West Tower condo residents appeal court ruling
West Tower residents have appealed a Makati court ruling that requires them to pay millions of pesos in docket fees for the P2–billion damage suit they filed against First Philippine Industrial Corp. (FPIC).
Lawyer Deanna Lorenzo, a senior associate at the Kapunan Garcia & Castillo law firm, which is representing the residents, said that the filing fee could reach over P40 million.
“It’s impossible for [the residents to pay] that amount,” Lorenzo said. “They’ve lost their homes, now they have to pay [for or rent] a new house. All their belongings are still in the building…”
“We got hit by a double whammy,” Manuel Chuaunsu, one of the condo unit owners, told the Inquirer. “We are the victims here. We have already lost our homes. Now we are being asked to pay for our right to even have a chance of recovering what was blatantly taken from us.”
Earlier, Judge Eugene Paras of the Makati Regional Trial Court ruled that the residents’ case against the Lopez-owned firm was just an ordinary damage claim and not environmental in nature since they were seeking payment for damages and not the enforcement of environmental laws or their environmental rights.
“Considering that some of the plaintiffs may have suffered greater damage than others and that each must prove [the damage he sustained], the damages that may be awarded to each cannot be the same. Consequently, each plaintiff must pay his own docket fee after he determines the amount of damages he suffered,” Paras said.
In the September 9 motion they filed through their lawyer Lorna Kapunan, the residents asked the court to reconsider its order as they insisted that their complaint was environmental in nature “and not an ordinary complaint for damages.”
“As such, it is prayed that environmental rules be applied in the proceedings and the plaintiffs be allowed to pursue the complaint without having to pay the fees for the filing thereof,” they said.
According to Kapunan, if the court denies their petition, “the residents will be left in a situation wherein they will have no hope for remuneration because they can’t afford the costs that come with the filing of an ordinary suit for damages.”
The residents were forced out of their homes last year by an oil leak in the condominium’s basement.
The leak, which is still being cleaned up, was later traced to a nearby oil pipeline owned and operated by FPIC.
