The oil pipeline that leaked and prompted the closure of a Makati City condominium in July 2010 may be reused, but only when its operators have shown satisfactory proof of its safety, the Supreme Court ruled.
In an en banc resolution on Tuesday, the high tribunal ordered the Department of Energy (DOE) to strictly monitor the testing, reinforcement and realignment of the 117-kilometer pipeline that leaked into the basement of the 22-story West Tower condo in Barangay (village) Bangkal and forced the evacuation of its residents.
The leak was traced to grain-sized holes in a portion of the pipeline operated by First Philippine Industrial Corp. (FPIC), just meters away from the building. It runs from Batangas province to Manila, supplying more than 50 percent of the petroleum products for the Pandacan oil depot.
In November 2014, the SC ordered the removal of the depot, citing it as a potential terrorist target endangering the local population, among other reasons. SC spokesman Theodore Te deferred comment on Thursday on why the court was still allowing the pipeline to reopen after the closure order on the depot.
The SC said the pipeline鈥檚 owner, the Lopez firm FPIC, can now do a test run and demonstrate its cleaning mechanism, pressure and leakage gauges and gas flow, among others. Only when the firm gets a certification from the DOE can it resume pipeline operations, it said.
In November 2010, the SC issued the country鈥檚 first writ of kalikasan shutting down the pipeline as demanded by West Tower residents. It then remanded to case to the Court of Appeals (CA), which was asked to recommend whether or not the pipeline should be reopened.
In a December 2012 ruling, the CA鈥檚 11th Division ordered the FPIC to submit to the SC a DOE certification that the pipeline is safe for commercial operation. It also recommended a course of action for the firm and the DOE.
The latest SC ruling, penned by Associate Justice Presbitero Velasco Jr., was in response to a pleading from West Tower Condominium Corp. to make the Department of Science and Technology鈥攏ot 鈥渢he biased and incapable鈥� DOE鈥攄o the certification.
But the high court retained the DOE for that role, though it modified the CA鈥檚 recommendations.
Also, the SC said 鈥渋t will refrain from ruling鈥� on the CA鈥檚 findings that the officers of the FPIC and First Gen Corp. may not be held liable for the leak. This matter 鈥渃an be properly resolved in the civil and criminal cases鈥� that West Tower petitioners had also filed against them, it added.
In a statement on Thursday, FPIC said 鈥渨e accept the SC ruling鈥nd will abide by its directives concerning FPIC鈥檚 white oil pipeline and our remediation efforts in Barangay Bangkal.
鈥淔PIC has been working closely with government agencies and has always complied with government regulations concerning our efforts to restore the environmental health of the areas affected by the leak, to ensure the pipeline鈥檚 integrity and the return to regular operations of an infrastructure that is vital to the Philippine economy and the lives of thousands of Metro Manilans.鈥�
鈥淭he remediation of the affected areas in Bangkal has been continuous to this day,鈥欌�� it added.