PAMPANGA, Philippines – The Bases Conversion and Development Authority (BCDA) and Clark Development Corporation (CDC) welcomed a local trial court’s decision to dismiss the complaint filed by landfill operator Metro Clark Waste Management Corporation (MCWMC) over the 100-hectare Kalangitan sanitary landfill in Capas, Tarlac.
In a 30-page decision, Angeles City Regional Trial Court (RTC) Branch 114 Presiding Judge Rodrigo del Rosario on October 21 dismissed MCWMC’s complaint against CDC and BCDA “with prejudice on the grounds of failure to state cause of action, prescription, and willful and deliberate forum shopping.”
In a separate statement issued by BCDA and CDC on October 22 and 23, respectively, BCDA and CDC said the decision validated their position that the contract of MCWMC cannot be renewed or extended.
BCDA and CDC have reiterated their position on the expiration of MCWMC’s contract that is valid only until October 5, 2024.
“This decision validates the CDC and BCDA’s position that the contract between the parties is for 25 years or until its expiration on October 5, 2024, and cannot be renewed or extended,” BCDA said in its statement.
The court also found MCWMC guilty of “forum shopping” for filing an injunction case in Capas, Tarlac as the parties, causes of action, and requested reliefs were similar.
The court ordered MCWMC and its counsel to show cause and explain within 10 calendar days from the receipt of the order why they should not be held liable for forum shopping.
Rappler has reached out to MCWMC for comment. We will update this story once we receive their official statement.
MCWMC had secured an extension of a temporary restraining order (TRO) against the closure of the Kalangitan landfill. The TRO expires on Thursday, October 24.
Both CDC and BCDA said they will continue to work with the Department of Environment and Natural Resources-Environmental Management Bureau, the Department of Interior and Local Government, and the local government units to ensure the non-disruption of solid waste management services in areas affected by the landfill’s closure. –Rappler.com