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THE White Oil Pipeline (WOPL) being operated by the Lopezowned First Philippine Industrial Corp. (FPIC), which leaked in
2010, may soon get Supreme Court (SC) approval for its
reopening.
That is, if tests would show the pipeline is already safe for
commercial purpose.
In a resolution issued on June 16, the Court en banc adopted
the 2012 report and recommendations issued by the Court of
Appeals (CA). It was at the CA where the petition for the writ of
kalikasan was filed by West Tower Condominium operators, unit
owners and nearby residents in Barangay Bangkal, Makati City,
who were forced to vacate their residences due to health and
safety concerns purportedly after the WOPL leaked.
The Court enumerated several tests to be undertaken by the
FPIC with the supervision of the Department of Energy (DOE)
before it can be reopened.
After the FPIC has undertaken the activities prescribed, the
DOE shall determine if the activities and the results of the test
run warrant the reopening of the WOPL, the SC ruled. In the
event that the DOE is satisfied that the WOPL is safe for
continued commercial operations, it shall issue an order
allowing FPIC to resume the operations of the pipeline.
The Court also directed the FPIC to undertake and continue
remediation, rehabilitation and restoration of the affected
Barangay Bangkal environment until it is restored to its
condition prior to the leakage.
The Court also ordered the FPIC to conduct the following:
The High Tribunal also ordered the DOE to ensure that FPIC
complies with measures once the WOPL is re-opened to prevent
similar incident in the future.
These include the continued implementation of the companys
Pipeline Integrity Management System (Pims) as reviewed by
the DOE. These steps include:
Gen Corp. are not liable in their individual capacities for the
leakage.
The SC noted it is clear in the Rules of Procedure for
Environmental cases that in a petition for a writ of kalikasan,
the Court cannot grant the award of damages to individual
petitioners.
As duly noted by the CA, the civil case and criminal complaint
filed by petitioners against respondents are the proper
proceedings to ventilate and determine the individual, liability
of respondents, if any, on their exercise of corporate powers
and the management of FPIC relative to the dire environmental
impact of the dumping of petroleum products stemming from
the leak in the WOPL, the SC said.
In a statement, the FPIC welcomed the Courts ruling and said it
is ready to abide by its conditions for the reopening of the
WOPL, including the continued conduct of remediation
measures in Barangay Bangkal.
FPIC has been working closely with government agencies and
has always complied with government regulations concerning
our efforts to restore the environmental health of the areas
affected by the pipeline leak, to ensure the pipelines integrity
and the return to regular operations of an infrastructure that is
vital to the Philippine economy and the lives of thousands of
Metro Manilans, the statement read.
The remediation of the affected areas in Bangkal has been
continuous to this day. We are doing everything necessary and
sparing no expense to protect the health and safety of the
public, it added.