MANILA - (UPDATE2, 6:08PM) The Supreme Court on Tuesday ordered the relocation of the oil depot in Pandacan, where three major petroleum companies store their products, thus ending a protracted battle of ordinances enacted during two different city administrations. The incumbent mayor, Joseph Estrada, said he would promptly enforce it; and former mayor Lito Atienza hailed the ruling.
In an en banc ruling, the High Tribunal voted 10-2 to declare as unconstitutional Manila City Ordinance No. 8187 passed during the term of then Mayor Alfredo Lim, allowing the continued stay of the oil depot - used by Petron, Chevron and Shell - in the congested, predominantly commercial-residential area.
Ordinance 8187 had been passed by the City Council in Lim's time to reverse an earlier Ordinance, Number 8027, passed during the term of Mayor Atienza, which reclassified the Pandacan area from industrial to commercial for environmental, public safety and health reasons, and thus made it imperative to relocate the oil depot out of the city.
In ruling on two petitions - GR 187836 filed by Social Justice Society officers Samson Alcantara and Vladimir Cabigao, against Mayor Lim; and GR 187916 filed by Atienza against Lim - the SC granted the petitioners' request to strike down against Ordinance 8187, which, the court had declared earlier, never had the effect of superseding Ordinance 8027.
The latter was a valid exercise of police power, the Court had held in an earlier decision, because it had: (1) a lawful subject – “to safeguard the rights to life, liberty, security and safety of all the inhabitants of Manila” – and (2) a lawful method – “the enactment of Ordinance No. 8027 reclassifying the land use from industrial to commercial, which effectively ends the continued stay of the oil depots in Pandacan."
In Tuesday's decision, the SC adopted its reasoning in that earlier ruling in GR 156052 in sustaining Ordinance No. 8027. It said the continued stay of the oil depots placed the residents of Manila in danger of being a terrorist target.
The Court, in the present case, stated that it was “the removal of the danger to life not the mere subdual of risk of catastrophe, that we saw in and made us favor Ordinance No. 8027. That reason, unaffected by Ordinance No. 8187, compels the affirmance of our Decision in G.R. No. 156052.”
Also on Tuesday, SC Spokesperson, Atty. Theodore Te, said in a press briefing that the high court had directed "the incumbent mayor of the City of Manila [Joseph Estrada] . . . . to cease and desist from enforcing Ordinance No. 8187. In coordination with the appropriate government agencies and the parties hereto involved, he is further ordered to oversee the relocation and transfer of the oil terminals out of the Pandacan area."
The High Tribunal also directed the three oil companies to submit to the Manila City Regional Trial Court Branch 39 a “"comprehensive plan and relocation schedule” within 45 days.
Likewise, it directed that the “relocation shall be completed not later than six months from the date the required documents were submitted.”
The SC also directed the RTC Branch 39 Judge to monitor the strict enforcement of its ruling.
Ordinance 8187 had been passed by the City Council in Lim's time to reverse an earlier Ordinance, Number 8027, passed during the term of Mayor Atienza, which reclassified the Pandacan area from industrial to commercial for environmental, public safety and health reasons, and thus made it imperative to relocate the oil depot out of the city.
In ruling on two petitions - GR 187836 filed by Social Justice Society officers Samson Alcantara and Vladimir Cabigao, against Mayor Lim; and GR 187916 filed by Atienza against Lim - the SC granted the petitioners' request to strike down against Ordinance 8187, which, the court had declared earlier, never had the effect of superseding Ordinance 8027.
The latter was a valid exercise of police power, the Court had held in an earlier decision, because it had: (1) a lawful subject – “to safeguard the rights to life, liberty, security and safety of all the inhabitants of Manila” – and (2) a lawful method – “the enactment of Ordinance No. 8027 reclassifying the land use from industrial to commercial, which effectively ends the continued stay of the oil depots in Pandacan."
In Tuesday's decision, the SC adopted its reasoning in that earlier ruling in GR 156052 in sustaining Ordinance No. 8027. It said the continued stay of the oil depots placed the residents of Manila in danger of being a terrorist target.
The Court, in the present case, stated that it was “the removal of the danger to life not the mere subdual of risk of catastrophe, that we saw in and made us favor Ordinance No. 8027. That reason, unaffected by Ordinance No. 8187, compels the affirmance of our Decision in G.R. No. 156052.”
Also on Tuesday, SC Spokesperson, Atty. Theodore Te, said in a press briefing that the high court had directed "the incumbent mayor of the City of Manila [Joseph Estrada] . . . . to cease and desist from enforcing Ordinance No. 8187. In coordination with the appropriate government agencies and the parties hereto involved, he is further ordered to oversee the relocation and transfer of the oil terminals out of the Pandacan area."
The High Tribunal also directed the three oil companies to submit to the Manila City Regional Trial Court Branch 39 a “"comprehensive plan and relocation schedule” within 45 days.
Likewise, it directed that the “relocation shall be completed not later than six months from the date the required documents were submitted.”
The SC also directed the RTC Branch 39 Judge to monitor the strict enforcement of its ruling.
Mayor Erap 'happy' to comply with SC order
Former President now Manila Mayor Joseph “Erap” Estrada hailed the Supreme Court decision, saying it was always his position that the oil depot should leave Pandacan.
“I have given them until January to leave but now it can be earlier,” Mayor Estrada said.
The former chief executive said that the Pandacan oil depot continues to endanger the lives of the residents living beside and around it, adding this was what prompted the City Council to pass an ordinance ordering their relocation in the first place.
“Nothing is more important than the lives of our people,” Estrada said.
Former President now Manila Mayor Joseph “Erap” Estrada hailed the Supreme Court decision, saying it was always his position that the oil depot should leave Pandacan.
“I have given them until January to leave but now it can be earlier,” Mayor Estrada said.
The former chief executive said that the Pandacan oil depot continues to endanger the lives of the residents living beside and around it, adding this was what prompted the City Council to pass an ordinance ordering their relocation in the first place.
“Nothing is more important than the lives of our people,” Estrada said.
Ex-mayor Atienza cheers ruling
Former three-term mayor, now Buhay partylist Rep. Lito Atienza, welcomed the ruling and praised the SC's “unwavering support of constitutional issues included in ordinance making.”
Atienza said in a statement, “We are very happy that the Supreme Court saw this through, ensuring the protection of thousands of lives and property and upholding the legality and good intentions of our Ordinance 8027.”
Atienza initiated moves to relocate the oil depot after the September 11, 2001 terrorist attacks in America, citing the "imminent danger of being a possible terror target." At that time, there were projections that an attack on the oil depot could spark a conflagration engulfing a huge chunk of Pandacan and the adjoining Paco and Sta. Ana areas, all crowded residential zones. With Ernie Reyes and Lira Dalangin-Fernandez, InterAksyon.com
Atienza said in a statement, “We are very happy that the Supreme Court saw this through, ensuring the protection of thousands of lives and property and upholding the legality and good intentions of our Ordinance 8027.”
Atienza initiated moves to relocate the oil depot after the September 11, 2001 terrorist attacks in America, citing the "imminent danger of being a possible terror target." At that time, there were projections that an attack on the oil depot could spark a conflagration engulfing a huge chunk of Pandacan and the adjoining Paco and Sta. Ana areas, all crowded residential zones. With Ernie Reyes and Lira Dalangin-Fernandez, InterAksyon.com
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