WEST TOWER CONDO V.

FPIC

On November 15, 2010, petitioners filed their Petition for Issuance of a Writ of Kalikasan. On November
19, 2010, Chief Justice Renato C. Corona issued a Writ of Kalikasan 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, Paraaque 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 of Kalikasan 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.