City may be sued if W2W is cancelled

THE Dagupan City government may face a case for breach of contract if it will not honor its joint venture agreement signed in year 2016 with Sure Global Inc. which promised to build a 15 million U.S. dollar Waste-to-Worth project for Dagupan City.

Thus warned Councilor Jose Netu Tamayo, a lawyer, who told his colleagues in the Sangguniang Panlungsod (SP) last November 12 not to wait before a case “may be filed against us”, citing the joint venture agreement that needs to be realized.    

The joint venture agreement was signed by Mayor Belen Fernandez on behalf of the city with Julia Courts Boughton, chief executive officer of Sure Global, a company that intends to build the Waste-to-Worth facility on a 28,062 square meter of public land that was already segregated from the coverage of Proclamation No. 98 in Bonuan Binloc.

“As chairman on climate change, let us not wait that a case would be filed against us because there is already a joint venture agreement that has to be realized,” Tamayo said in his privilege speech before the SP. 

Another civil case for damages may also be slapped on the city as the machine for the project has already been built and the necessary Environmental Certificate was already secured.   

“During the term of Mayor Belen Fernandez and Vice Mayor Brian Lim, an ordinance was passed entering into a joint venture agreement with the Sure Global,” Tamayo intoned. 

In his privilege speech, Tamayo cited several ordinances and resolutions passed by the past SP endorsing and supporting the project:

Ordinance No. 2029-2005 authorizing Mayor Fernandez to negotiate, transact and enter into a Memorandum of Agreement with Sure Global regarding the implementation of the Waste-to-Worth project; Resolution No. 7000-2005;  appealed to President Benigno Aquino III to segregate an area of 28,062 square meters in Bonuan Binloc, from the land covered by Proclamation No. 98;  Resolution No. 7019 -2015 requesting DENR Secretary Ramon Paje to recommend to President Aquino the reclassification of 28,062 square meter area in Bonuan Binloc, covered by Presidential Proclamation No. 98; Ordinance No. 2062-2016 authorizing the City of Dagupan to enter into a joint venture agreement with a private sector proponent for the establishment of a Waste Management facility within the area segregated and reserved for such purpose;  Resolution No. 76332-2017 ratifying the joint venture agreement entered into by the Dagupan City government with Sure Global.  (Leonardo Micua)     

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