Metro Clark: Landfill contract not expiring
CLARK FREEPORT — The Metro Clark Waste Management Corporation (MCWMC) yesterday clarified that their lease agreement for the 100-hectare property, where the Kalangitan Sanitary Landfill in Capas, Tarlac is situated, will not expire in October 2024.
The clarification was made to address the claim of Bases Conversion and Development Authority (BCDA) that their 25-year partnership with MCWMC is expiring this year.
Vicky Gaetos, Executive Vice-President of MCWMC, explained that their contract with Clark Development Corporation (CDC), the implementing arm and subsidiary of BCDA, has two components which include a lease and a service contract.
She said the service contract pertains to MCWMC’s exclusive right to provide waste management services to locators inside Clark Special Economic Zone.
She added the lease contract grant MCWMC the right to use the 100-hectare property for an integrated waste management center.
Gaetos cited Republic Act 7652 or the Investors Lease Act and Executive Order 429, which allow foreign investors long-term lease of land of up to a maximum period of 75 years.
“It is important to note that only the exclusivity clause is set to expire in October 2024. Our lease for the 100-hectare property itself, however, is not expiring because pursuant to the provisions of R.A. 7652 or the "Investors' Lease Act" and E.O. 429 Series of 1997, we are granted a lease period not exceeding 50 years that is renewable once for another 25 years,” Gaetos said.
To clarify the issue on the looming garbage crisis, the MCWMC executives said they sought judicial intervention by filing a case for Reformation of Instrument before the Regional Trial Court in Angeles City on June 11, 2024.
“As they have not been responsive to our request for years, we have filed for Reformation of Instrument, so that the contract accurately reflect the intention of the parties, and Fixing of Period, so the court can determine what is the correct period for the Lease”, Gaetos said.
“We are supported by law”, she added.
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