MAINTENANCE WORK In this photo taken in January 2024, workers roll out a sheet of protective covering on the Kalangitan
Sanitary Landfill’s expanded disposal area. —PHOTO COURTESY OF MCWMC
MANILA, Philippines — The temporary restraining order (TRO) issued by a local court in favor of Metro Clark Waste Management Corporation (MCWM) against two government-owned and controlled corporations regarding a landfill property has been extended.
In a statement on Wednesday, the MCWM said the initial 72-hour TRO, granted to them by the Regional Trial Court Branch 66 of Capas, Tarlac, last October 4, has been extended until October 24.
READ: Closure of Tarlac landfill halted for 72 hours
The issue stemmed from the Bases Conversion and Development Authority’s (BCDA) and Clark Development Corporation’s (CDC) alleged unlawful entry to Kalangitan Landfill property, operated by MCWM.
The MCWM said they have a valid lease contract in the property until 2049.
These alleged attempted illegal entries were said to have caused disruption in the operations of the landfill. As a result, the MCWM decided to pursue legal action against BCDA and CDC through a TRO.
Despite the initial TRO, the BCDA and CDC allegedly left remarks about forcefully seizing the landfill.
In its extended TRO, the court said: “A clear and unmistakable right exists in favor of the plaintiff, who has been disturbed in their peaceful possession of the subject leased premises. The plaintiff holds a valid lease agreement over the 100-hectare property, which is set to expire in the year 2049, with an option for renewal until the year 2065.”
“Defendants Agnes VST Devanadera, Joshua “Jake” Bingcang, or any and all officers of defendant CDC and BCDA or any person acting under their orders or authority and Heads of CDC’s and BCDA’s security forces and their security personnel are enjoined from forcibly ejecting plaintiff or any of its officers, employees, or representatives, and by taking over by force or performing any acts leading to a forcible takeover of the subject leased premises of the plaintiff specifically the 100-hectare property which is the site of the Kalangitan Sanitary Landfill until the expiration of this Temporary Restraining Order,” the court also said.