The Clark Development Corporation (CDC) is standing its ground on the closure of Kalangitan landfill even as it assures adherence to the Temporary Restraining Order issued by the court.
In a statement issued early morning Sunday, Oct 6, CDC “reiterates the nonrenewal of the Contract for Service with Metro Clark Waste Management Corporation (MCWMC), which officially expired on October 5, 2024.
CDC added: “This decision is based on a legal opinion from the Office of the Government Corporate Counsel (OGCC), the CDC’s statutory counsel.”
The opinion states that extending the contract between CDC and MCWMC beyond its expiration would violate the Build-Operate-Transfer (BOT) Law, which governs the bidding and awarding of contracts for this project.
As a background, CDC is a subsidiary of the Bases Conversion and Development Authority (BCDA).
It can be recalled that in a letter dated April 30, 2024, BCDA President and CEO Joshua Bingcang stated, “The Bases Conversion and Development Authority (BCDA) is keen on the development and increase of the economic value of the 100-hectare land area currently covered by a Contract for Service with Metro Clark Waste Management Corporation (MCWMC) located in New Clark City.”
“At the expiration of the Contract for Service, MCWMC should promptly vacate and deliver the property, inclusive of all new constructions and improvements introduced during the term of the contract, to the Clark Development Corporation,” the BCDA chief wrote.
On October 4, 2024, at 7:25 p.m., CDC received a 72-hour Temporary Restraining Order (TRO) from Branch 66 of the Regional Trial Court of Capas, Tarlac prayed for by MCWMC.
CDC said it adheres to the rule of law and will fully comply with the TRO. The state-run firm said it respects the sub judice rule and will refrain from commenting on ongoing court proceedings and public statements made by MCWMC in relation to the cases.
CDC also said that, “In line with its commitment to ensuring uninterrupted waste management services in Clark, Prime Waste Solutions Pampanga Inc. has been accredited waste service provider to ensure continuity after October 5, 2024.”
PNN has also received reports that a second company based in Pampanga has also been accredited while Bulacan-based waste providers are also being evaluated.
This developed as the Provincial Governments of Pampanga and Tarlac have also issued statements that ensure continuity of garbage collection services with the availability of alternative material recovery and landfill facilities near Clark.
CDC has called on stakeholders “to remain vigilant for accurate information”.