COURT JUNKS COMPLAINT VS BCDA, CDC OVER KALANGITAN LANDFILL

BY KEVIN GALANG

THE Angeles City Regional Trial Court (RTC) has dismissed the complaint filed by Metro Clark Waste Management Corporation (MCWMC)  against Bases Convertion and Development Authority (BCDA) and Clark Development Corporation (CDC) in connection with the Kalangitan Sanitary Landfill.

In a 30-page order by the Angeles City RTC Branch 114 on October 21, the court held that the complaint failed to state a cause of action and is already barred by prescription. 

The court also found MCWMC guilty of forum shopping when it filed an injunction case in Capas, Tarlac. 

The court ordered MCWMC and its counsel to show cause why they should not be held liable for willful and deliberate forum shopping.

Previously, the CDC has reiterated its position that the contract is valid only for 25 years, which officially expired on October 5, 2024. 

The state-run firm has also maintained its position that the said contract cannot be renewed or extended for it would violate the Build-Operate-Transfer (BOT) Law, which governs the bidding and awarding of contracts for MCWMC.

The MCWMC  earlier seeks to include an automatic renewal clause to the 25-year contract with CDC for services over the 100-hectare Kalangitan Sanitary Landfill.