CLARK FREEPORT — Metro Clark Waste Management Corp. reaffirmed on Oct. 10 its commitment to resolve the Kalangitan landfill issue, exuding confidence that legal proceedings would ultimately rule in its favor.
This developed after Regional Trial Court-Branch 66 in Capas, Tarlac extended the 72-hour temporary restraining order (TRO) it issued on Oct. 4, barring the Clark Development Corp. and the Bases Conversion and Development Authority from taking over the 100-hectare area at New Clark City where the Kalangitan landfill is located.
The Capas RTC on Oct. 8 extended the TRO by 17 days, or until Oct. 24.
MCWMC officials said that through this order, the court effectively dealt a legal blow to the position of CDC and BCDA that the MCWMC contract to operate the landfill has expired last Oct. 6.
In its order dated Oct. 8, the RTC Branch 66 recognized that a “clear and unmistakable right exists in favor of (MCWMC), who has been disturbed in their peaceful possession of the subject leased premises.”
The court further noted that MCWMC “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.”
The RTC order then explicitly enjoined CDC president and CEO Atty. Agnes VST Devanadera and BCDA president and CEO Engr. Joshua Bingcang, or any person acting under their orders or authority, from any acts that could lead to a forcible takeover of the Kalangitan landfill.
The court stressed that the defendants “are enjoined from forcibly ejecting (MCWMC) 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.”
In a statement issued on Oct. 8, the CDC said it “will comply with this latest court order in connection with its contract with MCWMC. CDC maintains, however, that the contract has expired on October 6, 2024. It shall seek guidance from its statutory counsel, the Office of the Government Corporate Counsel (OGCC), on the appropriate action to take in light of this new development.”
Following this, MCWM reiterated its crucial role in waste management in the region for over two decades, delivering secure and regulatory-compliant facilities to serve various regions effectively.
It added that attempts to forcibly seize control of the landfill, despite the existing lease agreement and the apparent lack of alternative waste management facilities, pose severe risks to public health and the environment.
“As one of the country’s largest and most sophisticated waste management facilities, the Kalangitan Landfill complies with and even surpasses the standards of Republic Act 9003,” the MCWM pointed out.
“The abrupt and unlawful attempts by BCDA and CDC to close the landfill not only pose environmental risks, but also threaten the stability and welfare of the client communities, potentially depriving them of the region’s only fully compliant disposal facility,” it also said.
MCWMC furthered it is committed to upholding its legal rights and will continue its essential services to the public. Press release
