Case Digest (G.R. No. 187836)
Facts:
In Social Justice Society (SJS) v. Lim, G.R. No. 187836 and G.R. No. 187916 consolidated, the petitioners challenged Manila City Ordinance No. 8187, enacted on May 14, 2009 by the Sangguniang Panlungsod of Manila. Ordinance 8187 amended the 2006 Manila Comprehensive Land Use Plan and Zoning Ordinance (Ordinance 8119) by creating a Medium Industrial Zone (I-2) and Heavy Industrial Zone (I-3) in Pandacan, thereby permitting oil depots to remain in a densely populated district. Petitioners included officers of SJS (Samson S. Alcantara and Vladimir A. Cabigao), former Mayor Jose L. Atienza, Jr., city councilors, and urban residents represented by parents for their minor children. Respondent Alfredo S. Lim, then Manila mayor, and Vice Mayor Francisco Domagoso, together with twenty-three councilors who voted for the ordinance, were impleaded. Intervenors Chevron Philippines Inc., Pilipinas Shell Petroleum Corporation, and Petron Corporation, owners of the Pandacan oil terminals, claimCase Digest (G.R. No. 187836)
Facts:
- Parties and Pandacan Terminals
- Inhabitants and Governance
- Petitioners: Social Justice Society (SJS) officers Samson Alcantara and Vladimir Cabigao; former Mayor Jose L. Atienza, Jr.; city councilors and residents of Manila.
- Respondents: Mayor Alfredo S. Lim; Vice Mayor Francisco Domagoso; Manila City Council members.
- Oil Companies (Intervenors)
- Chevron Philippines, Inc.; Pilipinas Shell Petroleum Corporation; Petron Corporation – operate Pandacan oil depots supplying Metro Manila.
- Facilities date to 1914, linked by pipeline to Batangas and Bataan refineries.
- Ordinances, Agreements, and Litigation Chronology
- 2001–2003 Reclassification and Agreements
- Oct. 12, 2001 MOU (DOE & oil companies): study relocation, scale-down proposals.
- Nov. 20, 2001 Ordinance 8027: reclassify Pandacan from Industrial II to Commercial I; six-month compliance, extended to April 30, 2003 by Resolutions 97 and 13.
- Dec. 4, 2002 G.R. No. 156052: SJS v. Atienza – petition for mandamus to enforce Ordinance 8027.
- 2003–2008 RTC and Supreme Court Actions
- Chevron and Shell obtained injunctions in RTC Manila; Petron secured status quo.
- June 16, 2006 Ordinance 8119: Manila land use plan, designates Pandacan as Overlay PUD/R-3/MXD.
- Mar. 7, 2007 Supreme Court Decision: enforce Ordinance 8027.
- Feb. 13, 2008 En Banc Resolution: uphold Ordinance 8027’s constitutionality; require relocation.
- 2009–2012 New Zoning Ordinances
- May 14, 2009 Ordinance 8187: amend 8119 by creating Medium Industrial (I-2) and Heavy Industrial (I-3) zones; repeal 8027, permit oil depots to stay.
- June 2009 G.R. Nos. 187836 & 187916: petitions for prohibition, mandamus, certiorari to nullify 8187.
- Aug. 28, 2012 Ordinance 8283: reclassifies oil depot area from Heavy Industrial to High-Intensity Commercial/Mixed Use (C3/MXD); grants oil companies until Jan. 2016 to relocate; veto overridden.
Issues:
- Procedural Issues
- Do petitioners have legal standing to file prohibition, mandamus, and certiorari?
- Is direct recourse to the Supreme Court proper, or should remedies lie in lower courts or administrative actions?
- Substantive Issues
- Does Ordinance No. 8187 validly exercise municipal police power, or does it unconstitutionally endanger the right to life, health, and environment?
- Were zoning procedures under Republic Act No. 7160 and Ordinance No. 8119 properly observed?
- Can Ordinance No. 8027, upheld in G.R. No. 156052, be repealed or modified by 8187 given unchanged public‐safety conditions?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)