SC sets preliminary conference on Writ of Kalikasan vs.

FPIC on March 24 March 8, 2011 2:05 am MANILA, March 7 The Supreme Court has set on March 24 a preliminary conference on the petition filed by the residents of West Tower Condominium in Makati City against the First Philippine Industrial Corp. (FPIC) in connection with the leakage of its oil pipeline in the area last year. Hardest hit by the leakage were the residents of West Tower Condominium in Barangay Bangcal, Makati City who complained of dizziness and difficulty in breathing because of the "foul odor" emanating from the leak. The FPIC pipeline halted its operations on October 28, 2010 and has not been commissioned since then. It connects the oil depots in Pandacan, Manila to the Batangas port and traverses the cities of Makati, Muntinlupa and Pasay. On November 19, 2010, the SC handed down its landmark Writ of Kalikasan or temporary environmental protection order (TEPO) against FPIC after a leak in the pipeline was discovered. The FPIC filed its motion for reconsideration (MR) on December 2, 2010 on the SC's decision stopping the operation of its 117-kilometer petroleum supply pipeline. The said pipeline supplies about 60 percent of the fuel consumption of Metro Manila and nearby provinces. The FPIC is one of the business outfits of the Lopez Group of Companies. In a 32-page MR, the FPIC said that it has exercised the "required reasonable diligence to secure the safety of the pipelines and reduce all environmental degradation risks to the minimum." The FPIC told the SC that immediately after they knew of the isolated leaking incident, they immediately took the necessary action to mitigate it. "FPIC immediately undertook the necessary measures with the required due diligence to locate and stop it and continued to exert efforts to remedy its consequences," the FPIC said. It said that the pipeline was shut down when the incident was first reported on July 12, 2010 until July 15, 2010 "when initial excavations yielded negative results. As seepage was observed in West Tower, the FPIC immediately had two air reactors installed at Basement 2 to siphon out the fumes." The 40-year-old pipeline transports oil products from Batangas province to the Pandacan oil depot in Manila. In November 2010, geologists from the University of the Philippines (UP) discovered the source of the leak about 100 meters southeast of West Tower, prompting FPIC to admit that its own pipeline was the source of the leakage. The FPIC's pipeline was established in 1967. (PNA) *FPIC says it is working double time in helping residents MANILA, Philippines - Residents of the West Tower Condominium in Makati will file on Thursday a P2-billion damage suit against the operator and clients of a damaged petroleum pipeline. In a press conference this morning, the residents alleged First Philippine Industrial Corp. (FPIC) and pipeline users Pilipinas Shell Petroleum Corp. and Chevron Philippines Inc. have been negligent in their responsibilities in cleaning up the mess left behind by the damaged pipeline. Thelma Santos, a resident, said her children have had difficulties breathing because of the strong odor coming from the leak. They supposedly contracted respiratory ailments after being exposed to the fumes, she said. After several mung bean-sized holes in a portion near the Magallanes flyover were discovered, the residents filed before the Supreme Court a writ of kalikasan seeking to have the pipeline closed. FPIC has since stopped operations in the 117-kilometer pipeline.

In a statement, the Lopez-led firm said it has been working double time to bring back to normal the lives of West Tower Condominium residents and the rest of the residents in the community affected by the gas leak at the portion of the pipeline below the condo building in Bangkal, Makati. The firm said it undertook already the pumping and hauling of wastewater from the basement of the condominium following a cease-and-desist order (CDO) from the Department of Environment and Natural Resources (DENR). The CDO was issued after DENR noted the effluents from Bensan Industries, Inc., West Towers own contractor, did not meet standards. FPIC claimed the temporary halting of pumping activities caused the basement to flood. FPIC, committed to continue with the full rehabilitation of the building, immediately notified West Tower its willingness to take over the pumping and hauling of the wastewater, the firm said. The firm said it contracted 3 waste treatment firms. Pumping and hauling started last March 9. with a report from Jing Castaneda, ABS-CBN News *DENR lifts cease-desist order vs West Tower abs-cbnNEWS.com Posted at 04/06/2011 6:06 PM | Updated as of 04/06/2011 6:06 PM

