CLARK FREEPORT — The Clark Development Corporation (CDC) has clarified that an injunction issued by a Capas Regional Trial Court does not give Metro Clark Waste Management Corp. (MCWMC) the authority to operate the Kalangitan Landfill.
The CDC said that in issuing the injunction, the court did not grant MCWMC any authority to operate (ATO) the landfill – regulatory power of which resides solely with the state-owned firm.
It was learned that without the necessary ATO issued by CDC, MCWMC is prohibited from conducting any operations.
The Writ of Preliminary Injunction issued by the RTC Branch 66 in Capas on Oct. 29 merely ordered the CDC and Bases Conversion and Development Authority (BCDA) from forcibly taking over the Kalangitan Sanitary Landfill.
It reads: “Defendants Agnes VST Devanadera, Joshua “Jake” Bingcang, or any and all officers of defendant CDC and BCDA or any person acting under their orders or authority and Heads of CDC’s and BCDA’s security forces and their security personnel are enjoined from using force, violence, coercion, threat and/or intimidation in, demanding to vacate/actually evicting. Plaintiff or any of its officers, employees or representatives and from taking over by the same means, or performing any acts leading to a forcible takeover of the subject premises of the plaintiff specifically the 100-hectare property which is the site of the Kalangitan Sanitary Landfill until the termination of this case and/or further order/s from this court/s of competent jurisdiction.”
MCWMC’s 25-year Build-Operate-Transfer Contract for Services (CfS) and Authority to Operate (ATO) expired on October 6, 2024. Without a valid CfS, there is no legal basis for the issuance of an ATO. Consequently, MCWMC is not authorized to continue operations, the CDC said.
On October 21, 2024, the Angeles City Regional Trial Court dismissed with prejudice the case filed by MCWMC against CDC and the BCDA. The court’s ruling, which found the case to lack merit, validates CDC and BCDA’s position that the contract is valid only for 25 years, expiring on October 5, 2024, and cannot be renewed or extended.
In accordance with its regulatory duties, CDC issued a Cease and Desist Order (CDO) on October 25, 2024, mandating MCWMC to cease all operations at the landfill and to process its clearance for obtaining a Bring-Out Permit for its movable properties. Despite this directive, MCWMC has refused to accept these documents.
“Clark is a special economic zone with stringent regulatory frameworks and operational standards. CDC’s recent regulatory actions align with its mandate to oversee and regulate enterprises within the Clark Freeport and Special Economic Zones,” the CDC said.
This mandate is supported by Republic Act No. 7227, as amended, Executive Order No. 80, series of 1993, and Presidential Decree No. 66, which provide the legal foundation and operational guidelines for these zones.
