Senate panels want FPIC to pay affected fuel leak victims

(Updated 4:21 p.m.) Two Senate committees have recommended that the First Philippine Industrial Corporation (FPIC) "appropriately" compensate the Makati residents who were affected by the pipeline leak at the West Tower Condominium in Makati City. "It is but proper that the residents of West Tower Codominium and adjoining areas in Brgy. Bangkal, Makati City be appropriately compensated, in accordance with law and equity, for the damages they sustained," the Senate committees on environment and natural resources and health and demography said in a 25-page committee report obtained by GMA News Online. The Senate committees explained that the residents of West Tower were "unceremoniously displaced" and were contsrained to search for temporary shelter at their own expense. It likewise said that the condominium residents, along with others in the community, were exposed to safety risks and health hazards posed by fuel contamination and inhalation of gas substances. "(They) were constrained to expend for unexpected medical services as a consequence of the above-mentioned health hazards," it said. As of posting time, GMA News Online was still reaching FPIC for its comments. But in November last year, FPIC officer-in-charge Anthony Mabasa had already issued an apology to the people affected by the pipeline leak. He likewise assured the public that even though "ultimate liability" has yet been established, they are doing whatever they can to "compensate fairly" those affected and clean up any environmental contamination that the leakage may have caused. No estimate In a press conference later in the day, Senator Juan Miguel Zubiri, chairman of the Senate environment committee, refrained from estimating how much the FPIC should pay the residents of Makati affected by the leak. "Personally I do not know what their agreement is with FPIC, I would leave that to them. I am not in a position or the committee is in a position to say how much should be given to each family," Zubiri said during a weekly forum at the Senate. "Mahirap magbigay ng estimate kasi pag mababa magagalit ang West Tower at pag mataas magagalit ang FPIC (It's hard to give an estimate because if it's too low, the West Tower residents might get mad. If it's too high, FPIC might get mad)," he added. He likewise said that the West Tower residents have already filed a case before the courts regarding damages caused by the pipeline company. "That’s for them (the court) to decide," he said. Pressed if he really wants FPIC to compensate the affected residents, Zubiri replied: "Yes of course. FPIC, as being the owner and contractor of the pipeline, should be liable for the leak and the renumeration of the residents of the area." Volney Ricafort, a unit owner at West Tower, welcomed the recommendations contained in the Senate report. "We're happy with the results of the committee report," he said in an interview after Zubiri's briefing. He likewise said that they had already filed a P2-billion lawsuit against FPIC. He said that P1 billion will be used to buy out the West Tower condominium while the money left for other expenses, like payment for the health bills of affected residents. "We have started with the civil case.. it is up to our lawyers to go to the criminal aspect," he said. There were around 80 families who used to live in West Tower, he said. Violations The report said "appropriate action" must also be undertaken by concerned agencies because the FPIC pipeline leak "occasioned possible" violations of Republic Act 8749 or the Clean Air Act of 1999 and Republic Act 9275 or the Clean Water Act of 2004. "The committees are convinced that there exists, in all probability, clear contraventions of pertinent provisions of RA 8749. The fuel leak... caused the emission of noxious gas substancees into the environment. The inhalation of the same by the residents of the affected areas poses a threat to the health in violation of their protected and recognized right to breathe clean air," it said. "The committees are similarly convinced that there exists, in all probability, clear contraventions of pertinent provisions of RA 9725. Laboratory analysis of effluents conducted by the Environmental Management Bureau confirm the presence of effluents, in alarming levels, caused by the seepage of fuel substances in the soil of the affected areas," it added. The panel said FPIC must therefore present a detailed and specific clean-up plan that must contain a definitive statement as to the steps and strategies to be taken which must be strictly followed and observed. It added that the company should shoulder the expenses for the clean-up operations and reimburse the West Tower management for conducting the same. Other recommendations The Senate committees likewise said there is an "imperative need" to inspect the whole stretch of the the 117-kilometer pipeline. The FPIC pipeline transports 60 percent of Metro Manila’s crude and refined petroleum needs from refineries in Batangas. Among the oil companies that use it to transport oil products are Royal Dutch Shell Plc and Chevron Corp.’s Caltex unit. The report also said that there is a need to craft a legislation which will regulate oil and gas pipelines. — RSJ, GMA News