Case Digest (G.R. No. 156052) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Social Justice Society (SJS), Vladimir Alarique T. Cabigao and Bonifacio S. Tumbokon v. Hon. Jose L. Atienza, Jr., G.R. No. 156052, decided on February 13, 2008, the petitioners filed an original petition for mandamus under Rule 65 of the Rules of Court to compel Mayor Atienza to enforce Ordinance No. 8027, enacted by the Sangguniang Panlungsod of Manila on November 20, 2001 (approved November 28, 2001 and effective December 28, 2001), which reclassified defined portions of Pandacan and Sta. Ana from Industrial II to Commercial I and required cessation of disallowed operations within six months. The ordinance directly affected the Pandacan Terminals of Chevron Philippines Inc., Petron Corporation and Pilipinas Shell Petroleum Corporation (collectively, the oil companies). On June 26, 2002, Manila and the Department of Energy (DOE) executed a memorandum of understanding to down‐scale the terminals, ratified by a City resolution limited to July 25 2002–January 30 2003 and exten Case Digest (G.R. No. 156052) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Subject Matter
- Petitioners: Social Justice Society, Vladimir Alarique T. Cabigao, Bonifacio S. Tumbokon seeking mandamus to compel enforcement of Manila Ordinance No. 8027.
- Respondent: Hon. Jose L. Atienza, Jr., Mayor of Manila.
- Movants-Intervenors: Chevron Philippines Inc., Petron Corporation, Pilipinas Shell Petroleum Corporation (the oil companies), and Department of Energy (DOE).
- Ordinance No. 8027 and Subsequent Agreements
- Enacted November 20, 2001; effective December 28, 2001: reclassified Pandacan and Sta. Ana areas from Industrial II to Commercial I and ordered cessation of disallowed businesses within six months.
- June 26, 2002 MOU among City of Manila, DOE, and oil companies for “scaling down” Pandacan terminals, ratified by City Resolution No. 97 (six-month validity) and extended by Resolution No. 13 until April 30, 2003.
- Lower Court Proceedings
- April 25, 2003: Chevron and Shell filed in RTC Manila Branch 39 for annulment of Ordinance 8027; RTC granted preliminary prohibitory and mandatory injunctions on May 19, 2003.
- Petron filed separate RTC petition in Branch 42; status quo order issued August 4, 2004; later withdrawn February 20, 2007.
- New Zoning Ordinance and Additional Litigations
- June 16, 2006: Ordinance No. 8119 (Comprehensive Land Use Plan and Zoning of 2006) enacted without notice to Supreme Court.
- 2006–2007: Oil companies challenged Ordinance 8119 in various RTC branches; TROs issued.
- Supreme Court decision March 7, 2007: held Mayor had duty to enforce Ordinance 8027 and denied effect of MOU/resolutions.
Issues:
- Intervention
- Whether the oil companies and DOE may intervene despite filing after Supreme Court decision.
- Impediments to Enforcement
- Effect of RTC injunctive writs and status quo order.
- Impact of Ordinance 8119 and whether it supersedes Ordinance 8027.
- DOE Authority
- Whether enforcing Ordinance 8027 encroaches on DOE’s powers under RA 7638 and RA 8479.
- Mandamus and Autonomy
- Whether mandamus lies to compel enforcement of a local ordinance and if petitioners had alternate remedies.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)