Philippine Supreme Court Resolutions

"G.R. No. 194239: (WEST TOWER CONDOMINIUM CORPORATION, on behalf of the Residents of West Tower Condo., 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 Roes)

RESOLUTION

On May 31, 2011, the Court granted the May 10, 2011 letter-request of the UP Institute of Civil Engineering by directing FPIC to submit documents regarding testing protocols it has undertaken to check for leaks and the structural integrity of the WOPL, the results thereof and other related proposals it has committed to undertake to the UP Institute of Civil Engineering within five (5) days from notice.

On June 30, 2011, the UP Institute of Civil Engineering sent a clarification- letter on two (2) main points relative to the testing protocol it received from FPIC, particularly ASME B 31.4 in Section 437.4.1 (c) and ASME B 31.4 relative to the standard API RP 1110.

The first clarificatory point is the application of ASME B 31.4 in Section 437.4.1 (c) which specifies that water will be used as test fluid during pressure tests but also provides an exception, i.e.. the use of low-volatility petroleum or diesel, provided the three (3) conditions under Section 437.4.1 (c) (1) - (3) are met. Essentially, the UP Institute of Civil Engineering is clarifying if the three conditions are met since the proposed pressure controlled leak tests to check the structural integrity of the WOPL which entails running a scraper pig to eliminate air gaps within the pipeline prior to the conduct of said test, as recommended by the international technical consultant of the Department of Energy (DOE), will be undertaken using low-volatility petroleum or diesel.

The second clarificatory point is the application of the standard API RP 1110 which is referred to by ASME B 31.4. Apparently the testing protocol provided by FPIC to the UP Institute of Civil Engineering specifies, among others, (a) details to detect and monitor leaks during testing and (b) accuracy and precision of testing equipment and procedures which will be used for the testing. However, whether the standard API RP 1110 which is referred to by ASME B 31.4 was considered in setting the testing protocols is not clear.

Considering that the testing protocols were prepared and presumably followed by FPIC in the operation and maintenance of the WOPL, these highly technical matters pertaining to the above clarificatory queries are best fielded by FPIC and secondarily by the international technical consultant of the DOE.

Wherefore, FPIC is hereby DIRECTED  to clarify the two-point clarificatory queries of the UP Institute of Civil Engineering within five (5) days from notice. The international technical consultant of the DOE is likewise DIRECTED to clarify the same points to the UP Institute of Civil Engineering within five (5) days from notice. Let FPIC and the international technical consultant of the DOE, through the DOE, be furnished copies of the June 30, 2011 clarificatory-letter of the UP Institute of Civil Engineering. And the UP Institute of Civil Engineering is granted one (1) week from receipt of the last explanation or clarification from the FPIC and the international technical consultant of the DOE within which to file its Report.

The Court further Resolves to 

(a) NOTE the Manifestation and Motion dated June 28, 2011 filed by counsel for petitioners; 

(b) REQUIRE the adverse parties to COMMENT  within ten (10) days from notice hereof on the Omnibus Motion dated June 28, 2011 filed by counsel for petitioners, praying that the parties be heard on oral arguments on the issue of reopening the Black Oil Pipeline System, and that after oral arguments, the Resolution dated May 31, 2011 issued by the Court authorizing the opening of the Black Oil Pipeline System be reconsidered and set aside, and praying further that the Black Oil Pipeline System and the White Oil Pipeline System be sealed at the Batangas, Para�aque and Pandacan ends and that the petitioners be allowed to witness the same; and 

(c) NOTE and GRANT the Letter dated July 14, 2011 of Atty. Justin Christopher C. Mendoza of Poblador Bautista & Reyes Law Ofices, counsel for FPIC, requesting a copy of the 2011 Report filed by the UP Institute of Civil Engineering in compliance with the resolution of March 29, 2011 and authorizing their messenger, Mr. Joey N. Osit, to follow-up and pick-up the same."

Carpio, Abad and Villarama, Jr., JJ., no part.
Bersamin, J., on leave.
Sereno, J., on official leave.

Very truly yours,

(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court