Dismissal of complaint involving Tarlac sanitary landfill lauded

CLARK FREEPORT, Philippines —The Bases Conversion and Development Authority (BCDA) has commended the dismissal by the Angeles City Regional Trial Court (RTC) of a complaint involving the use of a 100-hectare Kalangitan sanitary landfill in Capas, Tarlac

The complaint sought to include an automatic renewal clause in the 25-year service contract covering the landfill.

In a decision issued on Oct. 21, Judge Rodrigo del Rosario of the Angeles City RTC Branch 114 dismissed the complaint filed by the Metro Clark Waste Management Corp. (MCWMC) against Clark Development Corp. (CDC) and the BCDA.

The court said the MCWMC resorted to “forum shopping” when it filed an injunction case before a trial court in Capas seeking a similar action and relief.

It said the CDC and the MCWMC had agreed to settle before a proper court in Angeles any possible case that may arise from the contract.

The ruling validated the position of the CDC and BCDA that the contract, signed by officials of CDC and MCWMC, is valid for 25 years or until Oct. 5 this year, and could not be renewed or extended.

The court ordered the MCWMC and its counsel to explain within 10 days from receipt of notice why it should not be cited in direct contempt for forum shopping.

The ruling allowed the CDC and the BCDA to continue working with the Department of Environment and Natural Resources as well as other agencies to ensure the non-disruption of solid waste management services in concerned areas.