G.R. No. 194239 - West Tower Condominium Corp. vs. 1st Philippine Industrial Corp.

Petition for issuance of a Writ of Kalikasan and Temporary Environmental Protection Order (TEPO) filed November 15, 2010.
Petitioners: West Tower Condominium Corporation (on behalf of its residents), residents of Barangay Bangkal, and several NGOs.
Respondents: First Philippine Industrial Corporation (FPIC), First Gen Corporation (FGC), and their directors and officers.

White Oil Pipeline (WOPL), 117 km (Batangas–Pandacan), carrying diesel, gasoline, jet fuel, kerosene.
Black Oil Pipeline (BOPL), 105 km (Batangas–Sucat), carrying bunker fuel.

May 2010: residents of West Tower Condominium detected gas odor; July 10, 2010: leak discovered in basement sump.
Leak escalated from 2 drums/day to 15–20 drums/day; condominium power shut off; residents evacuated July 23, 2010.
October 28, 2010: UP-NIGS confirmed WOPL leak 86 m from West Tower; FPIC admitted the leak October 29, 2010.

FPIC and FGC filed verified returns denying liability and disputing petitioners’ capacity.
FPIC submitted pipeline integrity and preventive maintenance reports (pressure tests, borehole tests, cathodic protection, pig runs, patrols, coordination with DPWH/MMDA, security signs, isolation valves).
April 15, 2011: ocular inspection found no additional leaks.
May 31, 2011: Court clarified TEPO covers only WOPL; BOPL may resume operations.
Petitioners filed omnibus motions challenging BOPL reopening and environmental remediation plan.
FPIC sought leave to undertake a “Bangkal realignment” to replace the leaked segment; petitioners opposed.

Case remanded to CA; hearings held with amici curiae (UP-NIGS, UP-ICE, Dr. De Jesus, Engr. Rabino).
December 21, 2012: CA Report and Recommendation:

NGOs with juridical personality may join as petitioners.
FPIC to secure DOE certification of WOPL safety for commercial operation (adopting leak-detection systems; replacing patched segments) within 60 days or face permanent TEPO.
Denied creation of special trust fund.
FGC not solidarily liable; individual directors/officers not liable in this proceeding.

Petitioner’s motions for partial reconsideration; FPIC submitted DOE certification (Jan 22, 2013); petitioners contested its sufficiency.
July 30, 2013: SC adopted CA recommendations, directing DOE to consult DOST on leak detection and replacement of sleeves/patches.
October 25, 2013: DOE issued certification declaring WOPL safe subject to conditions (monitoring, boreholes, pressure tests, cathodic protection, pig runs).
August 5, 2014: DOE letter prescribing timetable and detailed preparatory activities for WOPL test run and actual test run.
June 16, 2015: SC Decision denying partial reconsideration, partly granting other motions, adopting CA Report with modifications:

DOE to oversee preparatory activities (boreholes, pig runs, inspections, calibration).
Actual test run and DOE determination on reopening or closure.
Post-reopening PIMS compliance by FPIC (daily patrols, borehole monitoring, monthly reports to DOE, DOST, DENR, DPWH, petitioners, SC).
FPIC to complete environmental remediation of Barangay Bangkal under DENR supervision.
Inter-Agency Committee on Environmental Health to evaluate remediation plan.
Prayer for special trust fund denied; liability of directors/officers to be determined in pending civil/criminal cases.

Whether West Tower Condominium Corporation, Barangay Bangkal residents, and the intervening NGOs have legal capacity and are real parties-in-interest.
Whether the TEPO should be converted into a Permanent Environmental Protection Order (PEPO) or lifted in light of the DOE certification of WOPL safety.
Whether a special trust fund should be created for future contingencies.
Whether FGC and the individual directors/officers of FPIC and FGC may be held liable under the environmental protection order.