Clark Development Corporation (CDC) clarified that a recent injunction by the Capas Regional Trial Court does not authorize Metro Clark Waste Management Corp. (MCWMC) to continue operations at the Kalangitan Landfill.
According to CDC, the court’s injunction only prevents CDC and the Bases Conversion and Development Authority (BCDA) from forcibly taking over the landfill but does not grant MCWMC an Authority to Operate (ATO). The issuance of an ATO, CDC emphasized, is under its regulatory control.
Without a valid ATO issued by CDC, MCWMC is barred from operating at the site. The 25-year Build-Operate-Transfer Contract for Services (CfS) and ATO that MCWMC held expired on October 6, 2024. CDC stated that with the CfS expiration, there is no legal basis for an ATO, and thus, MCWMC’s operations are unauthorized.
The court order, issued by RTC Branch 66 in Capas on October 29, only restricts CDC and BCDA from using force or threats to take control of the landfill. The ruling specifies that CDC and BCDA officials and their security personnel are barred from forcibly evicting MCWMC personnel or taking over the 100-hectare landfill site during ongoing court proceedings.
CDC noted that an earlier lawsuit by MCWMC against CDC and BCDA was dismissed with prejudice by the Angeles City Regional Trial Court on October 21, 2024, validating CDC and BCDA’s stance that MCWMC’s contract cannot be renewed or extended.
In line with its regulatory responsibilities, CDC issued a Cease and Desist Order (CDO) on October 25, 2024, requiring MCWMC to halt all landfill operations and secure a Bring-Out Permit for its equipment. MCWMC, however, has not acknowledged these documents.
“Clark operates as a special economic zone with strict regulatory standards,” CDC stated, adding that its actions align with its mandate under Republic Act No. 7227, Executive Order No. 80 (1993), and Presidential Decree No. 66, which provide the regulatory framework for the Clark Freeport and Special Economic Zones.