West Tower residents to ask SC for writ of kalikasan vs. FPIC

Residents of the West Tower condominium in Makati City are planning to file a petition for writ of kalikasan (nature) before the Supreme Court (SC) against the owner and operator of the damaged pipeline that caused an oil leak near their residential area. Lawyer Lorna Kapunan said the condominium’s residents, backed by non-government organizations and some bishops, want to file the petition on top of a class suit against First Philippine Industrial Corp. (FPIC) to assert their rights for a healthy environment. “This is not a claim for damages. This is a claim for restitution, to restore, to rehabilitate and to cure the defects in the soil and oil pipes," she said in an interview with GMA News’ Steve Dailisan aired over “24 Oras" on Tuesday. The residents’ plan to ask the high court for a writ of kalikasan marks the first time a group of people will petition for the writ in the country ever since the SC instituted the legal remedy last April. (See: Supreme Court OK’s writ of kalikasan) The writ of kalikasan—the first of its kind in the world—is a remedial measure that may be granted by the courts, upon the request of a person or a group of people whose constitutional right to a healthy environment is violated, to compel another party to stop the alleged violation. Kapunan added that the move also aims to “compel all government agencies and private entities responsible for the damage to accept their responsibility" to address the environmental damage caused by the oil leak.
An oil leak near the Magallanes flyover in Makati was discovered earlier this year, and later determined to have been caused by holes in an FPIC pipeline carrying fuel products from Batangas to Manila. (See: FPIC pipe leak traced to 5 holes near Magallanes flyover) After the oil leak was discovered, the local government of Makati ordered residents of the condominium to temporarily leave the place. The damaged pipeline was shut down earlier this month, causing a shortage of fuel products in some gas stations in Metro Manila. (See: Closed oil pipeline causes MManila fuel shortage) West Tower condominium residents also earlier expressed intent to file a class suit against FPIC to demand for damages incurred due to the leak. (See: West Tower residents eye class suit vs FPIC for pipe leak) FPIC vows to address environmental damage The FPIC, for its part, assured the residents of the condominium that it will address whatever environmental damage that may have been caused by the pipe leak. FPIC officer-in-charge Anthony Mabasa said that the corporation has already contracted CH2M Hill, a firm from the United States, to start assessing the environmental impact and crafting a remediation program for the petroleum pipe leak. Mabasa added that FPIC officials on Tuesday presented before Makati Mayor Jejomar Binay Jr. the “general plan" to address the environmental damage caused by the oil leak. “What will happen is we will present this to the affected stakeholders to elicit their comments and after that it's for implementation. We are actually ready to implement but we just need to consult them if the approach and methodology is acceptable to them. And that could happen very, very soon," he said in a separate interview. Mabasa added that he “respects" the plan of the condominium’s residents to file the petition before the SC, and assured them that FPIC will cooperate with whatever decision will be made by the high court. “What's important is we get the agreement of all the stakeholders. The sooner we can agree on the methodology or the process, the faster we can start the remediation work," he said. The environmental damage assessment being conducted by the foreign firm could take two to three weeks, according to Mabasa. He likewise said that steps to repair the damage pipeline are currently being undertaken by the FPIC.—With Andreo C. Calonzo/JV, GMANews.TV