ITOGON, Benguet – Benguet Corporation donated to the municipal government a total of 8,947 square meters within its patented property to be used primarily for the put-up of the Town Residual Containment Area (TRCA) pursuant to the pertinent provisions of Republic Act (RA) 9003 or the Ecological Solid Waste Management Act.
The donation was enshrined in a memorandum of agreement signed by BC OIC-Resident Manager Antonio Buenavista and Mayor Victorio Palangdan.
Under the agreement the company will donate to the local government part of its patented claim in Antamok Lot 2, having a land area of 8,903 square meters and Fianza Lot 1, having an area of some 44 square meters.
Earlier, BC identified the said properties to be converted, developed and utilized as the TRCA for way of rehabilitation option in the final mine rehabilitation and decommissioning plan submitted to the Cordillera office of the Mines and Geosciences Bureau (MGB-CAR).
It can be recalled that the municipal government requested the company to donate the aforesaid properties for the conversion, development and utilization of the municipality as its TRCA pursuant to existing law, rules and regulations.
The company, in its continuing commitment in assisting the community of Itogon, Benguet and in consonance to its socio-economic development programs with the local government, has acted favorably and granted approved to the local government’s request.
The TRCA that will be established shall include the construction of the main TRCA building, materials recovery facility, composting facilities, nursery and such other structure and facilities ancillary to the project and that the construction, development, operation and management of the project shall be in accordance with the scope and specifications to be submitted by the local government to, and duly approved by the Environmental Management bureau of the Department of Environment and Natural Resources.
Both parties consent that the agreement is a gratuitous contract and that the local government respects and recognizes the exclusive ownership, title and possession of the company of the Antamok Lot 2 and Fianza Lot 1 and the adjoining mineral lands, and that the giving of consent by the company to the donation shall not in any way be understood to be a waiver of its ownership, title, rights and interests with respect to the adjoining mineral lands outside the property.
During the term of the agreement, BC is obliged to turn over the physical possession of the property to the local government as well as to allow the municipal government, its agents and representatives to access the property for purposes set forth and execute a deed of donation in favor of the local government covering the property for the TRCA project.
On the other hand, the local government will convert and develop the property into a TRCA project; plan, develop, design, and build the TRCA and its ancillary structures and facilities; provide funding for the TRCA; implement the TRCA pursuant to the approved plans and specifications and standards provided for by law; manage, use, occupy, operate, repair and maintain all the facilities within the TRCA; secure in its own name the required permits, licenses, and endorsements required for the implementation of the project, secure public acceptance and support of the project, including the maintenance of peace and order in the areas occupied by the TRCA; and undertake at its own expense, all repairs, necessary or otherwise, such as may be required to maintain the TRCA in a good condition.
However, the local government is not precluded in soliciting and accepting support or assistance from either the public or private sectors for the project.
The agreement provided that the local government shall not directly or indirectly assign, transfer, convey, mortgage or in any way encumber the property other than for the purpose of the TRCA project. Neither shall the local government enter into any agreement with any person or entity in connection with the occupancy of the premises outside of the declared purpose.