MANILA, Philippines - The Department of Environment and Natural Resources-Environmental Management Bureau (DENR-EMB) said it has temporarily lifted the cease and desist order (CDO) it issued against West Tower Condominium Corporation. DENR lifted the order to address the emergency situation as the CDO resulted in the flooding of the basements of West Tower. The CDO was issued in February of this year for the onsite waste water treatment operation of its contractor. Bensan Industries is meant to address the petroleum leak incident in the condominium. Bensan Industries can now implement its full rehabilitation strategy of the affected areas in the building in full coordination with pipeline operator First Philippine Industrial Corporation (FPIC). Currently, FPIC and its existing contractors are working non-stop 24/7 to haul and transport petroleum tainted water at the condo's basements in its efforts to rehabilitate the building. Oil leaking into the canals around the Bangkal area in Makati and into the basement of West Tower came from an FPIC pipe. The leak was initially discovered in the condominium building in July 2010, and the second leak was found along the south-bound service road of Osmea Highway in October 2010. * GMANews Sat, Nov 13, 2010

tweet Email Print (Update 2 - 10:57 p.m.) Residents of the West Tower condominium in Makati on Friday filed a petition for writ ofkalikasan (nature) before the Supreme Court (SC) against the officials of the company which owns and operates the pipeline that caused an oil leak near their residential area. The residents, through lawyer Lorna Kapunan, filed the petition for the writ against 45 officials of the First Philippine Industrial Corp. (FPIC) before the high court at 5:37 Friday. In the 36-page petition, the residents asked the SC to direct FPIC to permanently shut down and replace the damaged pipeline. Kapunan explained that the residents wanted the pipeline to be permanently closed because it poses a potential environmental and security threat" not only to the condominiums occupants but also to people living in areas under which the 117-kilometer pipeline runs. This is going to be extremely dangerous for the West Tower. This is not a question of plugging of the leaks... It has affected not just West Tower residents, but a lot of other cities and provinces as well," she told reporters after filing the petition on Friday. The residents likewise urged the high court to compel the pipelines operator to rehabilitate and restore the environment" affected by the oil leak, and to open a special trust fund to answer for similar incidents in the future. We want them [FPIC officials] to start accepting that they are wrong, and not to fool the media that there were no health and safety violations," Kapunan said. She added that the FPIC violated a number of environmental laws, including the Clean Air Act and the Clean Water Act, because of its negligence" in operating the damaged pipeline. The petition was filed months after a persistent oil leak was discovered in the basement of the West Tower condominium, forcing residents of the condominium to temporarily leave the area. The FPIC sought to trace the leak to its pipeline, which carries fuel products from Batangas to Manila. Exploratory diggings were done in a section of the pipeline near the Magallanes flyover in Makati, but findings were inconclusive. Experts later determined that the oil leak was caused by holes in the pipeline in the vicinity. (See: FPIC pipe leak traced to 5 holes near Magallanes flyover)

The damaged pipeline was shut down earlier this month, causing a shortage of fuel products in some gas stations in Metro Manila. (See:Closed oil pipeline causes MManila fuel shortage)

West Tower condominium residents also earlier expressed a separate plan to file a class suit against FPIC to demand for damages incurred due to the leak. (See: West Tower residents eye class suit vs FPIC for pipe leak) Second in a week The West Tower residents move to file the petition marked the second time a group of people asked the SC for the writ of kalikasanever since the high court instituted the legal remedy eight months ago. (See: Supreme Court OKs writ of kalikasan)

On Thursday, residents from Makati and Pasay cities filed the first-ever petition for the issuance of the writ against the Manila Electric Company (Meralco) for its supposedly excavating their areas to install high-tension wires. (See: First ever writ of kalikasan petition filed vs Meralco) Kapunan explained that the residents decided to petition for the writ of kalikasan because the oil leak did not only affect their area, but also nearby cities and provinces. We filed the writ of kalikasan because under the rules of the Supreme Court, if it involves more than two cities or provinces, you cannot be expected to file complaints in all these cities and provinces. Filing complaints in all these courts is almost impossible," she said. She added that her clients petitioned for the writ because they felt that their rights to a healthy and safe environment were violated by FPIC due to the oil leak. The writ of kalikasan the first of its kind in the world is a remedial measure that may be granted by the courts, upon the request of a person or a group of people whose constitutional right to a healthy environment is violated, to compel another party to stop the alleged violation. Victors, not victims Residents of the West Tower condominium who were present during the filing said they are determined to hold FPIC liable for the damage caused by the oil leak to them and their families. This is the start of a long battle for us. We will not stop until we get justice for what was done to us in bad faith," Glecy Mendoza, one of the residents affected by the oil leak, told reporters in a separate interview on Friday.

