Big 3 to merge Pandacan plea in 1 case

The "Big 3" oil companies are planning to consolidate in one case their petition to declare null and void the Manila City Ordinance 8027, requiring the immediate phase-out of their oil depot in Pandacan.

"Perhaps our next move is to consolidate our petition in one case," said Pilipinas Shell Petroleum Corp. spokesperson Robert Kanapi, who pointed out that the oil firms are basically pressing for common issues.

Kanapi said they would file their motion to merge all the three cases in one court. Separate petitions by Shell, Caltex Phils. Inc. and Petron Corp. are pending in three different courts, handled respectively by Judges Oscar Barrientos of Regional Trial Court branch 26, Reynaldo Ros of branch 33 and Guillermo Purganan of branch 42.

The oil firms are asking for the scrapping of ordinance 8027 for being unconstitutional. The ordinance mandates the reclassification of Pandacan area from heavy industrial to residential-commercial zone, thus prohibiting the existence of an oil terminal.

Meanwhile, Kanapi said Shell will avail of business permits from the Manila City government so it could continue its operation in Pandacan oil depot along with Caltex and Petron.

"The mayor has announced that he will be issuing business permits to all the oil companies and we welcome his announcement," said Kanapi referring to the pronouncement of Manila Mayor Lito Atienza that the three oil firms would be allowed to operate the facilities.

He said reports that Shell would stop its operation after their petition for TRO had been denied by the court are not true, we even welcome the announcement of the mayor to give all of us business permits to operate."

Barrientos junked on Wednesday Shell’s petition for TRO to prevent the city government from closing down the oil terminal in Pandacan. He noted that Ordinance 8027 is a valid exercise of police power to promise sound urban planning and ensure the health, public safety and general welfare of people in the area.

Unlike Barrientos, Ros and Purganan issued TROs based on the argument that the closure of oil terminal would cause irreparable damage and grave injury to the oil firms and to the public.

"If the oil terminal is closed, a fuel shortage is inevitable," Purganan added.

Kanapi reiterated Shell’s intention and commitment to comply with the safety and security provisions of the memorandum of understanding (MOU) entered into by the city government and oil firms last June 2002.

While the case is pending in court, Atienza called on the oil firms to scale down the volume of their operation and put up lineal parks as buffer zone as among the provisions of the MOU.

The oil firms have dismantled a number of tanks of liquefied petroleum gas and aviation fuel, but the city government believes that the compliance was not substantial enough to warrant the continued stay of the depot in Manila.

The city council approved the phase-out of the depot amid fears that the oil terminal poses a great risk to the lives of the people in the area if attacked by terrorists.