SC orders closure of Pandacan oil depot

[Zeus]

SC orders closure of Pandacan oil depot



By Tetch Torres
INQUIRER.net
Last updated 12:13pm (Mla time) 03/07/2007


MANILA, Philippines -- The Supreme Court on Wednesday ordered the Manila City government to shut down the Pandacan oil depot.
The 12-page unanimous decision of the high court’s first division, penned by Associate Justice Renato Corona directed Manila Mayor Lito Atienza to order businesses disallowed by a city ordinance -- including the Pandacan terminals of Caltex (Philippines), Inc., Petron Corporation and Pilipinas Shell Petroleum Corporation -- to cease and desist operations within six months of the local measure’s effectivity.
This decision stemmed from an original action for mandamus filed by the political party Social Justice Society (SJS) and Manila residents Vladimir T. Cabigao and Bonifacio S. Tumbokon asking the high court to compel Atienza to enforce a city ordinance that would shut down the Pandacan depot.
City Ordinance 8027, which was approved by the Manila City Council on November 28, 2001 and took effect on December 28 that same year, reclassifies portions of Pandacan and Sta. Ana from industrial to commercial.
The Supreme Court said the ordinance was within the delegated police power of local government units “to promote the order, safety, and health, morals, and general welfare of the society.”
“There is nothing that legally hinders [Mayor Atienza] from enforcing Ordinance No. 8027,” it said.
In fact, the high court said the Local Government Code “imposes upon Atienza the duty, as city mayor, to ‘enforce all laws and ordinances relative to the governance of the city.’ One of these is Ordinance No. 8027.”
“As the chief executive of the city, he has the duty to enforce Ordinance No. 8027 as long as it has not been repealed by the Sanggunian [Panglungsod or city council] or annulled by the courts,” it added. “He has no other choice. It is his ministerial duty to do so.”
Noting that the measure was enacted after the September 11, 2001 terror attacks on the United States, the high court recognized that “the objective of the ordinance is to protect the residents of Manila from the catastrophic devastation that will surely occur in case of a terrorist attack on the Pandacan terminals. No reason exists why such a protective measure should be delayed.”
However, on June 26, 2002, the Manila city government and the Department of Energy entered into a Memorandum of Understanding (MoU) with the oil companies which said “the scaling down of the Pandacan terminals [was] the most viable and practicable option.”
The city council ratified the MoU through Resolution No. 97 but declared it effective for only six months from July 25, 2002. However, it adopted yet another resolution extending the validity of Resolution No. 97 to April 30, 2003 and authorizing Atienza to issue special permits to the oil companies.
This prompted SJS, Cabigao and Tumbokon to file their petition before the high court.


Makakaapekto kaya sa presyo ng gasolina pag lumipat mga iyan?

[gearspeed]

Naku huwag naman sana makaapekto ito.
Alam ko matagal na itong balita na ito ah.

[chua_riwap]

Delikado kasi ito, kasi heavily populated yung paligid. Pag may nangyari sa depot, marami madadamay.

Meron atang lady tsikoteer na nagtatrabaho diyan sa Pandacan depot. Kunin natin ang comment niya about this.

[Bogeyman]

I have lived in Punta (right across the Pasig River from Pandacan) for around 18 years, and I have seen how residents would panic every time a fire would break out near the depots, especially that one time na nagkasunog sa ERDA Tech. Pulling the depots out of Pandacan would mean one less safety hazard (sana idamay na din yung Philippine Match Co. which is located on the other side of the community). Hanggang ngayon, I still have relatives and friends living there, and I can just imagine the potential danger they're living in every day.

[mhelskie]

my father works for a company which fabricates oil tanks/tankers and when I discussed this with him(nung nabalita din dati), sabi nya it would be impossible to implement this in just 6 months, even a year. Sabi nya sa akin, "San sila lilipat? Kung may lilipatan man sila, gawa na ba? kung gagawin pa, sa tingin mo kakayanin ng 6 months ang paggawa? It took the oil companies years bago nila nabuo ung depot nila...why would anyone think they can relocate their business in just 6 months?"

