The Bases Conversion and Development Authority (BCDA) welcomes the Court of Appeals’ decision to nullify a Tarlac court’s order that previously prohibited the BCDA and Clark Development Corporation (CDC) from recovering the 100-hectare Kalangitan Sanitary Landfill in Capas, Tarlac.
The decision supports the BCDA and CDC’s position that the landfill can no longer operate in New Clark City, for its contract has already expired and cannot be renewed or extended.
“The BCDA lauds the Court of Appeals for standing by what is right and for upholding the rule of law. This decision brings the government a step closer towards pursuing more high-impact projects in New Clark City that will provide more jobs and economic opportunities for surrounding communities in Tarlac, Pampanga, and nearby provinces,” BCDA President and Chief Executive Officer Joshua M. Bingcang said.
In a 55-page decision issued on 13 February 2025, the Court of Appeals granted the BCDA’s and CDC’s petition to quash the Writ of Preliminary Injunction (WPI) issued by Presiding Judge Ronald Leo T. Haban of the Tarlac Regional Trial Court Branch 66 to prevent the government from regaining possession of the property.
The court decision stated that the injunction should not have been granted by Judge Haban given that Metro Clark Waste Management Corporation (MCWMC) committed forum shopping in filing for the injunction.
Moreover, the court said the Contract for Services between the CDC and MCWMC is a Build-Operate-Transfer (BOT) contract and a national government project. Hence, the presiding judge had no jurisdiction to issue any temporary restraining order (TRO) and WPI. Pursuant to Republic Act 8975, only the Supreme Court has the authority to issue any order to restrain or prohibit the implementation of national government projects, including those under the BOT scheme.
The Court of Appeals also found that the requisites for the issuance of WPI in favor of MCWMC were not met, as the Contract for Services had no provision that expressly states that it was also a “lease agreement” as claimed by MCWMC, and only had a term of 25 years.
“Hence, the questioned Orders issuing the TRO and WPI are void and of no force and effect,” the Court said.
The BCDA reiterates that the contract involving the Kalangitan landfill is only effective for 25 years or until its expiration on October 5, 2024, and cannot be renewed or extended. The company’s Authority to Operate or business permit has also expired. Hence, allowing the landfill to continue its operations would be against the law.