Social Justice Society, et al.

vs.
Atienza, Jr.
GR No. 156052 February 13, 2008
By Richard Troy A. Colmenares
USA College of Law
Started: 7/3/14 10:00:00 PM
Ended: 7/3/14 11:24:17 PM
Nature of the Case
An original petition for mandamus seeking respondent mayor to implement the ordinance.

Facts
The Ordinance [Ordinance No. 8027] was passed [28 November 2001] reclassifying portions of Sta. Ana and Pandacan from industrial to
commercial, thereby directing the owners and operators of business establishments to cease and desist from their operations within half a
year from effectivity [28 December 2001] thereof. The City of Manila and DOE entered [26 June 2002] in an MOU with the oil companies
agreeing that "the scaling down of the Pandacan Terminals [was] the most viable and practicable option, manifesting commitments
1

of each of the contracting parties. The Sangguniang Panglungsod ratified [through Resolution No. 97] the MOU [effective for only six months
beginning 25 July 2002], extended [on 30 January 2003] the validity of Resolution No. 97 [for another three months (until 30 April 2003)] -
authorizing therein respondent Atienza to issue special business permits to the oil companies and calling for a reassessment of the
ordinance. Respondent mayor, instead of ordering the removal of the oil companies allowed them to stay. Thus, petitioners filed this original
petition for mandamus, asserting that respondent is legally [Section 455 (b) (2) of the Local Government Code (RA 7160)] mandated to
implement the Ordinance, whereas respondent avers that the Ordinance has been superseded by the MOU [although he contradictorily
asserts that the latter has not amended the former and maintains that the latter be considered as a mere guideline].

Issue(s)
(1). Will mandamus lie for the petitioners?
(2). Is the enforcement of the Ordinance is mandatory?
(3). Did the MOU amend or repeal the Ordiance?

Held
(1). Yes.

Mandamus is filed when a person neglects to perform a lawful duty [already existing] imposed on him and there is no other plain,
speedy and adequate remedy in the ordinary course of law. It will not lie when the assertion is questionable or has substantial
doubt. Petitioners have the clear and legal right for the endorcement of the ordinance because they are a registered political party
in the COMELEC and they have many members in Manila [among the petitioners there being two]. Thus, they are parties in
interest. Further, respondent did not question the petitioners right to institute this proceeding.

(2). Yes.

RA 7160 (LGC) imposes upon respondent Atienza to enforce all laws and ordinances relative to the governance of the city unless
the same has been repealed by the Sanggunian or annulled [declared unconstitutional] by the courts. His duty is ministerial. He has
no other choice but to implement it.

(3). No.

Court declined to resolve the issue. Assuming however that the MOU did repeal the Ordinance, the same is however effective only
until 30 April 2002. Thus, there is no legal impediment to support the claim that the MOU amended the Ordinance.

NOTES:
Affected, among others, were the three major oil companies [Chevron, Petron and Shell] which questioned the validity of the
ordinance, asserting their property rights and losses they would incur as a result of relocation. The Court ruled that the right to life
enjoys precedence over the right to property based on the hierarchy of constitutional rights. Motions for reconsideration were
denied by the Court re-emphasizing the earlier decision.
Ordinance No. 8027 was enacted right after the Philippines, along with the rest of the world, witnessed the horror of the September
11, 2001 attack on the Twin Towers of the World Trade Center in New York City. 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.
No reason exists why such a protective measure should be delayed.

! #$%%&'%()' $* +&, #$%-.)&(/ #$%%&'%()' $* 012 .)3 4+5
6(7'&$) !8 - Consistent with the objectives stateu above, the 0IL C0NPANIES shall, upon signing of this N00, unueitake a
piogiam to scale uown the Panuacan Teiminals which shall incluue, among otheis, the immeuiate iemovaluecommissioning
piocess of TWENTY EIuBT (28) tanks staiting with the LPu spheies anu the commencing of woiks foi the cieation of safety
buffei anu gieen zones suiiounuing the Panuacan Teiminals. xxx
6(7'&$) 98 - Consistent with the scale-uown piogiam mentioneu above, the 0IL C0NPANIES shall establish joint opeiations anu
management, incluuing the opeiation of common, integiateu anuoi shaieu facilities, consistent with inteinational anu uomestic
technical, safety, enviionmental anu economic consiueiations anu stanuaius. Consequently, the joint opeiations of the 0IL
C0NPANIES in the Panuacan Teiminals shall be limiteu to the common anu integiateu aieasfacilities. A sepaiate agieement
coveiing the commeicial anu opeiational teims anu conuitions of the joint opeiations, shall be enteieu into by the 0IL
C0NPANIES.
6(7'&$) :8 - The uevelopment anu maintenance of the safety anu gieen buffei zones mentioneu theiein, which shall be taken
fiom the piopeities of the 0IL C0NPANIES anu not fiom the suiiounuing communities, shall be the sole iesponsibility of the 0IL
C0NPANIES.

6(7'&$) !8 - The City Nayoi shall enuoise to the City Council this N00 foi its appiopiiate action with the view of implementing
the spiiit anu intent theieof.
6(7'&$) 98 - The City Nayoi anu the B0E shall, consistent with the spiiit anu intent of this N00, enable the 0IL C0NPANIES to
continuously opeiate in compliance with legal iequiiements, within the limiteu aiea iesulting fiom the joint opeiations anu the
scale uown piogiam.
6(7'&$) :8 - The B0E anu the City Nayoi shall monitoi the 0IL C0NPANIES' compliance with the piovisions of this N00.
6(7'&$) ;8 - The CITY 0F NANILA anu the national goveinment shall piotect the safety buffei anu gieen zones anu shall exeit all
effoits at pieventing futuie occupation oi encioachment into these aieas by illegal settleis anu othei unauthoiizeu paities.