PAMPANGA, Philippines – A Regional Trial Court in Capas has issued a temporary restraining order (TRO) allowing Metro Clark Waste Management Corporation (MCWMC) to continue operating its sanitary landfill in Kalangitan in Tarlac amid an ongoing legal dispute with Clark Development Corporation (CDC) and Bases Conversion Development Authority (BCDA).
The court order, effective November 28 until December 18, prohibits CDC and BCDA officials from obstructing MCWMC’s operations or hindering the fulfillment of its waste management contracts.
The TRO was issued by Capas RTC Branch 109 Presiding Judge Sarah Vedaña delos Santos. The copy of the order was sent to the media on Tuesday, December 3.
The injunction ordered, the CDC and its CEO Agnes Devanadera, board members, officers, employees, and representatives to refrain from interfering, directly or indirectly, with MCWMC’s business operations.
They are prohibited from preventing the public from engaging in transactions with MCWMC or from discouraging LGUs and private companies with waste management contracts from using its services, until the court resolves the application for a writ of preliminary injunction.
In October, a preliminary injunction was issued following the expiration of an initial TRO, which prevented BCDA and CDC from evicting MCWMC or taking over the Kalangitan landfill.
After that initial TRO expired, several garbage trucks from various local government units and towns in the region were left queued outside the Kalangitan landfill, briefly interrupting MCWMC’s operations.
MCWMC Executive Vice President Victoria Gaetos said that the second TRO, issued in November, aims to maintain the status quo and allow their operations to continue. She clarified that the October TRO was related to preventing forcible entry.
Gaetos said a preliminary injunction is also set following the expiration of the second TRO as MCWMC aims to continue its operations amid the ongoing legal battle to “prevent irreparable damage.”
“There have been multiple attempts by BCDA and CDC to forcibly take over while our case is still in court. So we filed a TRO to prevent them from entering, as we still have an ongoing case. The first TRO issued in October was for 20 days, and it is now a preliminary injunction. This means CDC cannot forcibly enter or remove us without a lawful court order,” Gaetos told Rappler on December 4, in a mix of Filipino and English.
“While we have possession of the landfill, they are telling us we cannot operate. They have also been writing to our clients, stating that Metro Clark cannot operate because we don’t have a permit, and so on,” Gaetos added. “In the meantime, we are losing our rights. And because CDC refuses to issue a permit and is warning clients not to dump with us, the damage is irreparable. So, we filed for a TRO which was granted as a 20-day TRO for the permit to operate.”
Gaetos said MCWMC also filed a petition for mandamus to obtain an authority to operate which may take time due to the court hearings where the damage could be irreparable.
Both CDC and BCDA have reiterated their position on the expiration of MCWMC’s 25-year contract which was valid until October 5, 2024.
Sought for comment on the matter, CDC communications division manager Astrud Aguinaldo said they are unable to provide any comments or details due to a gag order on the pending case.
– Rappler.com