1) In 1994, President Ramos created an Executive Committee to oversee waste-to-energy projects in San Mateo, Rizal and Carmona, Cavite under a Build-Operate-Transfer (BOT) scheme.
2) Jancom International was declared the sole complying bidder for the San Mateo site and entered a contract with the Greater Metropolitan Manila Solid Waste Management Committee and the Metropolitan Manila Development Authority.
3) However, the contract was never implemented because residents protested the San Mateo landfill and it was ordered closed. The Supreme Court ruled the contract was valid but could not be implemented without presidential approval.
Original Description:
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Original Title
Greater Metropolitan Manila Solid Waste Management Committee and the Metropolitan Manila Development Authority Vs
1) In 1994, President Ramos created an Executive Committee to oversee waste-to-energy projects in San Mateo, Rizal and Carmona, Cavite under a Build-Operate-Transfer (BOT) scheme.
2) Jancom International was declared the sole complying bidder for the San Mateo site and entered a contract with the Greater Metropolitan Manila Solid Waste Management Committee and the Metropolitan Manila Development Authority.
3) However, the contract was never implemented because residents protested the San Mateo landfill and it was ordered closed. The Supreme Court ruled the contract was valid but could not be implemented without presidential approval.
1) In 1994, President Ramos created an Executive Committee to oversee waste-to-energy projects in San Mateo, Rizal and Carmona, Cavite under a Build-Operate-Transfer (BOT) scheme.
2) Jancom International was declared the sole complying bidder for the San Mateo site and entered a contract with the Greater Metropolitan Manila Solid Waste Management Committee and the Metropolitan Manila Development Authority.
3) However, the contract was never implemented because residents protested the San Mateo landfill and it was ordered closed. The Supreme Court ruled the contract was valid but could not be implemented without presidential approval.
AUTHORITY vs. JANCOM ENVIRONMENTAL CORPORATION and JANCOM INTERNATIONAL DEVELOPMENT PROJECTS PTY. LIMITED OF AUSTRALIA G.R. No. 163663 June 30, 2006 FACTS: President Fidel Ramos executed Memorandum Order No. 202 in 1994, which created an Executive Committee to oversee and develop waste-to- energy projects for the waste disposal sites in San Mateo, Rizal and Carmona, Cavite under the Build-Operate-Transfer (BOT) scheme. Respondent Jancom International Development Projects Pty. Limited of Australia was one of the bidders for the San Mateo Waste Disposal Site. JANCOM was declared by the executive Committee as the sole complying bidder for the San Mateo Waste Disposal Site. As such a contract fro the BOT implementation of the Solid Waste Management Project for the Rizal site was entered between Greater Metropolitan Manila Solid Waste Management Committee (GMMSWMC) and the Metropolitan Manila Development Authority (MMDA) and JANCOM. The contract was submitted to the President Ramos for approval who subsequently endorsed the same to incoming President Joseph Estrada. Due to the clamor of the residents of Rizal, the administration ordered for the closure of the San Mateo landfill. Because of this, GMMSWMC adopted a resolution not to pursue the contract with JANCOM. The basis for which is the passage of Republic Act 8749, of the Clean Air Act of 1999, the non-availability of the San Mateo site because it can only accommodate 3000 tons of trash everyday while the expected outcome to wastes to be accumulated daily was 6000 tons, and the costly tipping fees. Thus, JANCOM filed with the RTC a petition to declare GMMSWMC resolution and the acts of the MMDA calling for the bids and authorizing the forging of a new contract for the Metro Manila waste management as illegal and unconstitutional, and to enjoin said agencies in making another award. The RTC ruled in favor of JANCOM, this was affirmed by the CA. The Supreme Court declared the contract as valid and has been perfected, although the same cannot be implemented without the approval by the President. Consequently, JANCOM and MMDA made negotiations to alter certain provisions of the contract which were embodied in a draft amended agreement, it did not contain the signature of the parties. JANCOM then filed with the RTC an Omnibus Motion for a writ of execution, this was challenged by GMMSWMC nd MMDA. Still the CA affirmed the RTC. ISSUE: Whether or not the contract is ineffective and cannot be implemented unless the same has been approved by the President. HELD: Yes. The contract remains to be ineffective until approved by the President. RULING: Only an absolute of a definite offer manifests the consent necessary to perfect a contract. The draft entered into by the MMDA and JANCOM only shows that they have not pursued beyond the preparation stage. This is the period from the start of the negotiations until the moment just before the agreement of the parties. Unaccepted offers and proposals remain as such and cannot be considered as binding commitments. As to the necessity, expediency, and wisdom of the contract, these are outside the realm of judicial adjudication. These are matters exclusively for the President to decide on. As such, the prior approval of the President needs to be secured first.
GREATER METROPOLITAN MANILA SOLID WASTE MANAGEMENT COMMITTEE and the METRO MANILA DEVELOPMENT AUTHORITY v. JANCOM ENVIRONMENTAL CORPORATION and JANCOM INTERNATIONAL DEVELOPMENT PROJECTS PTY. LIMITED OF AUSTRALIA