The Bases Conversion and Development Authority (BCDA) reiterated that the Metro Clark Waste Management Corp. (MCWMC) has “no authority and no business permit” to operate the 100-hectare Kalangitan sanitary landfill in Capas, Tarlac, and warned that any attempt to continue its operations would be against the law.
In a statement, the BCDA maintained that the Contract for Services between Metro Clark Waste Management Corp. (MCWMC) and Clark Development Corporation (CDC) already expired last October 5, 2024 and cannot be renewed or extended.
With the expiration of the contract, BCDA said MCWMC’s authority to operate/business permit for the Kalangitan landfill site likewise expired. Under such circumstances, the CDC, a subsidiary of BCDA that manages the landfill, issued a Notice to Cease and Desist Operations for MCWMC and asked the company to peacefully vacate the property.
But MCWMC filed a case against CDC before the Regional Trial Court in Capas, Tarlac for mandamus, but which was denied by the court. This is on top of the earlier case it filed for injunction at the same court against the takeover by CDC. The court favorably ruled in this case and granted MCWMC its petition for injunction against the implementation of the CDC decision.
MCWMC also filed a third case before the Angeles City Regional Trial Court Branch 114 wherein it also sought to include an automatic renewal clause to the 25-year Contract for Services with CDC over the 100-hectare Kalangitan sanitary landfill in Capas. The Angeles City RTC, however, denied MCWMC’s petition.
In a 30-page decision issued on Oct. 21, 2024 by the Angeles City RTC Branch 114 Presiding Judge Rodrigo I. Del Rosario, the court dismissed MCWMC’s complaint against CDC and BCDA “with prejudice on the grounds of failure to state cause of action.”
The Angeles RTC further admonished MCWMC for “willful and deliberate forum shopping” when it filed the complaint at the Capas RTC for an Injunction Case before RTC Capas, given that (1) the parties are the same, (2) causes of action are the same, and (3) the reliefs sought are the same. MCWMC filed the case at the RTC Capas when their contract with CDC stated that the proper court in Angeles City is the venue of action in case of litigation, the BCDA added.
The BCDA further appealed the decision before the Court of Appeals the first favorable decision by the RTC Capas. In this case, the CA ruled in favor of BCDA and CDC and enjoining the RTC Capas, Tarlac from implementing its Writ of Preliminary Injunction that prohibited BCDA and CDC from directly or indirectly removing MCWMC from the Kalangitan landfill site.
BCDA said the favorable court decisions only validate their position that the contract between the parties was good for 25 years or until its expiration on October 5, 2024, and cannot be renewed or extended.
BCDA reiterated that MCMWC’s continued use as a sanitary landfill would violate existing laws such as Republic Act 9003 or the Ecological Solid Waste Management Act of 2000; hence, its continued use is “unauthorized and illegal.”
In line with this, the BCDA is seeking the cooperation of local government units (LGUs), other government agencies, and businesses to stop using the sanitary landfill. The government agency strongly urged the LGUs to explore other waste management facilities recognized by the Department of Environment and Natural Resources- Environmental Management Bureau for their solid waste management requirements.
The BCDA also appealed for all stakeholders to uphold the rule of law and make way for peaceful cooperation to ensure the non-disruption of waste management efforts in Central Luzon, as well as neighboring cities and provinces.
