Philippine Supreme Court Resolutions > Year 2011 > November 2011 Resolutions > [G.R. No. 194239 : November 22, 2011] 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:

Please take notice that the Court en banc issued a Resolution dated NOVEMBER 22, 2011, which reads as follows:cralaw

"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

I 

On April 15, 2011, the Court conducted an ocular inspection on the two (2) other alleged leaks in the White Oil Pipeline (WOPL) of the First Philippine Industrial Corporation (FPIC) in the vicinity of Gen. Capinpin and Gen. Del Pilar Streets near the West Tower Condo. The representatives of the parties, the University of the Philippines-National Institute of Geological Sciences (UP-NIGS), the UP Institute of Civil Engineering (UPICE) and Department of Energy (DOE) Undersecretary Atty. Jose M. Layug, Jr. participated in said ocular inspection. It was proved in the ocular inspection that there were no additional leaks in the WOPL of FPIC.

opinion or recommendations on the propriety of temporarily lifting the Writ of Kalikasan/Temporary Environment Protection Order (TEPO) to allow FPIC to conduct the pressure controlled leak tests to check the structural integrity of the WOPL for the duration of more or less 24 hours.

Consequently, on April 25, 2011, the UP-NIGS submitted its Report recommending, inter alia, that FPIC be allowed to do the pressure controlled leak tests.

After asking for and receiving the test protocols undertaken by FPIC and clarification on testing protocols ASME B 31.4 IN Section 437.4.1 (c) and ASME B 31.4 relative to the standard API RP 1110, the UPICE, on October 3, 2011, submitted, in lieu of a Report, a Joint Manifestation with the DOE urging that FPIC be allowed to conduct the pressure controlled leak tests which, they opined, should be conducted in the presence of SGS Philippines, Inc., the certified leak test company commissioned by the DOE.

It must be recalled that, on January 3, 2011, respondent FPIC filed an Urgent Motion (to Temporarily Lift Writ of Kalikasan/TEPO) in order to conduct pressure controlled leak tests to check the structural integrity of the pipeline for the duration of more or less 24 hours. The proposed test entails running a scraper pig to eliminate air gaps within the pipeline prior to the conduct of said pressure controlled leak test. The test was recommended by the international technical consultant of the DOE which directed FPIC through a December 20, 2010 letter to conduct said test.

On January 24, 2011, petitioners filed their Comment/Opposition (on the Urgent Motion to Temporarily Lift Writ of Kalikasan/TEPO), arguing that the pressure controlled leak test will only determine whether there are existing leaks in the pipeline but does not address the Court-directed determination of the structural integrity of the whole pipeline.

Considering the unanimous recommendation of the UP-NIGS, UPICE and DOE, we find the urgent motion of FPIC impressed with merit. The pressure controlled leak test is part and parcel of FPIC's effort to check the structural integrity of its WOPL. This is consonant with the DOE directive embodied in its December 20, 2010 letter to FPIC. Besides, petitioners really have no serious opposition to the conduct of the tests, except their opinion that said tests are not adequate to determine the structural integrity of the WOPL.

WHEREFORE, finding the urgent motion to temporarily lift the TEPO on the WOPL to be MERITORIOUS, the TEPO issued on November 19, 2010 is hereby TEMPORARILY LIFTED for the DURATION  of NOT MORE THAN 48 HOURS ONLY from the start of the proposed test runs and ONLY FOR THE DURATION OF SAID TESTS  in order for FPIC to conduct the tests for purposes of checking the structural integrity of the WOPL. As recommended, the tests should be conducted in the presence of the parties or their representatives, SGS Philippines, Inc., the representatives of the UP-NIGS and the UPICE. Accordingly, FPIC is DIRECTED to COORDINATE  with SGS Philippines, Inc., the UP-NIGS and the UPICE on the conduct of the tests. FPIC and First Gen Corporation shall each pay one-half (1/2) of the fees of the experts. FPIC is likewise DIRECTED to INFORM the DOE and other concerned agencies of the government on the conduct of the test runs.

SO ORDERED. 

II 

The preliminary conference was conducted on March 24, 2011 pursuant to Sec. 11, Rule 7 of the Rules of Procedure for Environmental Cases. In the meantime, pending resolution are the following pleadings: (a) Omnibus Motion filed by petitioners assailing the Court's May 31, 2011 Resolution which clarified that the November 19, 2010 TEPO covers only the White Oil Pipeline (WOPL); (b) Manifestation (Re: Current Developments) with Omnibus Motion also filed by petitioners; and (c) Urgent Motion for Leave (To Undertake "Bangkal Realignment" Project) filed by FPIC. The parties were directed to submit their respective comments on the foregoing incidents.cralaw

In order to expedite the subsequent hearings of the instant case and the resolution of the pending incidents, there is a need to refer the instant petition to the Court of Appeals (CA). The CA shall conduct the subsequent hearings within a 60-day period, require the parties to file their respective memoranda, and submit its report and recommendation within 30 days after the receipt of the memoranda.

WHEREFORE, the CA is DIRECTED  to CONDUCT the SUBSEQUENT HEARINGS  of the petition pursuant to Rule 7 of the Rules of Procedure for Environmental Cases which shall not exceed 60 days from its initial hearing, and to SUBMIT its REPORT and RECOMMENDATION  within 30 days from submission of the memoranda of the parties. It shall likewise resolve the pending incidents after all the parties shall have submitted their respective Comments.

III 

Acting on the Letter dated November 16, 2011 of Christine Glaisa Po of Sycip Salazar Hernandez & Gatmaitan Law Office, SyCip Law Center, 105 Paseo De Roxas, 1226 Makati City, requesting for copies of the material pleadings and court orders in this case, the Court Resolves to DENY the request with respect to pleadings because a non-party is not entitled thereto.

Acting on the Letter dated November 21, 2011 of Atty. Ryan V. Romero of Kapunan Garcia & Castillo Law Offices, counsel for West Tower Condominium Corporation, requesting for copies of the following documents, the Court Resolves to (a) GRANT the request, subject to payment of the appropriate fees and (b) ADVISE said counsel to COORDINATE with the Office of the Clerk of Court En Banc on the matter, thus:cralaw

(1) Report submitted by the UPICE and UP-NIGS pursuant to the ocular inspection conducted on April 15, 2011; and 

(b) Testing protocols submitted by FPIC pursuant to the Resolution dated May 31, 2011."

Carpio, J., no part.
Brion, J., on leave.
Abad and Villarama, Jr., JJ., no part.

Very truly yours,

(Sgd.) ENRIQUETA E. VIDAL
  Clerk of Court