[kiper]

Kinulang na naman yata sila sa "palangis."

[redorange]

my father works for a company which fabricates oil tanks/tankers and when I discussed this with him(nung nabalita din dati), sabi nya it would be impossible to implement this in just 6 months, even a year. Sabi nya sa akin, "San sila lilipat? Kung may lilipatan man sila, gawa na ba? kung gagawin pa, sa tingin mo kakayanin ng 6 months ang paggawa? It took the oil companies years bago nila nabuo ung depot nila...why would anyone think they can relocate their business in just 6 months?"

+1 My dad worked for a company that had to build fuel depots for the US Air Force and it took them at least 5-7 years IIRC from ground breaking to completion. Even with 24hour work they couldn't finish it in 6 months.

[GasJunkie]

major accident will get them to move.






:fly:

[Zeus]

major accident will get them to move.






:fly:

Saan kaya sila magandang lumipat na hindi malalagay sa peligro ang mga residente at di maakpekto ang presyo ng gasolina?

[GasJunkie]

malacanang would be a nice choice. :spider:







edit lots of open space in teh country
edit2 prices would always go up, why are you worried???

[shadow]

relocating the oil depot = increase in fuel prices;

the farther the oil depot is from manila, the higher the increase in fuel prices

huh!? if you're going to equat the prices of gas to the proximity of depot then how come the prices at gas station around the depot is the same with the stations in valenzuela or muntinlupa? diba dapat sobrang mura na lang yun rpices nila dahil malapit sila sa depot?

malacanang would be a nice choice. :spider:







edit lots of open space in teh country
edit2 prices would always go up, why are you worried???

+10000000000

[the josh]

It's quite unfair sa mga oil companies na yan kasi alam ko hindi pa residential yang lugar na yan ay nandyan na ang mga depot na yan. Hindi ba kasalanan ng gobyerno bakit pinayagan nila na magtayo ng mga bahay sa palibot ng mga depot

[Bogeyman]

It's quite unfair sa mga oil companies na yan kasi alam ko hindi pa residential yang lugar na yan ay nandyan na ang mga depot na yan.

To paraphrase the Supreme Court decision, the safety and welfare of human domicile should take greater precedence over human commerce.

Besides, almost all of the various manufacturing facilities once located in Pandacan have long since transferred to other locations. Yung oil depot na lang talaga ang naiwan.

[the josh]

To paraphrase the Supreme Court decision, the safety and welfare of human domicile should take greater precedence over human commerce.

Besides, almost all of the various manufacturing facilities once located in Pandacan have long since transferred to other locations. Yung oil depot na lang talaga ang naiwan.

Bakit nga pinayagan ng gobyerno na tumira ang mga tao sa paligid nyan e unsafe nga. Kung pinagbawal nila e di walang problema ngayon

[Zeus]

malacanang would be a nice choice. :spider:







edit lots of open space in teh country
edit2 prices would always go up, why are you worried???

Worried I might not used the V6 anymore

[Zeus]

SC upholds transfer order of Manila oil depot


By Tetch Torres
INQUIRER.net
First Posted 15:16:00 02/13/2008


MANILA, Philippines -- The Supreme Court has upheld an ordinance by the Manila City government ordering the transfer of the oil depot housing three oil firms.
In a 78-page resolution released Wednesday by the First Division, through Associate Justice Renato Corona, the high court dismissed the petition by Chevron, Petron Corp., and Pilipinas Shell against the local ordinance.
The high tribunal also ordered the Manila mayor, in this case, Alfredo Lim, to oversee the relocation and transfer of the oil terminal from Pandacan.
It asked the Manila regional trial court to ensure that the resolution would be strictly enforced.
The high court gave the three oil companies a 90-day non-extendable period to submit before the Manila RTC their comprehensive plans and relocation schedules.

Source: www.inquirer.net
Feb.13, 2008

[Bogeyman]

You failed to mention that the SC decision is not yet final and executory, as the oil companies have 15 days to file their respective motions for reconsideration.

