FPIC pipeline ops stopped as SC issues writ of kalikasan

UPDATE 2 - 8:19 p.m. - Recognizing the environmental hazards posed by the oil pipeline leak in Makati City, the Supreme Court issued its first ever writ of kalikasan (environment) against the First Philippine Industrial Corp. (FPIC). Acting on the petition filed by West Tower residents, the court also issued on Friday its very first temporary environmental protection order (TEPO) mandating FPIC to stop operating the pipeline. "Whereas, the petition appears to be sufficient in form and substance... the Court finds it necesary and proper to issue a writ of kalikasan and temporary environmental protection order," said the court en banc (full court). "You, respondents, your agents representatives, or persons acting in your place or stead, are hereby ordered, effective immediately.... to cease and desist from operating the pipeline until further orders of the court," it added. The court also ordered the FPIC to "check the structural integrity of the whole span of the 117-kilometer pipeline, and in the process, to apply and implement sufficient measures to prevent and avert any untoward incidents such as fire, explosion or other destructive effects that may result from any leak in the pipeline." The court also ordered the FPIC and the other respondents — First Gen Corporation and their respective board of directors and officers — to file within a non-extendable period of 10 days a "verified return" (or response) to the court's move.
Oil has leaked since July this year from the Batangas-Manila fuel pipeline of FPIC into the basement of the West Tower condominium in Makati City. On November 8, excavation crews found at least five small holes believed to be the cause of an oil leak at West Tower near the Magallanes flyover in Makati City. In an interview with radio dzBB on that day, Officer-in-charge Anthony Mabasa said the five holes near Magallanes Interchange may have been due to accelerated metal fatigue. Writ of Kalikasan The "Writ of Kalikasan" merely indicates that the court has recognized the residents' petition. It is different from the "privilege of the writ" granted by the court if it finds merit in their petition in its subsequent proceedings. "If the petition is found to be meritorious, the privilege of the writ might be granted. There might be permanent closure of the pipeline," said SC spokesman and administrator Jose Midas Marquez. The temporary environmental protection order (TEPO) is one of the remedies provided by the landmark writ of kalikasan, promulgated by the Supreme Court only in April 2010. The writ of kalikasan is the first of its kind in the world. It is a remedial measure that may be granted by the courts upon the request of a person or a group whose constitutional right to a healthy environment is violated. The writ compels another party to stop the alleged violation. The writ of kalikasan's Rules of Procedure covers civil and criminal proceedings arising from violations of environmental laws. FPIC: We respect court order In a statement aired over GMA News' "24-Oras" on Friday evening, the FPIC said that it respects the order of the high court. "This latest development, however, will not prevent us from keeping with our commitment to make sure public security and safety are upheld," the statement said. "This will also give us the opportunity to concentrate on our current efforts to conduct cleanup operations at the West Tower condominium and other affected areas of Brgy. Bangkal in Makati," the FPIC added. West Tower vs FPIC, et al. West Tower residents said the FPIC, a Lopez-owned company, violated a number of environmental laws, including the Clean Air Act and the Clean Water Act, because of its alleged “negligence" in operating the pipeline. Through their lawyer Lorna Kapunan, West Tower residents said the pipeline must be permanently closed. The residents alleged that a “potential environmental and security threat" not only to the condominium’s occupants but also to the people living in areas along the 117-kilometer stretch of the 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. The damaged pipeline was shut down earlier this month, causing a shortage of fuel products in some gas stations in Metro Manila. West Tower condominium residents also earlier expressed a separate plan to file a class suit against FPIC to demand compensation for damages incurred due to the leak. – LBG/VVP/JV, GMANews.TV