West Tower Condominium Corp. v. First Philippine Industrial Corp., G.R. No. 194239, May 31, 2011

[G.R. No. 194239, May 31, 2011] WEST TOWER CONDOMINIUM CORPORATION, ON BEHALF OF THE RESIDENTS OF WEST TOWER CONDO., AND IN REPRESENTATION OF BARANGAY BANGKAL, AND OTHERS, INCLUDING MINORS AND GENERATIONS YET UNBORN V. FIRST PHILIPPINE INDUSTRIAL CORPORATION, FIRST GEN CORPORATION AND THEIR RESPECTIVE BOARD OF DIRECTORS AND OFFICERS, JOHN DOES AND RICHARD ROES Sirs/Mesdames: Please take notice that the Court en banc issued a Resolution dated May 31, 2011which reads as follows: "G.R. No. 194239 (West Tower Condominium Corporation, on behalf of the Residents of West Tower Condo., and in representation of Barangay Bangkal, and others, including minors and generations yet unborn v. First Philippine Industrial Corporation, First Gen Corporation and their respective Board of Directors and Officers, John Does and Richard Roes) RESOLUTION I On November 15, 2010, petitioners filed their Petition for Issuance of a Writ ofKalikasan.[1] On November 19, 2010, Chief Justice Renato C. Corona issued a Writ of Kalikasan[2]with a Temporary Environmental Protection Order (TEPO), requiring the First Philippine Industrial Corporation (FPIC) and First Gen Corporation (FGC) to make a Verified Return within a non-extendible period of ten (10) days from receipt thereof pursuant to Section 8, Rule 7 of the Rules of Procedure for Environmental Cases. The TEPO enjoined FPIC and FGC to: (a) cease and desist from operating the pipeline until further orders; (b) check the structural integrity of The whole span of the 117-kilometer pipeline while implementing sufficient measures to prevent and avert any untoward incidents that may result from any leak of the pipeline; and (c) make a Report thereon within 60 days from receipt thereof. Consequent to the Court's issuance of the Writ of Kalikasan and the accompanying TEPO, FPIC ceased operations on both (a) the White Oil Pipeline System (WOPL System), which extends 117 kilometers from Batangas to Pandacan Terminal in Manila and transports diesel, gasoline, jet fuel and kerosene; and (b) the Black Oil Pipeline System (BOPL System), which extends 105 kilometers and transports bunker fuel from Batangas to a depot in Sucat, Parañaque City. Through a letter dated May 9, 2011, Department of Energy (DOE) Undersecretary Atty. Jose M. Layug, Jr. seeks clarification and confirmation on the coverage of the Writ of Kalikasan and the accompanying TEPO, i.e., whether they cover both the WOPL and the BOPL. It is apparent from the Petition for Issuance of a Writ of Kalikasan that what petitioners sought to stop operating is the WOPL, where the leak was found, affecting the vicinity of West Tower Condominium. Only the WOPL is covered by the Writ ofKalikasan and the TEPO. WHEREFORE, the Court hereby clarifies and confirms that what is covered by the November 19, 2010 Writ of Kalikasan and TEPO is only the WOPL System of respondent FPIC. Consequently, the FPIC can resume operation of its BOPL System. II On March 29, 2011, the Court issued a Resolution setting the conduct of an ocular inspection on April 15, 2011 of the While Oil Pipeline System (WOPL System). On April 15, 2011, the ocular inspection in the vicinity and basement of West Tower Condominium was conducted in the presence of counsels of the parties, officers of respondent First Philippine Industrial Corporation (FP1C), and residents of petitioner West Tower Condominium, among others. As required by the Court, representatives of the University of the Philippines-National Institute of Geological Sciences (UPNIGS) and the UP Institute of Civil Engineering attended the ocular inspection. After the ocular inspection, the Court asked the representatives of UP-N1GS and the UP Institute of Civil Engineering for their opinions and recommendations through a

report, among others, on (1) the issue of whether to grant FPIC's urgent motion to temporarily lift the Temporary Environmental Protection Order for a period of not more than 48 hours in order to conduct pressure controlled leak tests to check the structural integrity of the WOPL which entails running a scraper pig to eliminate air gaps within the pipeline prior to the conduct of said test, as recommended by the international technical consultant of the Department of Energy; and (2) testing procedures that may be used by the FPIC regarding the maintenance and checking of the structural integrity of the WOPL. On May 10, 2011, the UP Institute of Civil Engineering sent a letter to the Court asking pertinent documents from FPIC relative to testing protocols undertaken by FPIC and other proposals, and that it be given one week within which to file its report after receipt of the documents. WHEREFORE, finding the request of the UP Institute of Civil Engineering to be meritorious, FPIC is hereby DIRECTED to submit documents regarding testing protocols it has undertaken to check for leaks and the structural integrity of the WOPL, the results thereof and other related proposals it has committed to undertake to the UP Institute of: Civil Engineering within five (5) days from notice. The UP Institute of Civil Engineering is granted one (1) week from receipt of the requested documents from FPIC within which to file its report. The Court further Resolved to (a) NOTE the Manifestation with Motion dated April 14, 2011 filed by counsel for petitioners, relative to the resolution of March 29, 2011; (b) NOTE the Letter (Report) dated April 21, 2011 of Dr. Carlo A. Arcilla, Director, National Institute of Geological Sciences, College of Science University of the Philippines, Diliman, Quezon City, in compliance with the resolution of March 29, 2011; and (c) NOTE the Letter dated May 24, 2011 of Atty. Justin Christopher C. Mendoza of Poblador Bautista & Reyes Law Offices, counsel for First Philippine Industrial Corporation, and GRANT his request for a copy of Dr. Carlo Arcilla's April 21, 2011 Report filed in compliance with the resolution of March 29, 2011."