Ruby Chuauntu, West Tower Housekeeping Committee head, said she wants to hold the company accountable for the health problems caused by the oil leak to her child and her neighbors. I have a three-year-old baby who is still coughing and has rashes.Hindi naman siya [And it's not any] allergy. Most of my friends, their kids also have these rashes," she told GMANews.TV in a separate interview. Chuauntu added that she will support all moves that will be undertaken by people affected by the pipe leak until justice is served. Sana may mga konsensya pa sila [I hope FPIC officials still have some conscience]... We refuse to be victims. We will be victors here," she said.JV, GMANews.TV

* THE LOPEZ-owned First Philippine Industrial Corp., together with its clients Shell and Chevron, on Friday questioned the jurisdiction of the court handling the P2 billion civil case which residents of West Tower condominium had filed against them. FPIC is the operator of the pipeline systemearlier found to be the source of the oil that had been leaking into the basement of the condominium in Barangay Bangkal, Makati Citythat transports Chevron and Shell products from Batangas province to Pandacan. The respondents and West Tower residents showed up at Makati Citys Regional Trial Court Branch 58 yesterday for the hearing of the respondents joint motion for preliminary hearing to urge the court to determine whether the case was environmental in nature or not. The respondents claimed the case is no longer environmental in nature since the complainants are simply asking for compensation and not the enforcement of environmental laws. But lawyer Lorna Kapunan, counsel for the buildings residents, said the respondents were merely employing delaying tactics. She hit the respondents firms for allegedly insinuating that the P2 billion in total compensation the residents were seeking was unreasonable and bordering on extortion. It is appalling how FPIC and the rest of the defendants are now calling the residents of West Tower extortionists and opportunists in an attempt to weasel their way out of their own mistake, Kapunan said. This is not an extortion case. Tell that to the ones who have lost their homes, she added. Asked to comment about the extortion issue, lawyer Jaime Hofilena who represents FPIC, said: We deny that. This matter should now be addressed by the court. Hofilena also reiterated that the case filed by the complainants do not have the elements of being an environmental case under the rules of law. Its essentially a case for damages. The residents claimed they have yet to receive compensation, including expenses they incurred from their own cleanup, relocation and medical bills. Robert Dimayuga, president of the West Tower Homeowners Association said the P2-billion damage suit included the cost of replacing the residents condominium units and other charges.

* FPIC eyes West Tower rehab completion by yearend June 24, 2011 3:57 am MANILA, June 23 The Lopez-owned First Philippine Industrial Corp. (FPIC) said that the rehabilitation works at the 22-storey West Tower condominium building in Makati City that was affected by last years oil spillage will be completed before the year ends.

FPIC President Tony Mabasa said the company and its contractors had completed assessments of the buildings rehabilitation needs and proceeded with the restoration activities without delay after FPIC was granted by West Tower management full access of the basements and common areas last month. We have been progressing at a steady pace in our rehabilitation efforts for the condo building and we hope to finish everything before the close of the year, Mabasa said. Prior to being granted full access to the building in Barangay Bangkal, Mabasa said their activity was limited to just the necessary assessment of the condo adding that also during that time, two of FPICs contractors, who would have complemented efforts of their other contractors in rehabilitating West Tower, had been denied entry into the condos basements. This delayed the rehabilitation of the condos affected areas, mainly the basements, he said. Residents of the condo building were ordered by the Makati city government last to vacate the premises due to the persistent smell of gas. The local government also ordered the building sump pits, which was then discharging petroleum-tainted effluent, shut down, resulting in water buildup in the basements. FPICs Bangkal Project Remediation Head Nards Ablaza touted the rehab plan, saying it encompasses aesthetic, electromechanical and environmental rehabilitation of the condo. Ablaza said a major part of the rehabilitation works included the putting of safeguards to address air and water contamination from the petroleum leakage that was traced from a breached pipeline of FPIC along the southbound service road of Osmena Highway, though the company insisted at first it did not come from their pipeline until experts from the University of the Philippines-Diliman managed to traced the source of the oil leak. He said that their contractors would install air and water filter system to remove pollutants from the building. Recommendation of structural engineers who studied the building also formed part of the rehab plan, he said. On top of rehabilitation of West Tower, FPIC and its remediation and engineering services contractor, CH2MHILL Philippines, Inc., have also been holding remedial activities on the other affected areas in Bangkal, which are expected to continue until their completion in the next three to five years. Experts said it may take years to fully clean-up, including draining up of fuel that spilled in the area, and rehabilitate the affected barangays. The cost of the clean-up and rehabilitation could reach billions of pesos. The company, also said that residents of the condominium would have to wait for sometime before they would be allowed to return to their units. Mabasa said they would only be allowed to return to the building if post-rehabilitation inspection of the site by the Makati City government, the Department of Health (DOH) and the Department of Environment and Natural Resources (DENR) recommended such a move. Last week, the company along with its clients Pilipinas Shell and Chevron questioned the jurisdiction of the Makati Regional Trial Court Branch 58 to handle the P2-billion civil case filed by irate residents of West Tower against them in connection with last years oil leak. Oil companies used the pipeline in transporting their products from Batangas to the Pandacan oil terminal in Makati. The residents claimed that they have yet to received compensation from FPIC, including the cost they incurred from their own clean-up, relocation and medical bills. The president of the West Tower Homeowners Association, Robert Dimayuga, said the civil suit also included the cost of replacing their condominium units and other related charges. (PNA) RMA/CLTC