SJS Officers v. Mayor Lim - Case Digests
SJS Officers v. Mayor Lim - Case Digests
187836 and
187916)
DATE: 25 November 2014
PONENTE: J. Perez
FACTS
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
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
On 28 August 2012, the SP enacted Ordinance No. 8283 which essentially amended the
assailed Ordinance to exclude the area where petroleum refineries and oil depots are
located from the Industrial Zone. The same was vetoed by Mayor Lim.
ISSUES
1.
2.
3.
4.
RULING
1. None. The scope of the Rules of Procedure for Environmental Cases is embodied in
Section 2, Part I, Rule I thereof. It states that the Rules shall govern the procedure in
civil, criminal and special civil actions before the MeTCs, MTCCs, MTCs and MCTCs,
and the RTCs involving the enforcement or violations of environmental and other related
laws, rules and regulations such as but not limited to: R.A. No. 6969, Toxic Substances
and Hazardous Waste Act; R.A. No. 8749, Clean Air Act; Provisions in C.A. No. 141;
and other existing laws that relate to the conservation, development, preservation,
protection and utilization of the environment and natural resources.
Notably, the aforesaid Rules are limited in scope. While, indeed, there are
allegations of violations of environmental laws in the petitions, these only serve as
collateral attacks that would support the other position of the petitioners the protection
of the right to life, security and safety.
2. No. The SC held that it is true that the petitions should have been filed with the RTC, it
having concurrent jurisdiction with the SC over a special civil action for prohibition, and
original jurisdiction over petitions for declaratory relief.
However, the petitions at bar are of transcendental importance warranting a
relaxation of the doctrine of hierarchy of courts. This is in accordance with the wellentrenched principle that rules of procedure are not inflexible tools designed to hinder or
delay, but to facilitate and promote the administration of justice. Their strict and rigid
application, which would result in technicalities that tend to frustrate, rather than promote
substantial justice, must always be eschewed. (Jaworski v. PAGCOR, 464 Phil. 375)
3. Yes. The SC referred to their Decision dated 7 March 2007 which ruled that the
petitioners in that case have a legal right to seek the enforcement of Ordinance No. 8027
because the subject of the petition concerns a public right, and they, as residents of
Manila, have a direct interest in the implementation of the ordinances of the city.
No different are herein petitioners who seek to prohibit the enforcement of the
assailed ordinance, and who deal with the same subject matter that concerns a public
right.
In like manner, the preservation of the life, security and safety of the people is
indisputably a right of utmost importance to the public. Certainly, the petitioners, as
residents of Manila, have the required personal interest to seek relief to protect such right.
4. Yes. In striking down the contrary provisions of the assailed Ordinance relative to the
continued stay of the oil depots, the SC followed the same line of reasoning used in its 7
March 2007 decision, to wit:
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 Malacaang Palace;
and
(4) In case of an explosion or conflagration in the depot, the fire could
spread to the neighboring communities.
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.
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.
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.