06/10/2009 [ tribune.net.ph ]
The Supreme Court (SC) yesterday put off handing down a temporary restraining order (TRO) to stop the implementation of Manila City Ordinance 8187 which allows the country’s major oil firms to stay at the Pandacan oil depot.
Spokesman Jose Midas Marquez said the SC en banc did not see the urgency to immediately enjoin the Manila City government from enforcing Ordinance 8187, the new ordinance, following its en banc session yesterday where they deliberated on the two petitions filed by the Social Justice System (SJS) and Department of Environment and Natural Resources (DENR) Secretary Lito Atienza.
“Both cases are now consolidated and the court has decided to seek the comment of the respondent,” Marquez said.
Marquez pointed out the SC gave respondent Manila Mayor Alfredo Lim to justify the implementation of the ordinance in light of the court’s previous order for Caltex (Philippines) Inc., Petron Corp. and Pilipinas Shell Petroleum Corp. to vacate Pandacan.
In its petition, the SJS, represented by its officer-lawyers Samson Alcantara and Vladimir Alarique Cabigao, insisted Lim has no authority to enforce Ordinance 8187 entitled “An Ordinance Amending Ordinance 8119,” otherwise known as “The Comprehensive Land Use and Zoning Ordinance of 2006” because it is illegal and unconstitutional.
It noted the ordinance is illegal as it violates Article III, Section 8 of the Revised Manila Charter which mandates the city government to legislate laws that would promote the general welfare and not to enact measures that “expose inhabitants to serious physical danger.”
Lim signed last week Ordinance 8187 which reclassifies Pandacan as an industrial zone, thus allowing the three major oil firms to maintain their oil depots in the 36-hectare area. The ordinance paves the way for the creation of Medium Industrial Zone (1-2) and Heavy Industrial Zone (1-3).
Atienza together with Manila 6th District Rep. Benny Abante and Councilors Ma. Lourdez “Bonjay” Isip-Garcia, Joy Dawis-Asuncion and Che Borromeo stressed in a separate petition that the ordinance violates constitutional provision protecting the right of Filipinos to have a clean, healthy and safe environment.
Aside from Lim, Atienza also named 19 councilors who voted to pass the ordinance, namely, Arlene Koa, Jesus Fajardo, Mon Yupangco, Josie Siscar, Roderick Valbuena, Lou Veloso, Dennis Lacuna, Philip Lacuna, Ian Nieva, Moises Lim, Ernesto Dionisio Jr., Rolando Valeriano, Carlo Lopez, Ernesto Isip Jr., John Marvin “Yul Servo” Nieto, Edward Maceda, Vic Melendez, Honey Lacuna-Pangan and Louie Chua.
He alleged they violated the constitutional provision protecting the right of Filipinos to have a clean, healthy and safe environment when they passed the ordinance.
The former mayor who passed the earlier ordinance ordering the relocation of the oil depot said the new ordinance was illogical and irresponsible as it supposedly “will kill residents of Manila” through toxic wastes from the depot.
The SC, in its March 7, 2007 decision, affirmed the validity of Ordinance 8027 and granted the petition for mandamus filed by SJS and several Manila residents seeking to compel Manila city officials to implement the ordinance.
Ordinance 8027 reclassifies portions of the Manila districts of Pandacan and Sta. Ana from industrial to commercial and directs certain business owners and operators, including Caltex (Philippines) Inc., Petron Corp. and Pilipinas Shell Petroleum Corp. to cease from operating their businesses.
The SC held the objective of the ordinance “is to protect the residents of Manila from the catastrophic devastation that will surely occur in case of a terrorist attack on the Pandacan terminals.” Benjamin B. Pulta
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