Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated JUL 19 2005.
The Court Resolved to NOTE and CONFIRM the Memorandum of Agreement executed on 12 July 2005 by and between the Supreme Court of the Philippines and De la Salle University relative to the 2005 Bar Examinations, to wit:
MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This MEMORANDUM OF AGREEMENT executed this 12th day of July 2005 by and between:
DE LA SALLE UNIVERSITY, a non-stock corporation duly organized and existing under the laws of the Philippines, having its principal office at 2401 Taft Avenue, Manila, hereinafter referred to as the UNIVERSITY;
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THE SUPREME COURT OF THE PHILIPPINES, having its principal office in Padre Faura Street, Ermita, Manila, hereinafter referred to as the COURT.
WITNESSETH:
WHEREAS, the UNIVERSITY has agreed to once again host the 2005 Bar Examination to be held on September 4, 11, 18, 25 basically under the same considerations, terms and conditions as contained in last year’s MEMORANDUM OF AGREEMENT executed by and between the UNIVERSITY and the COURT for the same exercise except for the increase in the cost for the use of facilities;
WHEREFORE, the UNIVERSITY and the COURT have mutually agreed on the following:
1. In view of the number of applicants taking the examinations, the UNIVERSITY shall now make available on September 4, 11, 18, 25, 2005 the following facilities on campus: (a) 95 classrooms; (b) the Boardroom and its anteroom; (c) conference Rooms A, B, C, and D; (d) Bro. Connon Conference Room; and (e) the Central Plaza.
2. The cost for the aforesaid facilities for four (4) Sundays in September 2005 is P2,062,000.00 subject to reasonable adjustments as the exigencies of the exercise may require, I.e. the COURT shall pay P4,500.00 per day for each classroom occupied in excess of those allotted for occupancy under par. 1 immediately preceding hereof, to be paid in full within fifteen (15) days from the last Sunday of the examinations.
3. The UNIVERSITY shall make available free of charge the SCHOOL CLINIC and its facilities during the four (4) Sundays of the bar examinations to attend to the emergency medical needs of the bar examinees and the bar examinations personnel.
3.1 The UNIVERSITY shall furnish the necessary personnel for the operation of the CLINIC
3.2 The COURT shall issue the proper clearances to the personnel of the CLINIC
4. The COURT shall make arrangements with the College Canteen to operate on the four (4) Sundays of the bar examinations to cater to the meal needs of the bar examinees and bar examinations personnel.
4.1 The COURT shall issue the proper clearances to the personnel of the College Canteen.
4.2 The UNIVERSITY shall not be responsible for the operation and activities of the College Canteen which shall be under the sole supervision and control of the COURT during the four (4) Sundays of the bar examinations.
5. The UNIVERSITY shall provide the following personnel on the (4) Sundays of the bar examinations: (a) security officers and personnel; (b) air-condition technicians; (c) electricians; (d) janitorial personnel; and (e) authorized representatives of the UNIVERSITY.
5.1 The clearances of the said personnel to enter the UNIVERSITY on the (4) Sundays shall be issued to them at least (3) days before the first Sunday of the bar examinations, provided that the De la Salle Brothers residing on campus shall not be required to secure such clearances.
5.2 The security officers and personnel of the UNIVERSITY shall be under the control and supervision of the Chief Security Officer of the Court in matters relating to the conduct and administration of the bar examinations, but the UNIVERSITY reserves the right to exercise full discretion over any matter, incident or concern relating to its properties and facilities.
6. The UNIVERSITY premises are off-limits to bar examinees, faculty of law schools and other non-members of the De la Salle University academic community prior to September 4, 2005 and in between the four (4) Sundays of the bar examinations.
6.1 Authorized personnel with clearance from the COURT shall be allowed to enter the UNIVERSITY starting in the morning of the Saturday before every examination day in order to prepare the examination paraphernalia.
7. The COURT shall coordinate with the local government of Manila and the PNP detachment concerned in order to effect, direct and maintain the following traffic rerouting and closure of streets.
7.1 The southbound lane of Taft Avenue from Quirino Avenue to Vito Cruz shall be closed to all vehicles.
7.2 The area on Taft Avenue from Quirino Avenue to the Gokongwei Buiding, and from the University mall to Vito Cruz, may be used as parking area on a first-come, first-served basis, with top priority reserved to the officials and personnel of the COURT.
8. The peripheral area around the UNIVERSITY, especially the sidewalk area on Taft Avenue from the Gokongwei Building to the South Gate, shall be strictly cordoned off, guarded and kept secured against loiterers, vandals, fraternity activities, bar operations and other bar exam-related activities from 5:00 A.M. to 7:00 P.M. during the four (4) Sundays of September 2005.
8.1 The area to be cordoned shall be no less than five (5) meters from the UNIVERSITY peripheral fence up to Taft Avenue
8.2 The Court shall provide day-long, effective and responsible security in the cordoned area.
8.3 All banners, streamers and other kinds of signs are strictly prohibited on all UNIVERSITY property, including its façade, its peripheral fences and its posts and gates.
8.4 The security personnel assigned to secure the cordoned area must strictly keep everyone, except bar examinees and bar examination personnel, from entering said area from 5:00 A.M. to 7:00 P.M. during the four (4) Sundays of September 2005.
8.4.1 The cordoned area shall be utilized for the queuing of bar examinees in entering the UNIVERSITY premises in the morning and during lunch break.
