Atienza brings new oil depot measure to Supreme Court

MANILA, Philippines – Environment and Natural Resources Secretary Lito Atienza asked the Supreme Court (SC) yesterday to declare as unconstitutional Ordinance 8187, which reclassifies Pandacan as an industrial zone and allows the depot of the country’s three largest oil firms to remain in the area.

He named as respondents Mayor Alfredo Lim and 19 councilors who voted to pass the ordinance: 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.

Atienza alleged that they had violated the constitutional provision protecting the right of Filipinos to have a clean, healthy and safe environment when they passed the ordinance.

Atienza, himself a former Manila mayor, signed Ordinance 8027 during his term. Ordinance 8027 reclassifies portions of Pandacan and Sta. Ana from industrial to commercial zones and directs Caltex (Philippines), Inc., Petron Corp. and Pilipinas Shell Petroleum Corp., as well as other heavy industries, to move from the area.

He said the new ordinance, which superceded Ordinance 8027, was illogical and irresponsible as it supposedly “will kill residents of Manila” through toxic waste from the depot.

“Especially now that climate change has become a global issue drawing more human awareness and concern, nowhere in the world can an ill-crafted piece of legislation welcoming blatantly defined the highly-pollutive and extremely hazardous industries in a city be accepted,” Atienza said.

Atienza, joined by Manila Rep. Benny Abante and Councilors Ma. Lourdes Isip-Garcia, Joy Dawis-Asuncion, and Che Borromeo, asked the SC to issue temporary restraining order stopping the implementation of the assailed ordinance.

Although he filed the petition as a resident and former mayor of Manila, Atienza said he would take every measure as environment secretary to prevent the implementation of the ordinance.

In an earlier petition against the same ordinance filed last Monday, political group Social Justice System (SJS) said Lim had no authority to sign Ordinance 8187 because it is illegal and unconstitutional.

The SJS has been pushing for the closure of the 36-hectare depot, saying the city’s charter mandates that the city government legislate laws that would promote the general welfare and not enact measures that “expose inhabitants to serious physical danger.”

SJS successfully petitioned the SC to uphold the legality of Ordinance 8027. The High Court ruled that “based on the hierarchy of constitutionally protected rights, the right to life enjoys precedence over the right to property.”

SJS lawyer Vladimir Cabigao also argued that Lim violated the principle of separation of powers by signing Ordinance 8187, formerly known as Ordinance 7177, although the conditions upon which the SC ruling is based still exist.

“The conditions that warranted the enactment of Ordinance 8027, and which this Honorable Court upheld as a valid police power measure, have not diminished. The danger of terrorists’ attacks persists. Most certainly, even respondent would not dare assert that such danger has disappeared,” the SJS said.