Tarlac court blocks Clark body from taking over Capas landfill

CLOSURE NOTICE Workers from the Clark Development Corporation install on Tuesday, Oct. 29, notices along the road towards the Kalangitan landfill in Capas, Tarlac, stating that the Metro Clark Waste Management Corporation (MCWMC) no longer has a business permit and authority to operate the waste disposal facility. On the same day, however, a Capas court granted an injunction sought by MCWMC that stops the closure of the facility. —Contributed photo

MABALACAT CITY, PAMPANGA, Philippines — A Regional Trial Court (RTC) in Capas town, Tarlac, has issued an order preventing the Bases Conversion and Development Authority (BCDA) and its subsidiary, the Clark Development Corporation (CDC), from taking control of the 100-hectare Kalangitan sanitary landfill, located within the 53,000-ha Clark Special Economic Zone.

In a ruling on Tuesday, Capas RTC Branch 66 Executive Judge Ronaldo Haban granted a Writ of Preliminary Injunction sought by landfill operator Metro Clark Waste Management Corporation (MCWMC), instructing CDC and BCDA officials, along with their security personnel, to refrain from any actions to remove the company from the landfill in Sitio Kalangitan, Cutcut II, Capas, Tarlac.

READ: Angeles court junks Tarlac landfill operator’s bid to extend contract

The court earlier issued a 72-hour temporary restraining order (TRO) on Oct. 4, preventing the CDC and BCDA from evicting MCWMC on Oct. 6, coinciding with the end of MCWMC’s 25-year contract with CDC. The TRO was extended to 20 days until Oct. 24.

In its latest order, the Capas court required MCWMC to post an injunction bond of P5 million as potential compensation to CDC and BCDA, should the court ultimately rule against MCWMC’s petition.

The CDC issued a statement on Wednesday clarifying it had not attempted a forcible takeover of the Kalangitan landfill, maintaining that its actions were lawful.

The CDC stated it had issued a cease-and-desist order on Oct. 25, asking MCWMC to peacefully return the property to the government but MCWMC declined to accept the documents, prompting CDC to send them via email and courier.

In a statement, MCWMC welcomed the Capas court’s latest order.

“The injunction prevents any attempts by CDC and BCDA to forcibly take over the Kalangitan Sanitary Landfill,” it said.

The legal dispute took another turn on Oct. 21 when Angeles City RTC Branch 114 dismissed a civil case filed by MCWMC against CDC and BCDA related to the expiration of the contract.

Reformation

MCWMC had filed for reformation (or amending) of the contract, requesting an extension of its expired 25-year service contract by another 25 years.

But Angeles City RTC Branch 114 Judge Rodrigo Del Rosario ruled that MCWMC’s pleading lacked sufficient basis, that the statute of limitations for reformation had expired, and that MCWMC had engaged in “deliberate forum shopping,” noting that MCWMC had sought rulings from multiple courts, pursuing a TRO from the Capas court on Oct. 4 while its case was still pending in Angeles City.

MCWMC’s filing argued that the true intent of the contract was to include an automatic renewal clause, allowing the company to continue operating the landfill for an additional 25 years.

The court directed MCWMC and its legal counsel to explain within 10 days why they should not face contempt charges for willfully and deliberately filing the same matter in two courts.

As MCWMC maintained its right to a renewal of the contract, it warned that many local governments and businesses, including those collecting hazardous wastes, would have nowhere to send their garbage.

But the BCDA has been insisting on recovering the 100-ha land for the planned expansion of the Clark Special Economic Zone. The CDC also said there was no reason for local governments or Clark locators to fear they would not have a place to send their trash since a modern landfill has already started operating in Pampanga province.