPARTMENT shall have the
duty to construct the court houses/buildings or halls of justice under
the JUSIP: Provided, That the ownership of all BUILDINGS under
construction or which shall hereafter be constructed under the JUSIP,
and the land on which the BUILDINGS are to be constructed and the
improvements thereon, as well as all the furniture and office equipment
hereafter to be provided or issued by the DEPARTMENT to the courts and
court personnel in said BUILDINGS, shall be deemed transferred to the
COURT upon the final acceptance from the contractor of the
BUILDINGS by the DEPARTMENT.

(C) In the cases covered by the preceding subsections (A) and
(B), the ownership of the furniture and office equipment specifically
provided or issued to the personnel of the agencies under the DEPARTMENT
shall remain with the DEPARTMENT.

SECTION 2. The DEPARTMENT shall turn over to the COURT the
insurance policies covering and pertinent to the BUILDINGS and the
contracts/agreements, and other pertinent documents, entered into by the
DEPARTMENT with other parties for he construction thereof, and for the
supply thereto of water, electricity and other utilities and such other
documents relevant to the transfer of ownership of the BUILDINGS.

SECTION 3. The DEPARTMENT reserves the right to make, for its own
account, such renbvations and changes in and about the offices assigned
to the NAPROS, PAO, PPA and the Registries of Deeds; Provided,
That said renovations and changes shall not impair the efficient and
normal use of the BUILDINGS or reduce the size of the common areas and
those assigned to the courts, or affect the aesthetic qualities or the
general appearance of the other offices, in particular, and the
BUILDINGS, in general and; Provided, further, That such renovations and changes shall be undertaken with the prior knowledge and written approval of the COURT.

SECTION 4. The DEPARTMENT shall, for its account, maintain in
good order, and undertake all repairs of, the offices in the BUILDING
occupied by the NAPROS, PAO, PPA, and Registries of Deeds.

SECTION 5. All rights of the DEPARTMENT acquired under contracts
for the construction of existing BUILDINGS are deemed automatically
transferred/conveyed to the COURT upon the execution of this Memorandum
of Agreement, and upon the acceptance from contractors by the DEPARTMENT
of BUILDINGS undergoing construction or to be hereafter constructed for
the DEPARTMENT.

ARTICLE II

OBLIGATIONS OF THE COURT

SECTION 1. On all existing BUILDINGS and all new BUILDINGS whose
ownership are under the Memorandum of Agreement transferred to it, the
COURT shall:

1. Maintain and pay all charges for the water, electricity and other
   utilities consumed/used in the BUILDINGS after the turn over to the
   COURT;
2. Provide janitorial, security and other services that may be
   required in the BUILDINGS. Janitorial services shall cover only public
   and such other common areas and grounds. These shall include
   courtrooms, corridors, stairways, elevators, public toilets, etc., but
   shall not include offices and private, toilets;
3. Continue to maintain insurance for the protection of the BUILDINGS;
4. Repair all damages to the BUILDINGS except those caused by the
   fault or negligence of the offices and agencies of the DEPARMENT, and,
   in general, maintain the BUILDINGS, including the grounds thereof, in
   good and substantial repair and condition; and
5. Allow the continued and exclusive occupancy by NAPROS, PAO,
   PPA and Registries of Deeds of office spaces assigned to them in the
   BUILDINGS without any reduction of space; Provided, That if any
   of such offices no longer need the office space assigned for their use,
   the office space concerned, including the permanent or fixed
   improvements found therein, shall be forthwith turned over to the COURT.

ARTICLE III

DONATIONS OF LANDS/BUILDINGS TO THE COURT

SECTION 1. Nothing in this Memorandum of Agreement shall prohibit
the COURT from directly accepting donations of parcels of land as sites
for court houses/buildings or halls of justice, or of buildings to be
used as court house or halls of justice from local government units or
private parties.

SECTION 2. The DEPARTMENT shall exert its utmost for the
inclusion in the budget for the JUSIP such appropriations as may be
necessary for the construction of the court houses/buildings or halls of
justice on the land stated in Section 1 of this Article and to
undertake the construction of such court houses/buildings or halls of
justices. Thereafter, Subsection B of Section 1 of Article 1 shall be
applicable pro tanto.

SECTION 3. Nothing in this Memorandum of Agreement shall likewise
prohibit the COURT from appropriating from the portion of its Judiciary
Fund intended for equipment and facilities or from savings in
appropriations whenever allowed by law, such sum as may be necessary for
the construction of the court houses/buildings or halls of justice of
the lots donated to it, and to provide the same with equipment,
furniture and other facilities which are needed for the courts and
personnel.

ARTICLE IV

CONSTRUCTION OF HALLS OF JUSTICE BY LOCAL GOVERNMENT UNITS

SECTION
1. Any local government unit may by itself and at its own expense
construct court houses/buildings or halls of justice with prior
knowledge and written approval of the COURT. The COURT may provide
financial assistance to the local government unit for the
purchase/acquisition of office equipment, facilities or furniture as may
be necessary for the use of courts and court personnel therein, or may
directly acquire them for such purpose. A Memorandum of Agreement on the
matter shall be executed by. the local government and the COURT
represented by the Chief Justice.

SECTION 2. The local government unit and the COURT may seek or
solicit financial support from the DEPARTMENT for the construction of
the court house/building or hall of justice under this Article. A
Memorandum of Agreement shall be executed to govern any arrangement on
this matter between or among the parties.

ARTICLE V

RULES AND REGULATIONS

The Rules and Regulations which shall subsequently be prescribed
by the COURT through its Committee on Halls of Justice or any of its
officials shall be binding upon the parties herein.

ARTICLE VI

EFFECTIVITY

This Agreement shall take effect upon its signing by the parties herein.

IN WITNESS WHEREOF, the parties have hereunto affixed their
signatures this 9th day of June in the year of our Lord two thousand.

DEPARTMENT OF JUSTICE	SUPREME COURT OF THE PHILIPPINES
By:	By:
(Signed)	(Signed)
ARTEMIO G. TUQUERO	HILARIO G. DAVIDE, JR.
Secretary	Chief Justice.”

This Memorandum of Agreement took effect upon its signing on 9 June 2000.