Senate body finds FPIC liable for Makati gas leak

MANILA, Philippines - The Senate committee on environment found the First Philippine Industrial Corp. (FPIC) liable for the gas leak at the West Tower condominium in Barangay Bangkal, Makati City.

Sen. Juan Miguel Zubiri, chairman of the Senate environment committee, said yesterday the gas leak incident is a “test case of environmental degradation which should be taken seriously.”

“The fuel leak brought about by the mongo-sized holes on the surface of the FPIC pipeline undoubtedly caused undue damage and prejudice not only to the residents of the West Tower condominium and the adjoining areas in Barangay Bangkal but to the environment as a whole,” Zubiri said.

The committee also recommended that residents of West Tower condominium and adjoining areas in Bangkal “be appropriately compensated in accordance with law and equity for the damages they sustained.”

They should be properly compensated for every month that they left their home since their forced eviction, he said.

“We should look into the long-term effects, especially after it was found in the hearing that the FPIC cleanup will take four to five years,” Zubiri explained.

The FPIC operates the 117-kilometer pipeline from Manila to Batangas, which was the source of the gas leak last year.

This also prompted the city government to order the evacuation of residents from the condominium due to health hazards.

“The fuel leak clearly caused possible violations of the Clean Air Act and/or the Clean Water Act,” said the report, which is being routed among senators for final approval before the plenary. The Senate is expected to tackle it once Congress resumes session on May 9 after a month and a half recess.

Under the Clean Water Act, the violator is mandated to pay the government a daily fine of about P200,000 until the problem is resolved.

Inspect the entire pipeline

The committee called on the Department of Energy and the Department of Environment and Natural Resources to inspect the entire 117-kilometer stretch from Batangas to Pandacan.

“There is therefore an imperative need to inspect the whole stretch of the FPIC pipeline in order to ensure that the same does not pose a threat to the lives of many Filipinos,” Zubiri added.

Since the inquiry was conducted in aid of legislation, Zubiri said the committee also called for the crafting of a law that will regulate the establishment of oil and gas pipelines.

Under the proposed Oil and Gas Pipeline Regulation Bill, Zubiri also pushed for the creation of the National Pipeline Board which will prescribe the environment and safety standards for the oil and gas pipelines in the country.

It shall also prescribe minimum standards in the management and operations of pipelines; tap other government agencies to assist in the event of leaks, risks or similar emergencies, and be the repository of all data and information on oil and gas pipelines. The Board will be headed by the Energy secretary.

Under the proposal, the pipeline owners and operators shall now be required to secure a congressional franchise to operate.

It also classifies pipeline systems as a national security concern, which also mandates the crafting of a National Security Pipeline Plan.

The committee also recommended a “detailed and specific cleanup plan” from the FPIC.

“This is in line with the principle of environmental laws that ‘polluters must pay’,” Zubiri added.

Volney Ricafort, a unit owner, joined some of his neighbors who went to the Senate and lauded the Senate move.

Rehabilitation ongoing

The FPIC said it has been extensively working on the remediation and rehabilitation of West Tower and cleanup of the affected areas in Bangkal to address the oil leak situation

FPIC president Anthony Mabasa said their contractors are working 24/7 to haul the water tainted with hydrocarbon in the basement of West Tower.

“We are also installing an on-site treatment facility to further hasten the cleanup process. We are confident that with the team of local and foreign experts that are helping us and with the support of the various agencies concerned, the remediation of the affected areas in Bangkal will be done in the most judicious and efficient manner,” Mabasa said.

“We have also set up a clinic in Bangkal to look after the health concerns of residents in the area and are constantly looking for ways to further improve our processes to consider concerns raised by the residents,” he added.

He said most of the issues raised by Zubiri are now with the courts and “as far as FPIC is concerned, we will be doing our best to ensure the health and safety of the residents in the area.” 

He said the issue is being addressed by FPIC pursuant to the directive of the Supreme Court in the writ of Kalikasan which ordered FPIC to check the structural integrity of the pipeline.