The Bases Conversion and Development Authority (BCDA) lauds the Angeles City Regional Trial Court Branch 114 for dismissing the complaint seeking to include an automatic renewal clause to the 25-year Contract for Services over the 100-hectare Kalangitan sanitary landfill in Capas, Tarlac between Metro Clark Waste Management Corp. (MCWMC) and Clark Development Corp. (CDC).
In a 30-page decision issued by the Angeles City RTC Branch 114 Presiding Judge Rodrigo I. Del Rosario dated October 21, 2024, the trial court 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.”
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.
Moreover, the trial court ruled that MCWMC willfully and deliberately committed forum shopping when they instituted an Injunction Case before RTC Capas, given that (1) the parties are the same, (2) causes of action are the same, and (3) the reliefs sought are the same. As stated in the Contract, CDC and MCWMC agreed upon the proper court of Angeles City as the venue of action in case of litigation.
Accordingly, the trial court directed MCWMC and its counsel to show cause within 10 calendar days from the receipt of the Order to explain why it should not be cited in direct contempt for forum shopping.
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 (LGUs) to ensure the non-disruption of solid waste management services in concerned areas.
Rest assured that the BCDA and CDC are committed to ensuring compliance with the law, and protecting the interest of the government and the public.
