SBMA faces suit over stench from overstaying containers
SUBIC BAY FREEPORT—A beach resort operator has filed a case against the Subic Bay Metropolitan Authority (SBMA), seeking a court order to remove refrigerated containers blamed for emitting foul odors that have disrupted tourism activities and affected workers’ health.
In a complaint for judicial abatement of nuisance and mandamus filed before the Regional Trial Court in Olongapo City on May 28, Brighterday Subic Ltd., Inc. (BSLI), operator of the All Hands Beach Resort, alleged that the persistent stench from the nearby New Container Terminal (NCT) has driven away guests, caused booking cancellations, and raised health concerns among employees.
The case stems from 118 overstaying refrigerated containers at the Subic Bay International Terminal Complex (SBITC), many of which contain abandoned or confiscated agricultural products that have remained unclaimed for more than 300 days.
BSLI said it had repeatedly raised the issue with SBMA since October 2024 but claimed its concerns were not adequately addressed. According to the complaint, the odor was traced to unplugged refrigerated containers containing decomposing meat and food products.
The allegations echo earlier warnings from SBITC management, which urged government agencies to remove or dispose of the overstaying containers.
The terminal operator said some units were already emitting strong odors due to deteriorating cargo, posing environmental and operational concerns.
No timetable
BSLI said authorities had failed to provide a definite timetable for removing the odor-causing containers despite public complaints and media attention.
The company argued that the containers constitute a nuisance because they interfere with resort operations and affect employees’ well-being. It is asking the court to order SBMA to remove the containers identified as the source of the odor and reimburse litigation expenses.
The lawsuit also challenges SBMA’s position that the matter falls under the jurisdiction of the Bureau of Customs (BOC). While SBMA has said the disposition of abandoned cargo is a BOC function, BSLI argued that Republic Act No. 7227 gives the agency authority to regulate and manage port facilities within the freeport.
The case was filed days before the BOC Port of Subic began disposing of the first two containers containing rotten agricultural products as part of efforts to address the long-standing issue.
Alla Hands Beach Resort workers earlier told the Inquirer that the smell—often strongest in the late afternoon—had affected guests and raised concerns about possible health effects.
SBMA health chief Dr. Solomon Jacalne previously described the odor as a “sanitation nuisance” that could trigger respiratory irritation among sensitive individuals, though there is no evidence of long-term health effects.
