CLARK FREEPORT, Philippines – The Metro Clark Waste Management Corporation (MCWMC), on September 9, filed graft and administrative complaints against the executives of the Bases Conversion and Development Authority (BCDA), Clark Development Corporation (CDC), and Department of Natural and Environmental Resources (DENR) over the closure of the 100-hectare Kalangitan sanitary landfill in Capas, Tarlac in October.

The complaint was filed on September 9 before the Office of the Ombudsman for alleged violation of Republic Act (RA) 3019 or the “Anti-Graft and Practices Act” and RA 6713 or the “Code of Conduct and Ethical Standards for Public Officials and Employees,” as well as grave misconduct and conduct prejudicial to the best interest of the service against BCDA’s chairperson Delfin Lorenzana, president and chief executive officer Joshua Bingcang, officer-in-charge Gizela Kalalo, CDC president and CEO Agnes Devanadera, and DENR director Jacqueline Caancan.

Rappler reached out to both BCDA’s public affairs department and CDC’s communication division. However, they declined to comment and said they have yet to receive a copy of the case.

Based on the complaint, the case stemmed from the decision not to renew the lease contract for MCWMC’s Kalangitan landfill. The 50-year lease, which could have been extended for another 25 years or until 2049 under the Investors’ Lease Act and Executive Order No. 429, series of 1997, was instead cut short to October 2024.

MCWMC also claimed that BCDA and CDC have allegedly started to send armed men to harass and threaten their employees based on a reported incident last July 9.

MCWMC, in a statement on September 12, said that they sought the Ombudsman to issue a preventive suspension order against Lorenzana, Bincang, Kalalo, Devanadera, and Caancan to prevent tampering or destruction of relevant documents in their possession and to protect witnesses willing to support the graft cases against the officials.

MCWMC said BCDA and CDC allegedly sent letters and public notices to DENR informing of the impending closure of the sanitary landfill. 

The complaint stated that BCDA was also allegedly favoring at least 10 waste management companies to undertake the waste management and disposal of more than 150 local government units (LGUs) without any public bidding.

“Their direct communication to inform the LGUs of their chosen waste management companies had induced DENR director Caancan to actually choose and recommend to the affected LGUs, without any public bidding, the 10 waste management companies to undertake the LGUs’ waste disposal and management which are currently being undertaken by MCWMC,” said MCWMC representative Victor Osias Hontiveros.

“The respondents from BCDA, CDC, and DENR, took undue advantage of their official positions, cooperated, conspired and confederated with one another to cause undue injury to MCWMC and the government,” Hontiveros added.

In a letter dated April 30, BCDA announced the closure of the Kalangitan sanitary landfill. Bincang said they were focused on rehabilitating, developing, and enhancing the economic value of the 100-hectare area that Is “potentially encroaching” on the expansion areas of the adjacent developable lands.

On June 3, both BCDA and CDC released a statement announcing their inability to extend or renew the contract with MCWMC due to “contractual limitations and planned development initiatives by BCDA for New Clark City.”

Bincang said they will assist LGUs, government agencies, and locators to explore alternative solutions for the affected waste disposal requirements of the stakeholders to ensure “non-disruption” of solid waste management services. –Rappler.com