SC orders inspection of FPIC pipeline to check 'new holes'

The Supreme Court on Thursday ordered West Tower Condominium and First Philippine Industrial Corp. (FPIC) to conduct a joint ocular inspection of the leaking oil pipeline near the condominium in Makati City. The court, through Associate Justice Presbitero Velasco Jr., gave the order during the preliminary conference on writ of kalikasan (environment) petition filed by West Tower residents against the Lopez-owned FPIC, the pipeline’s operator. “We are alarmed that there are two other sources of leaks," said Velasco in issuing the order. The directive stemmed from West Tower president Roberto Dimayuga’s presentation claiming that the new holes have been causing oil spillage at the condominium’s four-level basement. He said these holes are separate from the five holes that FPIC claimed it had already plugged. Dimayuga’s claim was supported by West Tower resident’s lawyer Lorna Kapunan. “The question is, are these new holes? Yes, and there will be more holes in the future," she said. Velasco said before it allows FPIC to examine the structural integrity of the pipeline, there must be an inspection first to determine the alleged existence of the two holes. “There’s a specific allegation here that there are two other sources of leaks. Is there a factual basis for this? Can you set an inspection to determine whether [Dimayuga’s] statements are true or not?" Velasco told FPIC and West Tower officials. Kapunan and FPIC’s counsel, Mario Bautista, agreed to heed Velasco’s order. They also agreed that third-party representatives from the University of the Philippines’ Department of Civil Engineering and National Institute of Geological Sciences (UP-NIGS) will join the inspection. Velasco said after the Supreme Court’s en banc (full court) session next Tuesday, the high tribunal will issue the resolution ordering the inspection. “We just want to be sure of the situation on the ground. Next Tuesday, we’ll issue the resolution. But I suggest that the parties should already make the arrangements for the inspection," he said. Pipeline ops stopped FPIC temporarily shut down the 117-kilometer pipeline in November last year after the SC issued its first ever writ of kalikasan and temporary environmental protection order (TEPO) requested by West Tower residents. The SC also ordered FPIC to examine the pipeline’s structural integrity. But in its return to the high court, FPIC said that the SC must first lift the TEPO before it examines the entire stretch of the pipeline. It said part of the examination involves running gasoline along the pipeline. During Thursday’s preliminary conference, it was revealed that as early as Feb. 1, 2011, Velasco had granted FPIC’s prayer to lift the TEPO for only 48 hours. But after West Tower alleged that there were two new holes, Velasco changed his mind and said that the TEPO cannot be lifted yet because the safety of the West Tower residents may be compromised. It was then that he ordered the joint ocular inspection by West Tower and FPIC. “If the fuel runs, it may affect the safety of the people there. If the two of you agree, you can set an inspection. This is important to us before we issue the resolution enabling you [FPIC] to conduct the test," he said. “We are inclined to grant [FPIC's prayer] because these tests have to be conducted. But these allegations [of two new holes] are important. You must do some repairs before we allow you to test the pipeline," added Velasco. The magistrate further said: “We don't want to be blamed if we lift the TEPO and then something happens." Case to be remanded to CA Velasco said he was keen on remanding the case to the Court of Appeals because the Supreme Court is set to adjourn after its summer sessions in Baguio next week. “We may have to consider remanding this to the Court of Appeals so the appellate court may conduct the hearings. Under the Rules of Procedure for Environmental Cases, we only have 60 days for this, so it is important that we decide this case in the earliest possible time," he said. He said they will recommend to the en banc that the CA continue the preliminary conference “because we (SC justices) will go on a break after the summer sessions." “So we might not have the time. We would have wanted to proceed but time is not on our side," he added. He then told West Tower, FPIC and the other respondents to the case to file their pleadings and witnesses’ affidavits before the CA. P2.2-billion damage suit Also on Thursday, Kapunan disclosed that the residents filed with the Makati Regional Trial Court a P2.2-billion damage suit against FPIC, its officers and directors, First Gen Corp., Pilipinas Shell Petroleum Corp., and Chevron Philippines Inc. In a statement, West Tower said the suit stemmed from the “suffering and misery inflicted upon the residents since the unfortunate oil spillage from FPIC's pipeline." “West Tower residents are now homeless. Some are forced to live in their cars or offices, or with their relatives and friends. Now that FPIC has taken over, the fuel-infused water in West Tower's basements have fully flooded its third and fourth basements," a portion of the statement read. - KBK/MRT, GMA News