[Zeus]

You failed to mention that the SC decision is not yet final and executory, as the oil companies have 15 days to file their respective motions for reconsideration.

Oo nga

[Zeus]

(UPDATE) SC upholds transfer order of Manila oil depot


By Tetch Torres
INQUIRER.net
First Posted 15:16:00 02/13/2008


MANILA, Philippines -- The Supreme Court has upheld an ordinance by the Manila City government ordering the transfer of the oil depot housing the operations of three oil firms.
In a 78-page resolution released Wednesday by the First Division, through Associate Justice Renato Corona, the high court dismissed the petition by Chevron Philippines, Petron Corp., and Pilipinas Shell Petroleum Corp. and the Department of Environment against Manila Ordinance No. 8027 directing the removal of the oil terminals from Pandacan.
The same ordinance reclassified portions of Pandacan and Sta. Ana from industrial to commercial and directed certain business owners and operators, including Chevron, Petron, and Shell to cease and desist from operating their businesses in these areas.
The high tribunal also ordered the Manila mayor, in this case, Alfredo Lim, to oversee the relocation and transfer of the oil terminal from Pandacan in coordination with appropriate agencies and other parties involved.
It asked Branch 39 of the Manila regional trial court to ensure that the resolution would be strictly enforced.
The high court gave the three oil companies a 90-day non-extendable period to submit before the Manila RTC their comprehensive plans and relocation schedules to ensure the orderly transfer, movement, and relocation of assets and personnel.
“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. When the state or [local government unit] LGU’s exercise of police power clashes with a few individuals’ right to property, the former should prevail,” the court said.
The high court also dismissed the pending case with the Manila RTC questioning the validity of the ordinance.
It noted that the injunctive writs previously issued by the Manila RTC against the city government were not impediments to the enforcement of Ordinance No. 8027 because the writs “had no legal leg to stand on.”
“Nowhere in the judge’s discussion can we see that, in addition to a showing of a clear legal right of Chevron and Shell to the remedy sought, he was convinced that they had made out a case of unconstitutionality or invalidity strong enough to overcome the presumption of validity of the ordinance.”
The high court also held that Ordinance No. 8027 was not superseded by Ordinance No. 8119 (An Ordinance Adopting the Manila Comprehensive Land Use Plan and Zoning Regulations of 2006 and Providing for the Administration, Enforcement and Amendment Thereto) and did not impliedly repeal Ordinance No. 8027.
“The conflict between the two ordinances is more apparent than real. The two ordinances can be reconciled. Ordinance No. 8027 is applicable to the area particularly described therein whereas Ordinance No. 8119 is applicable to the entire City of Manila,” the court said.
This high court ruling stemmed from an original action for mandamus filed by the political party Social Justice Society (SJS) and Manila residents Vladimir T. Cabigao and Bonifacio S. Tumbokon asking the high court to compel Atienza to enforce a city ordinance that would shut down the Pandacan depot.
The high court granted the petition and the city government did not appeal, prompting the oil companies to seek a reversal of the tribunal’s decision.
Meanwhile, spokesman Jose Midas Marquez said the oil companies could still appeal for their case to be elevated to the en banc.

Source: www.inquirer.net
Feb.13, 2008

Ito na ang updated

[baker123]

edit2 prices would always go up, why are you worried???

hahahah tama gasjunkie. even when it goes down, its just for a moment. it would still go up.

transfering to other place wont have to be a reason for them to increase the price again. because im quite sure their municipal licenses and other such expenses would be lower compared to metro manila. but then again. it can be a reason for them to increase prices lalo at kailangan pa nila mag construct ng new depot (additional/expansion expense)

the weird thing is. i was told before that the oil depots there are operational a long time ago. and the community (no disrespect to those within the area) are only new or just went there after the depots were installed. and as law would have it. and if the depots was not supposed to be there. then the local govt should have not let them install or construct a depot there in the first place.