Case no.

2- MMDA vs Jancom, GR# 147465

Facts
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This is a petition for certiorari seeking to reverse and set aside the November
13, 2000 decision of the Court of Appeals declaring valid and perfected the
waste management contract entered into by the Republic of the Philippines,
represented by the Secretary of National Resources and the Executive
Committee
FVR issued presidential memorandum order no. 202 creating the executive
committee to oversee the BOT implementation of solid waste management
program projects, headed by the chairman of the MMDA and the cabinet
officer for the regional development-ncr. The EXECOM was 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
A qualification evaluation was conducted by the pre-qualification bids and
awards committee to determine the proponents qualified to conduct the
project in which JANCOM, First Philippines and PACTECH appeared as qualified
proponents.
A pre bid conference was held wherein both JANCOM and first Philippines
requested for extension for the submission of the bids and PACTECH on the
other hand withdrew from the bidding.
On the second bid conference, the bid proposals of First Philippines for the
Carmona site and JANCOM for the Mateo site where found to be complete and
responsive, they were subsequently declared as the winners.
After a series of meetings and consultations a draft of the BOT contract was
presented. On December 19, 1997 the BOT contract was signed between
JANCOM and the Philippine government represented by the DENR secretary
Victor Ramos. The signed contract was then submitted to FVR for approval
but wasnt able to do so due to the expiration of the his term of office and
was subsequently endorsed to the incoming president Joseph Estrada.