CEBU, Philippines — The closure and rehabilitation of the Inayawan Sanitary Landfill in Cebu City will proceed as planned after the court junked a petition for a temporary restraining order and/or writ of preliminary prohibition filed by another contractor.
Expedition Construction Corporation asked the court to stop the Cebu City government from allowing Full Advantage Phil. International Inc. to complete the contract for the closure and rehabilitation of the landfill.
“Even assuming that this court finds the application to be meritorious and grants the same, such order may not be enforced in the province of Cebu where the act sought to be enjoined is allegedly being committed,” reads a portion of the order of RTC-Branch 104 in Quezon City Judge Catherine Manodon.
The management of Expedition Construction Corporation alleged that the previous administration, led by former mayor Michael Rama, accepted the unsolicited proposal of the company for the rehabilitation of the landfill in 2014.
In 2016, the former members of the city’s Joint Venture Selection Committee, created to look into the proposal of Expedition Construction Corporation, reportedly failed to hold a competitive challenge.
On the other hand, the city government, under the new administration, awarded the contract to Full Advantage Phils. International Inc. (FAPII) to commence the consultancy project known as the “Closure and Rehabilitation Plan for Inayawan Sanitary Landfill” with a contract amounting to P2,474,550.
In its answer, City of Cebu, represented by Atty. Joseph Bernaldez and Bernard Inocentes Garcia, denied the submission of unsolicited proposal in 2014 for lack of knowledge sufficient to form a belief as to the truth.
With the denial of the application for TRO and writ of preliminary injunction, Garcia said the Expedition Construction Corp can no longer stop the closure and rehabilitation of Inayawan Sanitary Landfill and any bidding for the development of the South Road Properties Pond A.
He added that the city government will ask the court to dismiss the case.
“The alleged submission happened during the previous administration off former mayor, Michael Rama, which current administration of Hon. Tomas Osmeña has no knowledge or participation. The officials allegedly involved in the project are no longer connected with the Cebu City Government,” reads a portion of the city’s answer. The current administration stood ground that the negotiation with the previous administration is not legally binding as there is no showing that the project in the unsolicited proposal involves a new concept or technology and that the bidder has implemented at a scale similar to the proposed project with the new technology.
Also, the city said the previous administration reportedly failed to inform the National Economic Development Authority’s committee to determine the reasonable rate of return of the project.
“The plaintiff (Expedition Construction Corporation) has been negligent in enforcing its alleged rights as an original proponent. Rule 10, Section 10.11, of the Revised IRR provides that within seven calendar days upon issuance of the certification of a successful negotiation, the LGU PBAC shall publish the invitation for comparative proposals,” the city’s answer stated. — MBG (FREEMAN)