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The CDC confirms receipt of the TRO, but reiterates that the service contract with Metro Clark Waste Management, which expired on October 5, cannot be renewed
TARLAC, Philippines – The Metro Clark Waste Management Corporation (MCWM) has secured a 72-hour temporary restraining order (TRO) against the closure of the Kalangitan landfill.
The TRO was issued by the Regional Trial Court Branch 66 in Capas, Tarlac against the Bases Conversion Development Authority (BCDA) and the Clark Development Corporation (CDC), effectively preventing them from taking over the Kalangitan landfill.
A hearing is set at 2 pm on Monday, October 7 as the TRO expires around 7 pm the same day.
The MCWMC had expressed disappointment to BCDA and CDC when it sought the TRO, arguing that the lease agreement on the 100-hectare property on which Kalangitan landfill is located is valid until 2049.
“This situation has left us with no other choice but to seek legal recourse and pursue the application for the TRO to protect our operations and, most importantly, the communities that rely on our services,” MCWMC executive vice president Victoria Gaetos said during a prayer vigil held on October 5 with MCWMC stakeholders.
“MCWM’s ultimate priority has always been to serve our customers and the communities we support, as we have safely, effectively, and efficiently done for over 20 years. Securing this TRO to prevent unjust actions against us reflects our commitment to protect our right to continue serving the public,” she added.
The CDC confirmed receipt of the TRO in favor of MCWMC, but reiterated that the service contract with MCWMC, which expired on October 5, cannot be renewed.
The CDC said its decision is based on a legal opinion of 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,” the CDC said in a statement on Sunday, October 6.
BCDA President and CEO Joshua Bingcang, in a statement last April 30, said MCWMC should vacate and deliver the property, inclusive of all new constructions and improvements introduced during the term of the contract, to CDC.
“The 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,” Bingcang said.
On September 16, the CDC issued a memorandum recognizing Prime Waste Solutions (PWS) Pampanga as its newly accredited sole-service provider for the collection of residual waste within Clark. New bins have been installed to ensure proper handling and disposal of waste throughout the area.
Prime Waste Solutions (PWS) Pampanga began its collection of residual waste within Clark Freeport on October 6.
“We are fully ready to start servicing Clark’s locators. We deployed our bins round the clock the past week as part of our comprehensive service, ensuring that waste collection is streamlined and efficient from day one,” said PWS Pampanga President Cara Peralta in a statement.
According to PWS, its facility in Porac, Pampanga is designed to accept up to 5,000 tons of solid waste per day. – Rappler.com
