Dear Phannita and Iris,
Please find my opinion on the Agreement as follows:
1. Regarding health insurance and clinical outpatient, I think it would be better if we remove these clause out of the Agreement. From legal perspective, these details will likely make the Agreement to be considered as an employment agreement.
2. The miscellaneous allowance clause should be remove out of the Agreement by the same reason as above.
3. Regarding project completion bonus, I understand that it is actually a form of monetary benefit equivalent to the monthly basic compensation and to be given to an employee in accordance with Labour Code of the Philippines. Therefore, we should not add any content which is a part of an employment agreement into the Agreement.
Although, we attempt to avoid the situation that a service agreement will become an employment agreement by try to use other words, but in fact, the most content in this clause are likely interpreted to be an employment.
Lastly, I understand that you would like to engage Ms. Inocencio as a consultant by offer her the same old benefits package as received on previous employment agreement. Nevertheless, you have to select between an employment agreement and a service agreement. If you still would like to re-engage her under a new service agreement, I suggest that you should remove these benefits from the Agreement.