CITY OF SAN FERNANDO — The Regional Trial Court Branch 66 in Capas, Tarlac, on Tuesday, October 29, issued a Writ of Preliminary Injunction requested by Metro Clark Waste Management Corporation (MCWMC).
The injunction, signed by Judge Ronald Leo Haban, prohibits officials of the Clark Development Corporation (CDC) and the Bases Conversion and Development Authority (BCDA) from using force to evict MCWMC or take control of a 100-hectare property that houses the Kalangitan Sanitary Landfill.
CDC earlier issued a Notice to Cease and Desist Operations (CDO) and a Demand to Peacefully Vacate and Turn Over the Property at the Kalangitan Sanitary Landfill to MCWMC on October 25, 2024.
The state-run issued the notice to the waste management firm after a Temporary Restraining Order (TRO) for the closure of the landfill from the Angeles City Trial Court expired on October 24, 2024.
With the TRO’s expiration, MCWMC stopped its operations on October 25, 2024.
The waste firm claimed that this disrupted waste disposal services for over 150 local government units across Central and Northern Luzon and some Metro Manila hospitals.
Following the issuance of the preliminary injunction by the RTC, the MCWMC announced that it will gradually resume accepting waste, with full operations expected to be restored within the week.
The writ will remain in effect until the case is resolved or relevant orders from higher courts are issued.
The MCWMC welcomed the court’s decision which allegedly allowed them to resume their service to their clients.
“We would like to reassure our valued clients, including our stakeholders, that we will continue to seek all available legal avenues as our faith in our country’s judicial system remains constant. We will immediately resume operations as soon as we have put in place our operational systems to once again efficiently serve our loyal customers and clientele,” the MCWMC stated.
The CDC meanwhile denied allegations of a forcible takeover of the landfill and said that its actions were in line with its regulatory duties.
“As part of its regulatory duties, on October 25, 2024, CDC merely issued a cease and desist order (CDO) and notified the landfill operator, Metro Clark Waste Management (MCWMC), to peacefully vacate and return the property to the government. However, MCWMC refused to accept these documents,” CDC stated.
CDC reiterated that MCWMC’s 25-year Build-Operate-Transfer Contract for Services and Authority to Operate expired on October 6, 2024.
“The CDC’s CDO specifically ordered MCWMC to cease all operations at the landfill and to process its clearance for obtaining a Bring-Out Permit for its movable properties. This regulatory move aligns with CDC’s mandate to regulate enterprises within the Clark Freeport and Special Economic Zones, as provided under Republic Act No. 7227, as amended, Executive Order No. 80, series of 1993, in relation to Presidential Decree No. 66, and other applicable laws and issuances,” the government-owned corporation added.