CA gives go-signal for damage suit vs FPIC over condo gas leak

West Tower Condominium. INQUIRER FILE PHOTO

MANILA, Philippines—The Court of Appeals upheld the decision of the Makati City Regional Trial Court which ruled that the case filed by residents of West Tower Condominium in Makati City against the Lopez-owned First Philippine Industrial Corp.(FPIC) and several other firms was a damage suit and not an environmental case.

However, the appeals court 10^th division, in a 17-page ruling penned by Associate Justice Stephen C. Cruz, said contrary to the Makati RTC Branch 133’s ruling, there is no need for the petitioners to file separate complaints and pay docket fees based on the amount of damages in their respective complaints.

The appeals court said there is nothing in the complaint that does not seek the payment of individual damages but rather as a group.

“Hence, there is absolutely no use or wisdom in splitting petitioners into individual parties only to be joined together later on in the proceeding (possibly via a motion for consolidation),” the appeals court said.

“More importantly, there is no law or jurisprudence precedence that requires or supports the filing of separate complaints for the same cause of action by reason alone of the disparity of the amount of damages that each of the parties have,” it added further stating that such move would clog court docket.

The appeals court reinstated the 62 unit owners of West Tower Condominium as complainants. They were removed by the lower court saying they should file individual complaints.

“The move to drop the rest of the petitioners from the present action for the sole purpose of filing separate complaints would have the effect of not only going against the tenets of law but also dragging the proceedings more contentiously than necessary,” the court said.

Residents of the West Tower and Barangay (village) Bangkal  sued FPIC, First Gen Corporation, Pilipinas Shell Petroleum Corporation (PSPC) and Chevron Philippines for violation of Republic Act 6969 (Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990), Republic Act 8749 (Philippine Clear Air Act of 199) and its Implementing Rules and Regulations, Republic Act 9275 (Philippine Clean Water Act of 2004) after they discovered a leakage from the fuel pipeline of FPIC that emanated from a crack on the wall of West Tower’s Basement 2.

The occupants of the building were forced to evacuate due to health and safety concerns.

The complainants prayed that the defendants be held solidarily liable for P1.6 billion as actual damages, P400 million as moral damages, P200 million as exemplary damages.

They also sought at least P300 million as medical fund to answer for whatever health effects may befall on plaintiffs and other residents exposed to the fuel spill of defendants and 10 percent judgment award as attorney’s fees.

The appeals court noted that the complaint primarily harps on the supposed negligence of FPIC to maintain its 43-year-old pipeline and their failure to act promptly to address the fuel leak.

The complaint further alleged that FPIC failed to exercise diligence in extending assistance to affected West Tower residents.

Concurring with the ruling were Associate Justices Magdangal de Leon and Eduardo Peralta Jr.

RELATED STORY

CA: FPIC needs DOE approval to reopen pipe