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West Tower residents file petition for writ of kalikasan vs FPIC
(Update 2 - 10:57 p.m.) Residents of the West Tower condominium in Makati on Friday filed a petition for writ of kalikasan (nature) before the Supreme Court (SC) against the officials of the company which owns and operates the pipeline that caused an oil leak near their residential area. The residents, through lawyer Lorna Kapunan, filed the petition for the writ against 45 officials of the First Philippine Industrial Corp. (FPIC) before the high court at 5:37 Friday. In the 36-page petition, the residents asked the SC to direct FPIC to permanently shut down and replace the damaged pipeline. Kapunan explained that the residents wanted the pipeline to be permanently closed because it poses a “potential environmental and security threat" not only to the condominium’s occupants but also to people living in areas under which the 117-kilometer pipeline runs. “This is going to be extremely dangerous for the West Tower. This is not a question of plugging of the leaks... It has affected not just West Tower residents, but a lot of other cities and provinces as well," she told reporters after filing the petition on Friday. The residents likewise urged the high court to compel the pipeline’s operator to “rehabilitate and restore the environment" affected by the oil leak, and to open a special trust fund to answer for similar incidents in the future. “We want them [FPIC officials] to start accepting that they are wrong, and not to fool the media that there were no health and safety violations," Kapunan said. She added that the FPIC violated a number of environmental laws, including the Clean Air Act and the Clean Water Act, because of its “negligence" in operating the damaged pipeline. 
The petition was filed months after a persistent oil leak was discovered in the basement of the West Tower condominium, forcing residents of the condominium to temporarily leave the area. The FPIC sought to trace the leak to its pipeline, which carries fuel products from Batangas to Manila. Exploratory diggings were done in a section of the pipeline near the Magallanes flyover in Makati, but findings were inconclusive. Experts later determined that the oil leak was caused by holes in the pipeline in the vicinity. (See: FPIC pipe leak traced to 5 holes near Magallanes flyover) 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 a separate plan 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) Second in a week The West Tower residents’ move to file the petition marked the second time a group of people asked the SC for the writ of kalikasan ever since the high court instituted the legal remedy eight months ago. (See: Supreme Court OK’s writ of kalikasan) On Thursday, residents from Makati and Pasay cities filed the first-ever petition for the issuance of the writ against the Manila Electric Company (Meralco) for its supposedly excavating their areas to install high-tension wires. (See: First ever writ of kalikasan petition filed vs Meralco) Kapunan explained that the residents decided to petition for the writ of kalikasan because the oil leak did not only affect their area, but also nearby cities and provinces. “We filed the writ of kalikasan because under the rules of the Supreme Court, if it involves more than two cities or provinces, you cannot be expected to file complaints in all these cities and provinces. Filing complaints in all these courts is almost impossible," she said. She added that her clients petitioned for the writ because they felt that their rights to a healthy and safe environment were violated by FPIC due to the oil leak. 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. Victors, not victims Residents of the West Tower condominium who were present during the filing said they are determined to hold FPIC liable for the damage caused by the oil leak to them and their families. “This is the start of a long battle for us. We will not stop until we get justice for what was done to us in bad faith," Glecy Mendoza, one of the residents affected by the oil leak, told reporters in a separate interview on Friday. Ruby Chuauntu, West Tower Housekeeping Committee head, said she wants to hold the company accountable for the health problems caused by the oil leak to her child and her neighbors. “I have a three-year-old baby who is still coughing and has rashes. Hindi naman siya [And it's not any] allergy. Most of my friends, their kids also have these rashes," she told GMANews.TV in a separate interview. Chuauntu added that she will support all moves that will be undertaken by people affected by the pipe leak until justice is served. “Sana may mga konsensya pa sila [I hope FPIC officials still have some conscience]... We refuse to be victims. We will be victors here," she said.—JV, GMANews.TV
The petition was filed months after a persistent oil leak was discovered in the basement of the West Tower condominium, forcing residents of the condominium to temporarily leave the area. The FPIC sought to trace the leak to its pipeline, which carries fuel products from Batangas to Manila. Exploratory diggings were done in a section of the pipeline near the Magallanes flyover in Makati, but findings were inconclusive. Experts later determined that the oil leak was caused by holes in the pipeline in the vicinity. (See: FPIC pipe leak traced to 5 holes near Magallanes flyover) 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 a separate plan 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) Second in a week The West Tower residents’ move to file the petition marked the second time a group of people asked the SC for the writ of kalikasan ever since the high court instituted the legal remedy eight months ago. (See: Supreme Court OK’s writ of kalikasan) On Thursday, residents from Makati and Pasay cities filed the first-ever petition for the issuance of the writ against the Manila Electric Company (Meralco) for its supposedly excavating their areas to install high-tension wires. (See: First ever writ of kalikasan petition filed vs Meralco) Kapunan explained that the residents decided to petition for the writ of kalikasan because the oil leak did not only affect their area, but also nearby cities and provinces. “We filed the writ of kalikasan because under the rules of the Supreme Court, if it involves more than two cities or provinces, you cannot be expected to file complaints in all these cities and provinces. Filing complaints in all these courts is almost impossible," she said. She added that her clients petitioned for the writ because they felt that their rights to a healthy and safe environment were violated by FPIC due to the oil leak. 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. Victors, not victims Residents of the West Tower condominium who were present during the filing said they are determined to hold FPIC liable for the damage caused by the oil leak to them and their families. “This is the start of a long battle for us. We will not stop until we get justice for what was done to us in bad faith," Glecy Mendoza, one of the residents affected by the oil leak, told reporters in a separate interview on Friday. Ruby Chuauntu, West Tower Housekeeping Committee head, said she wants to hold the company accountable for the health problems caused by the oil leak to her child and her neighbors. “I have a three-year-old baby who is still coughing and has rashes. Hindi naman siya [And it's not any] allergy. Most of my friends, their kids also have these rashes," she told GMANews.TV in a separate interview. Chuauntu added that she will support all moves that will be undertaken by people affected by the pipe leak until justice is served. “Sana may mga konsensya pa sila [I hope FPIC officials still have some conscience]... We refuse to be victims. We will be victors here," she said.—JV, GMANews.TV 
