Court favors BCDA unit in Capas landfill dispute

A regional court has dismissed the complaint filed by Metro Clark Waste Management Corp. against Clark Development Corp. (CDC) over the termination of the former’s operation of the 100-hectare Kalangitan sanitary landfill in Capas, Tarlac.

This court ruling gives the CDC, a subsidiary of the Bases Conversion Development Authority (BCDA), the leeway to recover the vast property and redevelop it in the future.

Citing a 30-page decision dated Oct. 21 issued by the Angeles City Regional Trial Court (RTC) Branch 114, the BCDA said “failure to state cause of action, prescription and willful and deliberate forum shopping” had led to the dismissal of the case against CDC.

“This decision validates the CDC and BCDA’s position that the contract between the parties is for 25 years or until its expiration on Oct. 5, 2024, and cannot be renewed or extended,” the BCDA said in a statement on Wednesday.

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Metro Clark, run by a joint consortium of Filipino and German investors, had sought an automatic renewal clause to the 25-year contract of services over the landfill in Capas.

According to the BCDA, the RTC ruling further noted that Metro Clark was cited for “forum shopping” as the latter instituted an injunction case before the Capas RTC. This is on grounds that the parties are the same; the causes of action are the same; and that the reliefs sought are the same, said the BCDA.

Metro Clark and its counsel were directed to show cause within 10 calendar days to explain why it should not be cited in direct contempt for forum shopping, said the BCDA.

“In view of the Angeles City RTC’s decision, CDC and BCDA 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 nondisruption of solid waste management services in concerned areas,” it added.

Up for rehabilitation

In a media roundtable with the Inquirer on Tuesday, BCDA president and CEO Joshua Bingcang said they plan to rehabilitate the property following this court decision.

“The stacks of garbage there are higher than a mountain,” Bingcang said, citing plans to turn the area into a park so the public can enjoy the property.

The BCDA official also said that there are three alternative landfills that could service the area, assuring that proper waste management would not be a problem during the rehabilitation phase.

“They’re handling 2,200 tons a day but there are alternatives now. There are three alternatives in Porac and Floridablanca that can handle up to 12,000 [tons a day],” he said.