SC remands FPIC kalikasan suit to CA

MANILA, Philippines - The Supreme Court (SC) remanded to the Court of Appeals (CA) yesterday a writ of kalikasan case filed by residents in Makati City affected by a leak in a fuel pipeline operated by the First Philippine Industrial Corp. (FPIC).

During yesterday’s preliminary conference on the writ of kalikasan issued by the SC in November last year, Associate Justice Presbitero Velasco Jr., who was assigned by the High Court to preside over the conference, also ordered an ocular inspection of the pipeline to verify reports that two more leaks were found in the 117-kilometer pipeline that was ordered temporarily shut down by the court.

FPIC president Tony Mabasa said their firm has been complying with the writ, working double time to clean up the basement of the West Tower Condominium in Bangkal and hauling water contaminated by the leak from the company’s pipeline every day.

The SC said it remanded the case to the CA, which may accept evidence in the case. The petitioners filed the case directly with the SC, which does not evaluate evidence — a function done by lower courts.

The writ of kalikasan is a remedy formulated by the High Court under the watch of former Chief Justice Reynato Puno to better protect the rights of the citizens to a balanced and healthful ecology.

In a related development, West Tower residents filed a P2.2-billion civil case for damages before the Makati City prosecutor’s office against FPIC; its mother firm, First Gen Corp.; and two oil firms over what they claim is the slow repair of the pipeline and cleanup of the contaminated water that has flooded four basements of the condominium.

“Before it was just one basement that was flooded. Now four basements are flooded. The condominium is no longer safe for residents to return to,” Lorna Kapunan, who represents the residents, said.

She said that last Monday, “West Tower residents were forced to evacuate their homes due to real danger of explosion from increased volumes of gasoline found in their basement and the deadly vapors ema­nating therefrom.”

Kapunan also said FPIC has not declared a deadline for the completion of the cleanup. She also belied the FPIC’s claim that it was ready to accept custody of the West Tower Condominium after the residents had surrendered it to them and declared the condominium building as condemned.

“They (FPIC) said the West Tower residents are not cooperating with them so the residents surrendered the condominium building to them. Now, we received a letter from FPIC saying they are only prepared to take over the flooded basements but not the entire building,” she said.

FPIC eyes on-site water treatment

Mabasa said they are also set to install in the next three weeks an on-site treatment facility that will meet the effluent or water quality standards of the Department of Environment and Natural Resources (DENR).

“FPIC and our contractors have been steadily working on hauling out the contaminated water in the condo and will soon be able to treat the water on-site in an environmentally compliant manner. Our goal is to be able to tell West Tower residents that they can go back to their homes assured of the safety of their property and health,” Mabasa said.

Three reputable waste treatment firms were contracted by the company to haul and transport the wastewater to their respective treatment, storage and disposal facilities.

He reported to the SC that nine or more lorry trucks arrive daily at the condominium where workers haul and transport wastewater from the condo’s basement.

Mabasa admitted that they were not immediately able to work on the rehabilitation of the building since the condominium association would not accept its offer to do the clean up and treatment of the wastewater accumulating at their basements because they already have a contractor.

It was only after the condominium’s contractor did not pass the DENR effluent or water quality standards and subsequently issued a cease-and-desist (CDO) order by the government regulator in February this year that FPIC was able to secure formal arrangements to proceed with the basement’s clean up, he added.

As for the environmental remediation or cleanup of the Bangkal area, FPIC – through its contractor, CH2MHill, an internationally recognized environmental remediation company – has drilled six product recovery wells and is currently adding more wells in the Bangkal area.

According to CH2MHill, the design for the multi-phase extraction system is being finalized in the United States. This system will be the more permanent solution to the cleanup of Bangkal, the firm said.