CA issues TRO vs. Tarlac court order over Kalangitan landfill issue

The Court of Appeals (CA) has issued a temporary restraining order (TRO) on the writ of preliminary injunction issued by a Tarlac court against the Bases Conversion and Development Authority (BCDA) and the Clark Development Corporation (CDC) over the closure of the Kalangitan landfill.

In a 14-page resolution dated December 16, the appellate court’s 10th Division granted the BCDA and CDC’s prayer for a TRO against the writ of injunction issued by the Capas Regional Trial Court (RTC) Branch 66 in October.

The CA also prohibited the judge and any other courts from further proceeding with the injunction case until it has resolved all the issues raised in the petition.

It said the TRO will last for 60 days.

When sought for comment, the Metro Clark Waste Management, operator of the Kalangitan landfill, stressed that the TRO does not authorize the CDC to forcibly take over the facility.

“No Court order exists that would permit such action, and the ongoing legal dispute regarding the status of our contract is still pending resolution by the courts,” it said.

It also said that it respects the judicial process and it remains committed to defending its rights in the appropriate legal forum.

“Above all, we remind everyone that the Philippines is a society governed by the rule of law, not by force or intimidation. It is unlawful to forcibly take possession of a property without a due process and a proper Court order,” it said.

“We call on CDC and the BCDA to uphold these principles and avoid actions that undermine legal and ethical standards,” it added.

For its part, the BCDA, which owns the property occupied by the landfill, welcomed the CA decision.

“With this development, the BCDA hopes to get a step closer towards resolving legal issues that hinder the government from pursuing sustainable, future-proof, and high-impact projects in New Clark City for the benefit of more Filipinos,” it said.

In June, the BCDA ordered the closure of the landfill as its 25-year contract with MCWM has ended. It said the contract cannot be renewed since it will violate the Build-Operate-and-Transfer Law.

It added a landfill does not fit in the government’s plan for New Clark City, which is set to be a premier investment and tourism destination.

In April, 120 local government units (LGUs) requested Environment Secretary Maria Antonia-Yulo Loyzaga to halt the closure of the facility until they find suitable alternatives.

BCDA said it will help the affected LGUs look for other landfills to replace Kalangitan.

About 2.5 million households from more than 130 cities and municipalities will be affected by the closure of the 100-hectare landfill as about 400 truck loads of trash are dumped in the site every day.

The Kalangitan landfill also receives waste from 300 clinics and hospitals in Metro Manila.—AOL, GMA Integrated News