8.4.2 The security personnel assigned to secure the cordoned area shall facilitate and supervise the queuing of the bar examinees when entering the UNIVERSITY.
8.4.3 The Engineering Gate shall be the sole entry point of all bar examinees assigned to take the examination at St. Joseph Hall, Velasco Hall, Miguel Hall, Gokongwei Hall and Mutien Marie. The North Gate shall be the sole entry point of all bar examinees assigned to take the examination at the St. La Salle Hall, while the South Gate shall be the sole entry point of the bar examination personnel.
In entering the UNIVERSITY, bar examinees shall be guided by the Supreme Court security personnel to make two (2) queues at opposite sides perpendicular to the entry point along Taft Avenue within the cordoned area.
8.4.4 In case heavy congestion attends the queuing of bar examinees to and from the UNIVERSITY on any examination day, the UNIVERSITY, in coordination with the COURT, shall readily and immediately make available other area/s as alternative or additional passageways/s to maintain smooth and orderly entry and exit of the examinees.
8.4.5 The COURT shall provide adequate and effective signs at the different strategic locations in the UNIVERSITY to guide the bar examinees during the four (4) Sundays of the bar examinations.
8.5 All fraternity activities and other forms of bar operations shall be banned within the UNIVERSITY and the cordoned area.
8.5.1 The security personnel shall confiscate any audio, speaker, megaphone or other radio or stereo equipment or any other electronic device that may be found within the cordoned area, whether or not claimed by its owner or possessor.
8.5.2 The security personnel shall likewise confiscate any deadly weapon that may be brought into the cordoned area.
8.6 The COURT shall be responsible for injury/damage that may be suffered by the UNIVERSITY by reason or on the occasion of, or in relation to the failure of the security personnel of the COURT to enforce any of these guidelines. This includes, but is not limited to, liability for damage to any property of the UNIVERSITY, liability for any injury suffered by any UNIVERSITY personnel, and liability for besmirched reputation of the UNIVERSITY in case of fraternity-related violence or any other incident characterized by physical violence or confrontation or any form of scandal.
9. The COURT shall issue to every bar examinee a color-coded identification card which he/she shall be required to wear on his/her person at all times.
10. Eating in the classroom and anywhere inside any building of the UNIVERSITY is strictly prohibited, except as provided hereunder.
10.1 Only light snacks, which the examinees may take in course of the examination, shall be allowed inside the examination rooms.
10.2 Eating shall be allowed only in the following designated areas: College Canteen, gazebo area, pebble wash area, and Central Plaza
11. The UNIVERSITY is a no-smoking campus. Smoking is therefore strictly prohibited in all areas within the UNIVERSITY.
12. The COURT shall be solely responsible for informing the bar examinees of the herein rules and regulations and that violation of any of these rules shall be dealt with accordingly.
12.1 The COURT shall incorporate in the Notice of Admission issued to every bar examinee all the rules and regulations herein.
12.2 Every bar examinee is conclusively presumed to know all the rules and regulations herein.
12.3 No bar examinee shall hold the UNIVERSITY responsible for any adverse consequences suffered by him/her by reason of his/her failure to abide by any of the rules and regulations herein.
13. The COURT shall be solely responsible for issuing and enforcing the rules and regulations herein.
14. The COURT shall be solely liable for all damages to any UNIVERSITY property which may arise from vandalism or other improper and/or irresponsible use thereof by the examinees and/or COURT personnel.
15. Within fifteen (15) days from the last Sunday of the bar examinations, the UNIVERSITY shall serve upon the COURT a written demand for payment of damages suffered by any UNIVERSITY personnel/property during the four (4) Sundays of the bar examinations.
15.1 The COURT shall have the right to answer the demand within fifteen (15) days from receipt thereof; otherwise, the demand shall be considered as final and acceptable to the COURT and its obligation to pay shall be considered due and demandable and any delay in payment shall be penalized with interest at the legal rate.
15.2 In case the COURT after availing of its right under par. 15.1 refuses to pay the damages demanded or a part thereof, the parties shall exhaust all possible remedies, including amicable settlement, compromise and arbitration.
15.3 Recourse against any bar examinee and/or person responsible for damages to UNIVERSITY property shall be the responsibility and/or option of the COURT, unless the UNIVERSITY or its representatives apprehend or catch him/her in the act of vandalizing or in a way abusing or improperly using UNIVERSITY property, in which case the UNIVERSITY shall have the right to proceed against him/her, without prejudice to the UNIVERSITY’s right of recourse against the COURT. In no case however shall the UNIVERSITY recover from the COURT and the vandal at the same time for the same act of vandalism or improper use of UNIVERSITY property.
16. The COURT shall be solely liable and responsible for any injury/damages that may be suffered by any bar examinee or bar examinations personnel within the UNIVERSITY, except in case of injury/damages suffered by reason of breakdown in equipment or defective condition of any facility.
17. The term of this renewed Agreement covers only the four (4) Sundays in September 2005.
17.1 There shall be no automatic renewal of the lease contract.
17.2 Failure to abide by any of the conditions, rules, regulations and policies herein shall be taken into considerations in case the COURT seeks to enter into another contract with the UNIVERSITY for the succeeding bar examinations.
IN WITNESS WHEREOF, the Parties hereto have signed this MEMORANDUM OF AGREEMENT on the day and year first above written.
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