CLARK FREEPORT, Philippines – The Capas, Tarlac Regional Trial Court branch issued a writ of preliminary injunction on Tuesday, October 29, prohibiting the Bases Conversion and Development Authority (BCDA) and the Clark Development Corporation (CDC) from demanding the eviction of Metro Clark Waste Management Corporation (MCWMC) and from taking over the 100-hectare Kalangitan sanitary landfill in Capas, Tarlac.
The five-page order was issued by Presiding Judge Ronald Leo Haban of the Capas, Tarlac RTC Branch 66, five days after an earlier temporary restraining order (TRO) expired, which briefly interrupted operations at the Kalangitan landfill.
“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, or appellate court/s of competent jurisdiction,” the order stated.
The order also said that MCWMC is required to pay an injunction bond of P5 million to cover any damages that the defendants may incur due to the injunction, should the court determine that MCWMC was not entitled to it.
Prior to the expiration of the TRO, the application for a preliminary injunction was heard on October 18 and was submitted for resolution.
CDC issued a cease and desist order (CDO) on October 25, the day after the 20-day TRO expired. Following the expiration of the TRO, at least 20 fully loaded garbage trucks lined up outside the Kalangitan landfill.
CDC refuted claims of a forcible takeover of the Kalangitan Sanitary Landfill, asserting its actions were lawful. CDC said the CDO specifically instructed 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,” CDC said in a statement released on Wednesday.
As for the latest court order, CDC communications division manager Astrud Aguinaldo told Rappler on Wednesday: “No authority to operate, no operation. This was not covered by (the) writ of preliminary injunction.”
The Municipal Environment and Natural Resources Office (MENRO) of San Miguel, Bulacan, confirmed to Rappler that its waste disposal service has been interrupted since October 26. However, they have managed to transfer their waste to Eco Protect Management Corporation, an alternative sanitary landfill located in Porac, Pampanga.
MENRO officer-in-charge Wilfredo Santos said that the municipality generates between 9 to 12 tons of waste per day, using 9 truck haulers from its 49 barangays. Despite the interruption, Santos said that they still have an existing contract with MCWMC and will continue to send waste to the Kalangitan landfill as well as to Eco Protect.
Metro Clark resumes operations
According to MCWMC, the preliminary injunction effectively prevented CDC and BCDA from taking control of the waste facility, hindering its operations. MCWMC said it will immediately resume operations on October 30.
“We welcome this court action concerning our judicial recourse. For the past 25 years, our company have been painstakingly strived to deliver in earnest all our contractual obligations to the government and maintained extraordinary services, not to mention additional capital investments in order for us to provide efficiency to hundreds of local government units including industrial and commercial clientele both in Central and Northern Luzon regions,” MCWMC executive vice president Victoria Gaetos said in a statement released on October 30.
“We did not violate any environmental laws governing waste disposal nor have been remiss in our financial and service obligations to CDC for the past two decades. In spite of all these, we are being forced to cease our operational service and even vacate our leased facilities. We were left with no other options but to seek judicial intervention concerning our plight,” Gaetos added.
The MCWMC waste facility in Sitio Kalangitan in Capas, Tarlac is the only engineered sanitary landfill that has a daily capacity of 4,000 tons to 5,000 tons. It is serving some 150 local government units in Central and Northern Luzon, including hospitals in Metro Manila. – Rappler.com