CA stops Tarlac court order blocking landfill takeover

MANAGING WASTE The Kalangitan sanitary landfill located within the Clark Freeport and Special Economic Zone in Capas, Tarlac, shown in this Oct. 29 photo, is an important facility that handles hazardous waste and trash from businesses and local governments in Central Luzon and nearby areas. —PHOTO COURTESY OF CLARK DEVELOPMENT CORP.

CLARK FREEPORT—The Court of Appeals (CA) 10th Division has issued a 60-day temporary restraining order (TRO) suspending the writ of injunction granted by a Capas regional trial court (RTC) stopping the government from evicting Metro Clark Waste Management Corp. (MCWMC) from the 100-hectare landfill within New Clark City.

In a resolution dated Dec. 16, the CA temporarily set aside the Oct. 29 writ issued by RTC Judge Ronald Leo Haban, which prevented the forcible takeover of the Kalangitan sanitary landfill by the Clark Development Corp. (CDC) and the Bases Conversion and Development Authority (BCDA).

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

The dispute stems from the expiration of MCWMC’s 25-year contract with CDC on Oct. 6. The contract covered the construction, operation, and management of a waste management center in Capas, Tarlac.

MCWMC has filed cases in Angeles City and Capas courts to seek an extension of the agreement, which remains unresolved.

In a statement on Thursday, MCWMC acknowledged the CA’s TRO but stressed that it did not authorize the CDC to forcibly take over the landfill.

“We respect the judicial process and remain committed to defending our rights and obligations under our lease agreement in the appropriate legal forums. It is important to emphasize that this TRO does not authorize CDC to forcibly take over the Kalangitan sanitary landfill property,” the company said.

It added: “No court order exists that would permit such action, and the ongoing legal dispute regarding the status of our contract is still pending resolution by the courts.”

MCWMC also cited its vital role in managing waste from over 100 local government units.

Industry concerns

Handling over 3,000 tons of waste daily, the company described the Kalangitan facility as a world-class, ISO-certified landfill that sets benchmarks in compliance and environmental stewardship.

In October, environmental and industrial waste managers raised concerns over the potential closure of the Kalangitan landfill.

At an online briefing, representatives from the Pasig-based Dolomatrix Philippines Inc. and Bulacan-based Gulf Oil Petroleum Products noted that the facility was the only one capable of disposing of hundreds of tons of hazardous and industrial waste each month.

“With the type of waste that we dispose of, only Metro Clark has the capacity and capability to accept it. If it is shut down, I don’t know where to bring it,” said Benjie Razalan, general manager of Gulf Oil Petroleum, a registered hazardous waste treatment and storage facility.

For Dolomatrix’s operations manager April Dianne Rivera and marketing and transport manager Florence Alberto, only the Kalangitan landfill is capable of disposing of up to 400 metric tons of hazardous waste they collect monthly from industrial and manufacturing companies from different parts of the country.

MCWMC argued that the closure of the landfill would worsen the country’s waste management crisis, stressing the need for more world-class facilities.

“Shutting down MCWMC (landfill)—given its unmatched size, capacity, and compliance standards—would exacerbate the country’s waste management crisis. The solution to our growing waste challenges is not to close down essential infrastructure but to encourage the development of more facilities that meet or exceed the same high standards,” it said.

BCDA stance

The BCDA has instructed the CDC to ensure the immediate turnover of the landfill following the contract’s expiration. In an April letter, the BCDA emphasized plans to develop the site and increase its economic value.

The Inquirer on Thursday tried but failed to get any comment from the CDC.

MCWMC continues to urge CDC to await court decisions before taking any further action, emphasizing its commitment to reliable and environmentally sound waste management solutions.