Makati residents to file class suit vs FPIC

MANILA, Philippines - Residents affected by the gas leak in Bangkal, Makati City yesterday vowed to file a class suit against the First Philippines Industrial Corp. (FPIC) before the Supreme Court (SC).

In a press conference, the group’s lawyer, Lorna Kapunan, said the class suit to be filed against the FPIC, owner of the pipeline that runs from Pandacan oil depot all the way to Batangas, will be based on the “Writ of Kalikasan” issued by former Supreme Court Chief Justice Reynato Puno last April. The pipeline is rented by oil firms.

Kapunan said the “Writ of Kalikasan” is a recent remedy formulated by the High Court to better protect the rights of the citizens to a balanced and healthful ecology enshrined in the Constitution.

She said the writ may be issued within three days from the filing of the petition and may be availed by any person or entity authorized by the law to prevent and stop any damage to the environment that would prejudice the life, health or property of inhabitants in two or more cities.

“The case will be directly before the Supreme Court to do away with a huge filing fee required before the lower court. The filing fee for the filing of the case before the lower court may be P45 million, which is a huge amount for the residents of West Tower,” Kapunan said.

Kapunan said the 80 families residing at the West Tower do not want a band-aid solution to the problem – they want the pipeline permanently shut down and a new one laid.

The pipeline of the FPIC is 117 kilometers long, running from Batangas to Manila and passing through several towns and cities of Laguna and Metro Manila.

The petroleum leak, first reported in July, had prompted the Makati City government to evacuate the residents of the West Tower Condominium, where large amounts of diesel, kerosene and other petroleum products had accumulated at the basement.

She said the residents did not only suffered financially due to the gas leak, but they also suffered from health problems caused by gas fumes they inhaled since July.

The residents, led by Ruby Chua, said the FPIC kept on denying responsibility for the gas leak.

Chua said the FPIC is now extending their apologies after it was learned that it was really FPIC’s pipeline that leaked.

“It was too late for them to apologize to us because we have been expecting it earlier but then they were denying and kept pointing to others as the source of the oil leak,” she said.

Chua said her five-year-old daughter is sick and has rashes after she was exposed to the oil fumes whenever she played at the ground floor of West Tower.

FPIC spokesman Anthony Mabasa said five holes the size of a mongo bean have been found and their workers are cleaning and repairing this section.

Firm to survey oil leak spread

The US-based CH2M Hill will start a comprehensive survey and audit on the extent of the contamination of the oil leak in Makati.

Mabasa said in a press conference yesterday that representatives from CH2M Hill have already presented a general plan of action to the Makati City government.

Mabasa said the plan would initially involve a thorough survey of the areas affected by the leak.

“What will happen is will present this (general plan) to the affected stakeholders to elicit their comments and after that it’s for implementation. We are actually ready to implement but we just need to consult them if the approach and methodology is acceptable to them. And that could happen very, very soon,” he said.

He said the plan would basically start with gathering information on the extent of and the general source of the leak.

“For example, if the leak comes from one point, it has to be addressed immediately otherwise all the water that will pass through the where the leak sprung will still be contaminated. So the source will be addressed first while the situation in West Tower is also being addressed,” he said.

He said the survey will involve drilling 25 wells within the areas but this will only start once FPIC gets approval from the city government and residents.

According to Mabasa, they are keeping their Nov. 11 deadline to complete the repair of the pipes with five small holes that caused the leak.

“We will be ready within two days to operate. Maybe by Thursday, we can run the pipeline,” he said.

Amicable settlement?

Mabasa admitted that they expect the residents of Makati affected by the leak to take appropriate legal actions but Mabasa said they would rather “settle the issue amicably.”

Mabasa said they deem it important to address the issues on public safety first before going through other concerns like legal impediments.

“More importantly, FPIC is also continuing the environmental safety audit of the entire 120-kilometer stretch of the pipeline and now that we believe we’ve finally found the exact location of the leak, we will continue with our corporate social responsibility activities which includes environmental remediation,” Mabasa added.

FPIC also apologized to the public for the inconvenience brought about by the leak discovered in the pipeline.

Meanwhile, the Department of Energy (DOE) warned that Chevron may start to encounter in procuring barges for transport if pipeline operations will not resume immediately.

“Some Chevron stations will be having difficulties for diesel until 13 November 2010. Afterwhich, Chevron expects that they will be able to handle their requirements,” the DOE said.

According to a DOE statement, Shell expects its supply levels to normalize by today.

FPIC pipelines supply 60 percent of petroleum needs of Metro Manila and nearby provinces. FPIC delivers the equivalent of 800 to 1,000 trucks daily. – With Donnabelle Gatdula, Mike Frialde