BAGUIO CITY – The local government and the management of the Benguet Corporation (BC) are currently ironing out the details of the proposed deed of usufruct for the use of a portion of the company’s property in Antamok for the establishment of the proposed integrated solid waste disposal facility to permanently address the city’s garbage disposal problem.
Mayor Mauricio G. Domogan said that while he gave his go-signal on the draft of the proposed deed of usufruct, some technical matters have yet to be ironed out by both parties before the formal signing ceremony of the document to concretize the permanent location of the city’s integrated solid waste disposal facility.
He explained that the local government will request the Cordillera office of the Environmental Management Bureau (EMB-CAR) to first evaluate the site for the possible issuance of the mandatory Environmental Compliance Certificate (ECC) before all other related activities will be fully implemented.
Earlier, BC offered to the local government the use of some 24.11 hectares of its Antamok open pit site in Itogon, Benguet for the city’s integrated solid waste disposal facility through a deed of usufruct.
A survey was conducted by the personnel of the local government, in coordination with the BC management, to ascertain the area to be utilized for the purpose considering that the desired area will come from 5 separate titles under the company’s name.
Under the proposed deed of usufruct, the local government shall have full use, control, possession and occupation of the property for its proposed integrated solid waste disposal facility for a period of 25 years for free.
However, should the city use the property for any other purpose contrary or not related to the project, the deed of usufruct will be deemed terminated and the use of the property will immediately revert back to the mining company.
In case the deed of usufruct will be terminated, all improvements made on the premises shall accrue to the benefit of the company without the need for reimbursement or compensation to the city, provided that, in the event of pre-termination of the deed of usufruct for any reason whatsoever and notwithstanding the reversion of the property, the local government shall continue to be liable for the environmental effects of its activities in the property that will include remediation and rehabilitation of the area.
The local government shall provide the necessary capital and resources to develop and operate the integrated solid waste management facility and the early development and implementation of the project is the main consideration for the execution of the deed of usufruct in favour of the city.
Moreover, the usufruct is made with the condition that the local government shall forever be released and discharged by the Department of Environment and Natural Resources (DENR) from all obligations and liabilities in connection with the environmental rehabilitation of the property.
By Dexter A. See