The Regional Trial Court (RTC) Branch 109 of Capas, Tarlac, issued a 20-day Temporary Restraining Order (TRO) on November 28, 2024, barring Clark Development Corporation (CDC) from interfering with Metro Clark Waste Management Corporation’s (MCWM) operations. In response to the court ruling, CDC communications division manager Astrud Aguinaldo responded, “Thank you for your inquiry and for getting our side. As much as we wanted to respond, there’s a gag order on the pending case, hence we are unable to provide any comments or details at this time. Thank you po for your understanding.”
Before the gag order, CDC issued a statement confirming its commitment to transparency and regulatory compliance. The corporation clarified that the Kalangitan Sanitary Landfill operates under a Build-Operate-Transfer (BOT) agreement approved by the Office of the President in 2000. CDC also noted that the publicly bidded contract for services with MCWM expired on October 5, 2024, and that it had accredited Prime Waste Solutions Pampanga Inc. as the first waste service provider for Clark. CDC mentioned that accreditation for additional waste management service providers was ongoing, with the process continuing until the contract’s expiration.
CDC emphasized that it remains dedicated to environmental sustainability within Clark. “The Clark Development Corporation (CDC) remains committed to transparency and regulatory compliance in its operations. To ensure continuous waste management services within Clark, CDC has accredited Prime Waste Solutions Pampanga Inc. as the first waste service provider,” the statement read.
The TRO follows MCWM’s filing of a Petition for Mandamus on November 19, 2024, seeking to address CDC’s refusal to renew MCWM’s Authority to Operate (ATO) despite the company’s compliance with renewal requirements. MCWM argued that CDC’s actions, including public notices and letters discouraging local government units (LGUs) and private entities from engaging with MCWM, violated its contractual rights and disrupted essential waste management services.
MCWM operates the Kalangitan Sanitary Landfill on a 100-hectare property under a lease agreement with CDC dated June 27, 2002. The agreement has been acknowledged in CDC-issued Certificates of Business Registration, most recently in January 2023 under CEO Devanadera. However, CDC claims that the lease expired on October 5, 2024, based on a 25-year duration. MCWM maintains that the lease remains valid until June 27, 2027, as indicated in prior CDC certificates.
Presiding Judge Sarah B. Vedaña-Délos Santos found that CDC’s interference caused “grave and irreparable injury” to MCWM, including loss of goodwill and business reputation. The court emphasized the need to maintain the status quo while the case proceeds.
The TRO specifically prohibits CDC and its officers from interfering with MCWM’s business operations, issuing further public notices against the company, or discouraging LGUs and private companies from engaging with MCWM. The court ordered a bond of ₱1,000,000 and scheduled hearings for a preliminary injunction.
The TRO allows MCWM to continue its essential waste management services for local government units (LGUs) and private clients in Luzon. This will continue while the legal dispute over the lease agreement and ATO renewal unfolds.