Tarlac court did not authorize MCWMC to operate Capas landfill

In this era of rapid information dissemination, where the internet grows exponentially, it is imperative for writers to ensure the accuracy and responsibility of the information they share.

Misinformation can lead to serious, untold consequences, including public confusion, erosion of trust, and potential legal ramifications. Therefore, it is crucial to emphasize the importance of educating your readers with precise and reliable information.

We are writing to address the article “Tarlac court blocks Clark body from taking over Capas landfill,” published on Oct. 31, 2024. The article may have caused significant confusion regarding the court’s decision involving Metro Clark Waste Management Corp. (MCWMC). Specifically, the subheading in the Inquirer print edition stating, “An RTC injunction allows the facility, which services over a hundred localities in Luzon and Clark economic zone locators, to stay open,” needs rectification. While the injunction prevents any attempts by CDC and BCDA to forcibly take over the Kalangitan Sanitary Landfill, it is nowhere in the court order that MCWMC is authorized to stay open.

The court’s ruling was about preventing the Clark Development Corp. (CDC) and the Bases Conversion and Development Authority (BCDA) from forcibly taking over the Kalangitan landfill. However, it is crucial to unequivocally state that the court did not grant MCWMC any authority to operate the landfill. The regulatory power to authorize operations resides solely with the CDC. Without the necessary Authority to Operate (ATO) issued by the CDC, MCWMC is categorically prohibited from conducting any operations.

Morever, MCWMC’s 25-year Build-Operate-Transfer Contract for Services and the Authority to Operate expired on Oct. 6, 2024. As part of its regulatory duties, on Oct. 25, 2024, CDC issued a cease and desist order (CDO) and notified the landfill operator, MCWMC, to peacefully vacate and return the property to the government. However, MCWMC refused to accept these documents. The CDC’s CDO specifically ordered MCWMC to cease all operations at the landfill and to process its clearance for obtaining a Bring-Out Permit for its movable properties.

Clark is a special economic zone and a unique customs territory with its own regulatory frameworks and operational standards. The recent regulatory move by the CDC aligns with its mandate to oversee and regulate enterprises within the Clark Freeport and Special Economic Zones. This mandate is supported by several key legislative and executive instruments, including Republic Act No. 7227, as amended, which provides the legal foundation for the establishment and governance of special economic zones in the Philippines. Additionally, Executive Order No. 80, series of 1993, and Presidential Decree No. 66 outline the operational guidelines and regulatory frameworks that govern these zones.

On Oct. 21, 2024, the Angeles City Regional Trial Court dismissed with prejudice a case that MCWMC had filed against the CDC and the Bases Conversion and Development Authority. The court found the case, which sought reformation of instrument, fixing of period, specific performance, and damages, to lack merit.

We urgently call on your publication to correct any misconceptions and provide your readers with accurate information regarding this matter. It is vital to uphold the integrity of information and ensure that the public is well-informed.

ASTRUD Q. AGUINALDO, communications division manager, Clark Freeport Philippines