Capas court extends TRO vs. CDC, BCDA over Kalangitan landfill closure

A Tarlac court has extended the temporary restraining order (TRO) issued against the Bases Conversion and Development Authority (BCDA) and the Clark Development Corporation (CDC) over the closure of the Kalangitan landfill.

In an order dated October 8, the Capas Regional Trial Court Branch 66 extended the 72-hour TRO previously issued on October 4 to until October 24.

It was issued in favor of the Metro Clark Waste Management Corporation (MCWM).

“It was indubitably established with probable certainty that the failure to extend the application for a temporary restraining order, before a full hearing could be conducted, would likely result in grave and irreparable injustice to the plaintiff,” the court said.

The court enjoined employees of the CDC or BCDA from forcibly ejecting the MCWM or any of its officers, employees, or representatives from taking over by force or performing any acts leading to a forcible takeover of the Kalangitan landfill.

In a statement, the MCWM said that RTC previously found that it had a valid lease agreement over the 100-hectare property, which is set to expire in 2049.

“However, despite the issuance of said TRO, BCDA and CDC continue to ignore the fact that the MCWM lease contract covering the 100-hectare Kalangitan Landfill property remains valid until 2049,” it said.

The MCWM said it will continue to seek all judicial remedies.

“MCWM remains unwavering in its commitment to provide efficient waste management solutions and address the nation’s pressing solid waste challenges,” it said.

In June, the BCDA said that its 25-year contract with MCWM, the company operating the Kalangitan landfill, has ended.

It said the contract cannot be renewed since it will violate the Build-Operate-and-Transfer Law.

Sought for comment, the CDC said it will comply with the order. Despite this, it maintained that the contract with MCWM expired on October 6.

"It shall seek guidance from its statutory counsel, the Office of the Government Corporate Counsel, on the appropriate action to take in light of this new development," it said in a statement.

GMA News Online also sought comment from the BCDA but has yet to receive a response as of posting time.—Joahna Lei Casilao/ VAL, GMA Integrated News