MANILA, Philippines – The Supreme Court on Tuesday dismissed the motions filed by oil giants Pilipinas Shell Petroleum Corporation and Chevron Philippines as it declared that its decision ordering the transfer of the Pandacan oil depot was final.
“The Court denied the Motion for Reconsideration of Shell because the reasons given had already been decided upon by the Court and there was no need for the Court to rule upon them anew,” the high court said Tuesday.
The high court warned all the parties that it would no longer entertain any pleadings otherwise, they will be cited for contempt.
“This resolution is final. Under pain of contempt, no further pleadings, motions or papers in the guise of the enumerated submissions shall, thus be entertained in these cases,” the high court said.
Shell filed a motion for reconsideration last November on the high court’s ruling saying they have experts willing to attest that the Pandacan oil depot is safe.
On the other hand, Chevron filed a motion for clarification asking the high court to defer the submission of an updated comprehensive plan and relocation schedule and remove from its November 2014 ruling the wordings “the very nature of the depots where millions of liter of highly flammable and highly volatile products x x x has no place in a densely populated area.”
“The Court pointed out that there are overwhelming reasons stated in the Decision to support the pronouncement of the Court that the very nature of depots has no place in a densely populated area,” the high court said.
MAIN STORY: SC: Pandacan oil depot must go
The high court took note of the history of the Pandacan terminals where flames spread over the entire City of Manila when fuel storage dumps were set on fire in December 1942 and another incident involving an explosion.
At the same time, the high court clarified that the January, 2016 deadline to move out of Panacean did not come from them.
The high court said the timeline indicated in their previous ruling shall be observed. However, the January 2016 was not part of the timeline.
In its November, 2014 ruling, the high court said oil companies have six months following the submission of documents and updated comprehensive plan and relocation schedule to remove the oil depot in Pandacan, Manila.
“Relocation shall be deemed completed not later than six months from the date the required documents were submitted. The Presiding Judge of Branch 39 shall monitor the strict enforcement of this decision,” the high court said.
With a vote of 10-2, the high court declared unconstitutional Manila ordinance 8187 that allowed the oil storage facilities to remain in the city.
The high court also ordered Manila Mayor Joseph Estrada to cease and desist from enforcing Ordinance No. 8187 and coordinate with appropriate government agencies in overseeing the relocation and transfer of the oil terminals out of Pandacan area.
The high court echoed its decision in affirming Manila Ordinance 8027 where it cited that the continued stay of the oil depots placed the residents of Manila in danger of being a terrorist target. Ordinance 8027, approved in 2001, pushes for the removal of the depot in Manila.
The case stemmed from the 2009 petition filed by Social Justice Society (SJS) led by lawyer Samson Alcantara to nullify Ordinance 8187.
The SJS said in its petition that the Manila City Council can only adopt measures to promote the general welfare of its inhabitants.
They pointed out that the depots of the so-called “Big 3” oil companies store millions of liters of flammable and volatile substances including aviation fuel.
“Undoubtedly, they are a magnet for attacks by terrorists. The conflagration triggered in the depot by a terrorist attack would result in deaths and destruction that would dwarf the New York Sept. 11 and Mumbai bombings,” SJS said.
Ordinance 8187 was passed in 2009 during the term of Mayor Alfredo Lim. In 2012, the City Council approved Ordinance 8283 to boot out the oil depot, which Lim vetoed.