Pubcorp-sjs-v-lim.docx

Social Justice Society (SJS) Officers v. Lim Facts: 

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A Memorandum of Agreement was entered into by oil companies (Chevron, Petron and Shell) and Department of Energy for the creation of a Master Plan to address and minimize the potential risks and hazards posed by the proximity of communities, business and offices to Pandacan oil terminals without affecting security and reliability of supply and distribution of petroleum products. Sometime later, the Sangguniang Panlungsod (SP) enacted Ordinance No. 8027 which reclassifies the land use of Pandacan, Sta. Ana, and its adjoining areas from Industrial II to Commercial I. Owners and operators of the businesses affected by the reclassification were given six (6) months from the date of effectivity to stop the operation of their businesses. A petition for mandamus was filed before the Supreme Court (SC) to enforce Ordinance No. 8027. Unknown to the SC, the oil companies filed before the Regional Trial Court of Manila an action to annul Ordinance No. 8027 with application for writs of preliminary prohibitory injunction and preliminary mandatory injunction. The same was issued in favor of Chevron and Shell. Petron, on the other hand, obtained a status quo on August 2004. Later, Mayor Jose Atienza, Jr. approved Ordinance No. 8119 entitled “An Ordinance Adopting the Manila Comprehensive Land Use Plan and Zoning Regulations of 2006 and Providing for the Administration, Enforcement and Amendment thereto”. This designates Pandacan oil depot area as a Planned Unit Development/Overlay Zone. SC granted the petition for mandamus and directed Mayor Atienza to immediately enforce Ordinance No. 8027. It declared that the objective of the ordinance is to protect the residents of manila from the catastrophic devastation that will surely occur in case of a terrorist attack on the Pandacan Terminals. On 14 May 2009, during the incumbency of Mayor Alfredo Lim (Mayor Lim), the Sanggunian enacted Ordinance No. 8187. The Industrial Zone under Ordinance No. 8119 was limited to Light Industrial Zone, Ordinance No. 8187 appended to the list a Medium and a Heavy Industrial Zone where petroleum refineries and oil depots are expressly allowed. Petitioners Social Justice Society Officers, Mayor Atienza, et.al. filed a petition for certiorari under Rule 65 assailing the validity of Ordinance No. 8187. Their contentions are as follows: - It is an invalid exercise of police power because it does not promote the general welfare of the people - It is violative of Section 15 and 16, Article II of the 1987 Constitution as well as health and environment related municipal laws and international conventions and treaties, such as: Clean Air Act; Environment Code; Toxic and Hazardous Wastes Law; Civil Code provisions on nuisance and human relations; Universal Declaration of Human Rights; and Convention on the Rights of the Child - The title of Ordinance No. 8187 purports to amend or repeal Ordinance No. 8119 when it actually intends to repeal Ordinance No. 8027

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On the other hand, the respondents Mayor Lim, et.al. and the intervenors oil companies contend that: - The petitioners have no legal standing to sue whether as citizens, taxpayers or legislators. They further failed to show that they have suffered any injury or threat of injury as a result of the act complained of - The petition should be dismissed outright for failure to properly apply the related provisions of the Constitution, the Rules of Court, and/or the Rules of Procedure for Environmental Cases relative to the appropriate remedy available - The principle of the hierarchy of courts is violated because the SC only exercises appellate jurisdiction over cases involving the constitutionality or validity of an ordinance under Section 5, Article VIII of the 1987 Constitution - It is the function of the SP to enact zoning ordinance without prior referral to the Manila Zoning Board of Adjustment and Appeals; thus, it may repeal all or part of zoning ordinance sought to be modified - There is a valid exercise of police power

Issue: WON Ordinance No. 8027 is constitutional pursuant to the exercise of police power Ruling: Yes. The Court described Ordinance No. 8027 as a measure enacted pursuant to the delegated police power of local government units, thus, Ordinance 8187 is invalid. It explained that based on the hierarchy of constitutionally protected rights, the right to life enjoys precedence over the right to property. The reason is obvious: life is irreplaceable, property is not. When the state or [local government unit] LGU’s exercise of police power clashes with a few individuals’ right to property, the former should prevail. “Ordinance No. 8027 was enacted for the purpose of promoting a sound urban planning, ensuring health, public safety and general welfare of the residents of Manila. The Sanggunian was impelled to take measures to protect the residents of Manila from catastrophic devastation in case of a terrorist attack on the Pandacan Terminals. Towards this objective, the Sanggunian reclassified the area defined in the ordinance from industrial to commercial. The following facts were found by the Committee on Housing, Resettlement and Urban Development of the City of Manila which recommended the approval of the ordinance: (1) The depot facilities contained 313.5 million liters of highly flammable and highly volatile products which include petroleum gas, liquefied petroleum gas, aviation fuel, diesel, gasoline, kerosene and fuel oil among others; (2) The depot is open to attack through land, water and air; (3) It is situated in a densely populated place and near Malacañang Palace; and (4) In case of an explosion or conflagration in the depot, the fire could spread to the neighboring communities.

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The Ordinance was intended to safeguard the rights to life, security and safety of all the inhabitants of Manila and not just of a particular class. The depot is perceived, rightly or wrongly, as a representation of western interests which means that it is a terrorist target. As long as there is such a target in their midst, the residents of Manila are not safe. It therefore becomes necessary to remove these terminals to dissipate the threat.”

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The same best interest of the public guides the present decision. The Pandacan oil depot remains a terrorist target even if the contents have been lessened. In the absence of any convincing reason to persuade the Court that the life, security and safety of the inhabitants of Manila are no longer put at risk by the presence of the oil depots, the SC holds that the Ordinance No. 8187 in relation to the Pandacan Terminals is invalid and unconstitutional.

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For, given that the threat sought to be prevented may strike at one point or another, no matter how remote it is as perceived by one or some, the SC cannot allow the right to life be dependent on the unlikelihood of an event. Statistics and theories of probability have no place in situations where the very life of not just an individual but of residents of big neighbourhoods is at stake.

Dispositive Portion: 1. Ordinance No. 8187 is declared unconstitutional and invalid with respect to the continued stay of the Pandacan Oil Terminals. 2. The incumbent mayor of the City of Manila is ordered to cease and desist from enforcing Ordinance No. 8187 and to oversee the relocation and transfer of the oil terminals out of the Pandacan area 3. The oil companies shall, within a non-extendible period of forty-five (45) days, submit to the RTC Manila, Branch 39 an updated comprehensive plan and relocation schedule, which relocation shall be completed not later than six (6) months from the date the required document is submitted.