SC sets hearing for West Tower residents' writ of kalikasan plea

The Supreme Court (SC) has set the preliminary conference and hearing for the writ of kalikasan petition filed by residents of Makati City's West Tower Condominium which was shut down last year because of a leaking leaking oil pipeline nearby. In a resolution issued on February 15 this year, the SC en banc (full court) said the hearing will be held on March 24, 2011 and will be presided over by Associate Justice Presbitero Velasco Jr. The resolution said the preliminary conference and hearing will be held "to define, simplify, and clarify the issues and to take up other matters to aid this court in prompt disposition of the instant case." In November last year, the SC, after giving weight to the petition of the West Tower residents, issued its very first writ of kalikasan (environment) against the Lopez-owned First Philippine Industrial Corp. (FPIC), operator of the pipeline. The SC also issued its first temporary environmental protection order (TEPO) mandating FPIC to stop operating the pipeline temporarily. The issuance of the writ merely indicates that the court has recognized the residents' petition. It is different from the "privilege of the writ," which is granted by the court if it finds merit in the West Tower residents' petition in its subsequent proceedings. The 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. Purpose of a preliminary conference Under Rule 3 of the Rules of Procedure for Environmental Cases — which govern court proceedings on the writ of kalikasan — a preliminary conference serves the following purposes, among others: