MANILA – A group of lawyers asked the Supreme Court (SC) to declare as illegal and unconstitutional an ordinance which allowed the country’s three major oil companies to retain their 36-hectare depots in a crowded residential district in Manila.
The Social Justice Society (SJS) argued in its eight-page petition that Manila Mayor Alfredo Lim has no authority to sign and enforce an ordinance which reclassified the Pandacan district in the city into an industrial zone.
With the reclassification, the ordinance thus allowed the country’s “Big 3″ – Petron Corporation, Pilipinas Shell and Chevron Philippines (formerly Caltex) – to retain their oil terminals located along the historic Pasig River.
The new ordinance represented a major turnaround from an earlier measure, also passed by the Manila city council, which converted Pandacan into a commercial and residential zone which effectively meant that the oil companies should relocate.
In early April, the SC upheld with finality the legality of the first ordinance and ordered the oil companies to relocate because they posed a major threat to the health and safety of the residents of Pandacan and its neighboring district of Santa Ana.
However, in the same decision, the High Court said its ruling could be superseded by another ordinance which would again reclassify Pandacan into an industrial zone.
The SJS, in its petition, argued that the ordinance signed by Lim exposed the residents to serious physical danger, due to fears of terrorist attack on the oil depots, which is against the Manila charter that mandates the city government to legislate laws designed to promote the general welfare.
The SJS also threatened to file criminal and administrative charges against Lim before the office of the Ombudsman for signing the new ordinance.
But Lim was unperturbed, saying he is ready to face whatever charges may arise from his decision to sign the controversial ordinance which allows not only the oil firms but also about 200 other industries to stay in Manila.
Lim insisted the decision is aboveboard and did not violate any law or ruling from the High Court.
He explained that his predecessor, now Secretary Lito Atienza of the Department of Environment and Natural Resources, left him with deficit equivalent to more than $25 million.
In this light, the mayor said the city government could not afford the $4 million in much-needed taxes should the 200 major industries, including the oil companies, leave Manila if he vetoed the new ordinance.
The amount, Lim said, will go a long way in helping the city sustain free supplies and medicines in its public hospitals as well as free education for its residents.
Lim also said about 10,000 workers in Manila stood to be laid off if the industries are forced to relocate elsewhere, especially at this time when the world, including the Philippines, continues to reel from the disastrous impact of the economic and financial turmoil.
He admitted that his approval of the new ordinance was one of the most difficult and painful decisions he has made as a politician and as a government official.
But Lim pointed out the issue involves not only the economy and the environment but also about people trying to live peacefully, securely and as economically prosperous as possible.
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