BCDA welcomes dismissal of MCWMC’s complaint

Manila: The Bases Conversion and Development Authority (BCDA) welcomed the dismissal of Metro Clark Waste Management Corp.'s (MCWMC) complaint against the BCDA and Clark Development Corp. (CDC) on the Kalangitan sanitary landfill. In a statement on Wednesday, the BCDA said the Regional Trial Court Branch 114 in Angeles City dismissed the complaint seeking to include an automatic renewal clause to the 25-year contract for services over the 100-hectare Kalangitan sanitary landfill in Capas, Tarlac between MCWMC and CDC. In a 30-page decision issued by Presiding Judge Rodrigo Del Rosario on Oct. 21, 2024, the court dismissed MCWMC's complaint against CDC and BCDA 'with prejudice on the grounds of failure to state cause of action, prescription, and willful and deliberate forum shopping.' The BCDA said the decision validates their position that the contract which expired on Oct. 5, 2024, cannot be renewed or extended. According to the BCDA, the trial court also ruled that MCWMC willfully and deliberately commi tted forum shopping when they instituted an injunction case with the RTC of Capas, given that the parties are the same, causes of action are the same, and the reliefs sought are the same. As stated in the contract, CDC and MCWMC agreed upon the court of Angeles City as the venue of action in case of litigation. The BCDA said the trial court also directed MCWMC and its counsel to show cause within 10 calendar days from the receipt of the order to explain why it should not be cited in direct contempt for forum shopping. "In view of the Angeles City RTC's decision, CDC and BCDA will continue to work with the Department of Environment and Natural Resources-Environmental Management Bureau, the Department of (the) Interior and Local Government, and the local government units (LGUs) to ensure the non-disruption of solid waste management services in concerned areas," the BCDA said. "Rest assured that the BCDA and CDC are committed to ensuring compliance with the law, and protecting the interest of the government and the public." Source: Philippines News Agency