Supreme Court urged to compel Comelec on oil depot referendum

MANILA, Philippines - The Manileno Kontra Abuso (MKA), a movement behind the People’s Initiative Against Ordinance 8187, filed a petition before the Supreme Court (SC) yesterday, asking the court to compel the Commission on Elections (Comelec) to start the initiative for the Pandacan oil depots’ relocation outside Metro Manila.

Lawyer Vladimir Cabigao, representing the MKA, said Comelec denied their petition last Sept. 8 based on a technicality and the wrong interpretation of the law.

Their original petition aimed to repeal Ordinance 8187 through a referendum. The MKA said the Pandacan oil depot’s continued stay poses a threat to Manila residents since a single explosion or terrorist attack could endanger thousands.

Cabigao said Comelec misinterpreted the spirit and letter of the law.

Comelec claimed that since the MKA petition was submitted to the Manila City Council on June 23, it should have been submitted to Comelec within the next 30 days, petition was submitted to Comelec last Aug. 25.

“Comelec wrongfully says we should have submitted the petition within that 30-day period. Comelec misinterpreted the laws which say the council has 30 days to take favorable action. The council has to take action first, before we can submit our petition to Comelec,” said Danny Isiderio of Tabak-TF, the main petitioner.

He said it would be “laughable” if the same petition is submitted to both the city council and the Comelec at the same time. “The period of action or non-action of the council must be concluded first, before the petition can be submitted to Comelec,” Isiderio said.

Tony Santos of the Samahan ng Magkakapitbahay sa Timog Balagtas (SMTB) said that “we empathize that for a long period, Comelec has not dealt with a direct action to revoke a local law. The rareness and novelty of our direct-action has not prepared Comelec for more intense study, contemplation and appropriate reaction to the matter.” 

Santos expressed hope that the SC would issue a mandamus compelling Comelec to deal with the petition’s substance, rather than focus on a technicality or an incorrect reading of the laws.

Santos said there have been recent oil depot explosions that caused deaths and the evacuation of thousands – in Bayamon, Puerto Rico last Oct. 23; Jaipur in Rajasthan, India on Oct. 29; in Utah in the United States on Nov. 4.

“These depots are in suburbs, unlike our Pandacan depots located at the heart of Manila. These are omens of what might happen here. The Pandacan depots must be relocated outside Metro Manila,” Santos said.      – Sandy Araneta, Edu Punay