CLARK FREEPORT — The Bases Conversion and Development Authority has welcomed the decision of the Court of Appeals to nullify a Tarlac court’s order that previously prohibited the BCDA and Clark Development Corp. from recovering the 100-hectare Kalangitan Sanitary Landfill in Capas, Tarlac.
The decision supports the BCDA and CDC’s position that the landfill can no longer operate in New Clark City, as its contract has already expired and can neither be renewed nor extended.
“The BCDA lauds the Court of Appeals for standing by what is right and for upholding the rule of law. This decision brings the government a step closer towards pursuing more high-impact projects in New Clark City that will provide more jobs and economic opportunities for surrounding communities in Tarlac, Pampanga, and nearby provinces,” BCDA president and CEO Joshua M. Bingcang said.
In a 55-page decision issued on Feb. 13, 2025, the Court of Appeals granted the BCDA’s and CDC’s petition to quash the writ of preliminary injunction (WPI) issued by Presiding Judge Ronald Leo T. Haban of the Tarlac Regional Trial Court Branch 66 to prevent the government from regaining possession of the property.
The court decision stated that the injunction should not have been granted by Judge Haban given that Metro Clark Waste Management Corp. (MCWMC) committed forum shopping in filing for the injunction.
The court also said the contract for services between the CDC and MCWMC is a build-operate-transfer (BOT) contract and a national government project. Hence, the presiding judge had no jurisdiction to issue any temporary restraining order (TRO) and WPI. Pursuant to RA 8975 (An Act to Ensure the Expeditious Implementation and Completion of Government Infrastructure Project by Prohibiting Lower Courts from Issuing Temporary Restraining Orders, Preliminary Injunctions or Preliminary Mandatory Injunctions, Providing Penalties for Violations Thereof, and For Other Purposes), only the Supreme Court has the authority to issue any order to restrain or prohibit the implementation of national government projects, including those under the BOT scheme.
The Court of Appeals also found that the requisites for the issuance of WPI in favor of MCWMC were not met, as the contract for services had no provision that expressly states that it was also a “lease agreement” as claimed by MCWMC, and only had a term of 25 years.
“Hence, the questioned Orders issuing the TRO and WPI are void and of no force and effect,” the CA said.
The BCDA reiterates that the contract involving the Kalangitan landfill is only effective for 25 years or until its expiration on Oct. 5, 2024, and cannot be renewed or extended. The MCWMC’s authority to operate or business permit has also expired. Hence, allowing the landfill to continue its operations would be
against the law. BCDA Public Affairs
