P32M tipping fee civil case pre-trial set

The civil case filed by Asian Energy System Corp., which runs a privately owned landfill in Consolacion town, against Cebu City Mayor Tomas Osmeña for unjust refusal to pay P32 million garbage tipping fee is set for a pre-trial on May 3, 2018 in Regional Trial Court Branch 195 in Parañaque City.

During the pre-trial, both complainant and respondent shall submit a statement of their willingness to enter into an amicable settlement indicating the desired terms, summary of admitted facts, documents of issues to be resolved, number and names of witnesses, among others.

Before the pre-trial, both parties are required to attend the preliminary conference before the Clerk of Court.

City Attorney Bernard Innocentes Garcia will be going to Manila as representative of the city government.

After the pre-trial stage, the proper trial will begin wherein the court will hear the side of the city government and Asian Energy System Corp.

“Failure to file pre-trial brief shall have the same effect as failure to appear at the pre-trial,” stated a portion of notice of pre-trial conference dated March 19, 2018 and signed by Atty. Criselda Ilagan-Yson, Branch Clerk of Court.

To recall, on November 2, 2017, the complainant, through its president Cipriano Abdon, lodged Breach of Contract, sum of money damages complaint against Osmeña.

Under the complaint, Abdon said their transaction with the city government was legal as it was done through a negotiated bidding due to the circumstances that no participating bidders showed intent to render service to the city during the two public bidding scheduled on March 29, 2016 and April 14, 2016.

Complainant’s argument was supported by a copy of Bids and Awards Committee resolution approved by former mayor Michael Rama detailing that the procurement pursuant to Section 53 (a) of Rule XVI of the Implementing Rules and Regulations of the Republic Act 9184 known as Government Procurement Reform Act.

It further states that before they received the notice of award for Procurement 1 Lot Garbage (Solid Waste) disposal services amounting to P32 million on April 27, 2016, a canvassing was done by BAC upon the facilities of Asian Energy Corp.

Then, the Abstract of Canvass and Awards was duly approved by Rama.

With this, Abdon demands Osmeña to pay the unpaid P32 million landfill tipping fee because Asian Energy Corp. has a contract with the city government and has delivered its services.

The P32 million represents the use of their private landfill from March to August 2016. The city pays P700 per ton of garbage to Consolacion for the tipping fee.

In June 2016, Asian Energy Corp asked the city government to pay the P 32 million but Osmeña said he can’t pay the amount since there is no contract for the transactions.

On February 6, 2018, Osmeña asked the court for an outright dismissal of the civil case saying BAC did not conduct a “genuine” public bidding, adding the service provider was a favored bidder.

Leyson/MBG