ANGELES: The Bases Conversion and Development Authority (BCDA) expressed approval over a recent court decision dismissing a complaint filed by Metro Clark Waste Management Corp. (MCWMC) regarding the Kalangitan sanitary landfill. The dispute centered on the automatic renewal clause of a 25-year contract between MCWMC and Clark Development Corp. (CDC) for services at the landfill located in Capas, Tarlac.
According to Philippines News Agency, the Regional Trial Court Branch 114 in Angeles City ruled against MCWMC’s complaint, with the decision handed down by Presiding Judge Rodrigo Del Rosario on October 21, 2024. The court dismissed the case “with prejudice,” citing reasons including failure to state a cause of action, prescription, and willful and deliberate forum shopping.
The BCDA stated that this decision supports their stance that the contract, which expired on October 5, 2024, is not subject to renewal or extension. The trial court further noted that MCWMC engaged in forum shopping by filing an injun
ction case with the RTC of Capas, which involved the same parties, causes of action, and reliefs sought.
The original contract had stipulated that any litigation should be conducted in the court of Angeles City, as agreed by CDC and MCWMC. In light of the decision, the court has instructed MCWMC and its legal representatives to justify why they should not face charges of direct contempt for forum shopping, with a deadline of 10 calendar days from the receipt of the order.
In response to the ruling, the BCDA emphasized its commitment to collaborating with the Department of Environment and Natural Resources-Environmental Management Bureau, the Department of the Interior and Local Government, and local government units to maintain uninterrupted solid waste management services. The BCDA and CDC reaffirmed their dedication to legal compliance and safeguarding public and governmental interests.