G.R. No. 194239, June 16, 2015
West Tower Condominium Corporation, on behalf of the Residents of West Tower Condominium and in representation of Barangay Bangkal, and others, including minors and generations yet unborn v. First Philippine Industrial Corporation, First Gen Corporation and their Respective Board of Directors and Officers, John Does, and Richard Does

FACTS

Respondent First Philippine Industrial Corporation (FPIC) operates two pipelines: the White Oil Pipeline (WOPL) System and the Black Oil Pipeline (BOPL) System, which transport petroleum products. In May 2010, residents of West Tower Condominium began smelling gas. On July 10, 2010, a fuel leak was discovered in the condominium’s Basement 2. The leak intensified, compelling residents to abandon their units on July 23, 2010. FPIC initially disowned the leak. On October 28, 2010, a study by the University of the Philippines-National Institute of Geological Sciences (UP-NIGS) found a leak in FPIC’s WOPL about 86 meters from West Tower. The next day, FPIC admitted the WOPL was the source but denied liability, blaming nearby construction activities. On November 15, 2010, West Tower Condominium Corporation filed a Petition for the Issuance of a Writ of Kalikasan on behalf of the residents and the surrounding community, praying for respondents to cease negligent acts, check and replace the pipeline, rehabilitate the environment, and establish a special trust fund. The Court issued the Writ of Kalikasan with a Temporary Environmental Protection Order (TEPO) on November 19, 2010, enjoining FPIC from operating the WOPL and requiring a report on its structural integrity. FPIC directors filed returns challenging the petition’s legal capacity and alleging lack of required allegations. FPIC submitted a compliance report on January 21, 2011, detailing integrity tests and preventive maintenance measures. The Court conducted an ocular inspection on April 15, 2011. On May 31, 2011, the Court clarified that the TEPO covered only the WOPL, allowing FPIC to resume BOPL operations. Petitioners filed motions challenging this and invoking the precautionary principle to also close the BOPL.

ISSUE

The primary issue is whether the Petition for the Issuance of a Writ of Kalikasan was properly granted and the scope of the Temporary Environmental Protection Order.

RULING

The Court, through Justice Velasco, Jr., ruled on the petition. The Writ of Kalikasan and TEPO issued on November 19, 2010, were affirmed with regard to the WOPL. The Court found the petition sufficient in alleging environmental damage of such magnitude that prejudiced the life, health, or property of inhabitants in two or more cities or municipalities. The Court’s May 31, 2011, Resolution was upheld, clarifying that the TEPO applied only to the WOPL System, not the BOPL System. The Court declined to extend the TEPO to the BOPL, finding petitioners’ invocation of the precautionary principle for the BOPL unsubstantiated, as there was no showing of a similar actual or threatened violation for that pipeline. The Court directed the referral of the case to the Court of Appeals for the reception of evidence and determination of whether respondents should be held liable for damages and for the issuance of a permanent protection order.