In a 16-page motion filed yesterday, Jancom through its legal counsel Manuel Molina asked the RTC Branch 68 judge to prohibit Fernando from entering into a new garbage contract and instead honor the existing contract of the firm.
In the motion, Jancom said the move against Fernando was made in response to his pronouncements about pursuing a new solid waste management project using the railroad tracks and trains of the Philippine National Railways. It also cited Fernando’s decision to scrap the build-operate-transfer contract of Jancom in spite of the ruling by the Supreme Court that the contract is already valid and perfected.
"All the serious and earnest efforts made by his predecessors and the petitioners (Jancom) to reach a workable agreement were unjustifiably, illegally and without any notice to the petitioners abruptly disregarded," according to Jancom. The firm also asked the RTC to immediately forward and recommend the approval of the amended agreement between the MMDA and Jancom to President Arroyo, "having been extensively discussed and agreed upon in principle by petitioners and the former chairman of the MMDA."
According to Jancom, its representatives have already forged an amended agreement with former MMDA Chairman Benjamin Abalos Sr. for the development of a sanitary landfill and materials recovery facilities (MRF).
Jancom claimed that its tipping fee for the use of the sanitary landfill under the amended contract was pegged only at $20.40 per ton while the fee for MRFs was $10 per ton inclusive of the transport of residual waste to the sanitary landfill.
The firm argued that what they were offering was significantly lower than the $23.50 per ton the government is paying right now for the use of the existing MRFs in Manggahan, Pasig and Las Piñas. It also stressed that the plan of Fernando to use the PNR system to transport the garbage to a site in Southern Luzon would actually be more costly for the national government in comparison to what Jancom is offering.
Fernando has refused to entertain the efforts of Jancom to meet with him to discuss the details of their amended contract.
Molina pointed out that the firm sent three letters to Fernando to set up a meeting but was disregarded without any form of reply or notice. – Marvin Sy