Supreme Court asked to void new oil depot measure

MANILA, Philippines - The Supreme Court (SC) was asked yesterday to declare null and void a city ordinance signed last week by Manila Mayor Alfredo Lim allowing depots of the country’s three major oil firms to remain in Pandacan.

In an eight-page petition, the group Social Justice Society (SJS) – which has been pushing for the closure of the 36-hectare depot – said Lim had no authority to sign and enforce an ordinance reclassifying Pandacan back into an industrial zone and allowing the oil firms to maintain their depots.

The petitioner, represented by Vladimir Cabigao, said Ordinance 8187 – city officials said the measure was Ordinance 7177 before Lim signed it – is illegal since the city’s charter mandates that the city government legislate laws to promote the general welfare and not enact measures that “expose inhabitants to serious physical danger.”

Cabigao also said Lim violated the principle of separation of powers by rendering the SC’s final decision upholding the legality of Ordinance 8027, which reclassified Pandacan and Sta. Ana from industrial to commercial zones, effectively banning the depots. Ordinance 7177 supercedes Ordinance 8027.

“The conditions that warranted the enactment of Ordinance 8027… have not diminished. The danger of terrorists’ attacks persist. Most certainly, even respondent (Lim) would not dare assert that such danger has disappeared,” the SJS said.

In upholding Ordinance 8027, the SC said 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.”

Lim ready for charges

Lim said yesterday he is ready to face whatever charges may arise from his decision to approve Ordinance 7177, which allows the continued stay of about 200 large industries in the city, including the oil depot in Pandacan.

In a statement, Lim said the decision is aboveboard and did not contravene any law or ruling from the SC.

“This is a free country. We welcome suits or complaints as these will give us the opportunity to prove that what we are doing is for the good of the greater majority.  We will carry out our mandate as long as it is in accordance with the law,” Lim said at a forum.

He explained that since his predecessor – now Environment Secretary Lito Atienza – left him with a P1.4 billion deficit, the city government cannot afford to lose over P200 million in much-needed taxes should the 200 major industries leave the city if he vetoed Ordinance 7177.

This amount, he said, will go a long way in helping the city sustain free supplies and medicines in its public hospitals as well as free education for the city’s residents.

Lim also said some 10,000 workers from Manila stood to be displaced if the industries were kicked out of the city.

Saying his approval of Ordinance 7177 was one of the most difficult and painful decisions he has made, he pointed out that it was not only an issue about economy or environment but also about people trying to live peacefully, securely and as economically prosperous as possible.

“There is no perfect world. Everything must be a compromise. However, I firmly believe that we need not borrow from the future, especially if what we are going to borrow is fear,” he stressed.