THE Bases Conversation and Development Authority (BCDA) said on Wednesday that a Regional Trial Court (RTC) in Angeles City dismissed a bid by the former concession-holder to renew the operating contract of the 100-hectare Kalangitan sanitary landfill in Capas, Tarlac.
In a statement, the BCDA said RTC Branch 114 dismissed Metro Clark Waste Management Corp.’s (MCWM) bid to include an automatic renewal clause to the 25-year contract for landfill operation services.
Citing a 30-page decision, the BCDA said that Metro Clark’s complaint against Clark Development Corp. (CDC) and BCDA has been dismissed for “failure to state cause of action, prescription, and willful and deliberate forum shopping.”
“This decision validates the CDC and BCDA’s position that the contract between the parties is for 25 years or until its expiration on Oct. 5, 2024, and cannot be renewed or extended,” the BCDA said.
It said that the Angeles RTC ruled as forum-shopping the filing of an injunction with RTC Capas, and gave MCWM 10 days to explain why it should not be cited in direct contempt.
“As stated in the contract, CDC and Metro Clark agreed upon the proper court of Angeles City as the venue of action in case of litigation,” the BCDA added.
Following the decision, the BCDA said that it will continue working with the Department of Environment and Natural Resources, the Department of Interior and Local Government, and local government units to head off disruptions of the solid waste management services in the Clark area.
“Rest assured that the BCDA and CDC are committed to ensuring compliance with the law and protecting the interests of the government and the public,” the BCDA said. — Justine Irish D. Tabile