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Friday, February 15, 2008

 

Atienza faces class suit
over Pandacan depot issue

By Rommel C. Lontayao, Reporter

A group of Pandacan residents is set to file a class suit against former officials of the Manila City government who allowed the prolonged stay of the oil companies at the Pandacan oil depot.

In a press conference yesterday in Manila, lawyer Vladimir Cabigao, legal representative of some 15,000 residents living near the oil depot area, said they will file an administrative case against former Manila Mayor Lito Atien­za, former City Business Permit Director Rino Tolentino and city councilors who approved the extension of the oil companies’ stay in Pandacan. Atienza is now Environment Secretary.

“In behalf of Pandacan residents, we are set to file administrative and criminal cases against the people responsible for the extension of the operation of the oil depot,” Cabigao said.

Atienza, in an earlier interview, said he was also against the continued stay of the oil firms.

However, Cabigao said the former mayor is still liable for his inability to execute the law, because the city government under Atienza failed to implement City Ordinance No. 8027 reclassifying Pan­dacan and Sta. Ana from industrial to commercial areas.

“City Ordinance 8027 took effect in 2002 but the oil companies attained an injunction in 2003. So there was a lapse as far as the implementation of the city ordinance is concerned,” he noted.

Manila to move for removal of depots

Manila Fifth District Councilor Erick Valbuena and Sixth District Councilor Ma. Lourdes Isip-Garcia on Thursday proposed a resolution at the City Council urging the executive department to immediately implement the latest decision of the Supreme Court which favored the removal of the oil facilities at Pandacan.

On Wednesday, the High Court junked the motions for reconsideration filed by Chevron Philippines Inc., Petron Corp. Pilipinas Shell Petroleum Corp. and the Department of Energy, and insisted they are firm with their March 7, 2007 decision ordering the mayor of Manila to enforce Ordinance No. 8027, which directed the removal of oil depots from Pandacan because of risks from terrorist attacks.

“Essentially, the oil companies are fighting for their right to property. They allege that they stand to lose billions of pesos if forced [to] relocate. However, based on the hierarchy of constitutionally protected rights, the right to life enjoys precedence over the right to property. The reason is obvious: life is irreplaceable, property is not,” the Court’s decision stated.

Oil companies that will be displaced from Pandacan because of the Supreme Court’s ruling said they will continue to fight for their right to operate the facility, underscoring its importance to the country’s energy security.

Manila Mayor Alfredo Lim said he will enforce the High Court’s ruling.

   

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