In a decision dated May 29, Judge Santiago Estrella of Regional Trail Court Branch 28 in Pasig City, ordered Aventajado as chairman of the Greater Metropolitan Manila Solid Waste Management Committee, and Binay to stop inviting bids for the disposal of Metro Manilas garbage, on the petition of Jancom Environmental Corporation which won a contract to install a waste-to-energy plant in the closing days of the Ramos administration.
Former Concon delegate Manuel Molina, Jancoms legal counsel, said the contract remains valid and should be respected by the GMMSWMC and the MMDA.
Molina said that Aventajado, who was instructed to review the contract for President Estradas final approval, summarily informed Jancom that the project is no longer feasible, "in clear abuse of his authority and without specific presidential instructions."
Aventajado and Binay, according to him, then offered bids for the disposal of Metro Manilas garbage. They recently awarded a contract to RII Builders which plans to use Semirara Island as an alternative dumpsite to the San Mateo landfill which will be permanently closed by the end of the year.
Jancom filed for certiorari and prohibition against GMMSWMC and MMDA on March 14 this year which was granted by Estrella. The decision, according to Molina, has become final and executory.
"Despite the decision, the respondents invited and awarded bids for landfill facilities in defiance of the courts order to the prejudice of the rights and interests of my clients," Molina said.
He said Jancom is prepared to install the state-of-the-art solid waste management facility within six months upon ratification of the contract by President Estrada.