Republic of the Philippines

SUPREME COURT OF THE PHILIPPINES

Manila, Philippines
JUAN DELA CRUZ et. al.,
Petitioner,
-versus-

G. R. No. 7573
For: Certiorari and
Prohibition and Continuing
Mandamus

MALAGKIT OIL CORPORATION,

THE CITY GOVERNMENT OF
PUERTO PRINCESA,
Respondent.
x----------------------------------------------x
MEMORANDUM FOR PETITIONER
PETITIONER, by counsel and in compliance with the resolution dated March 16, 2015 to
file the respective memoranda of the parties, to this Honorable Court, respectfully submits this
Memorandum for Petitioner.
STATEMENT OF THE CASE
This is a petition for Certiorari and Prohibition to enjoin the private respondent from
continuing with the construction of a gasoline refilling station along Rizal Avenue, City of Puerto
Princesa, the site of which is surrounded by business establishments and residential houses,
endangering the health and well-being of persons staying within the immediate area. Likewise,
this petition aims to prevent the City Government of Puerto Princesa from indiscriminately
issuing business and/or safety and health permits to oil companies, without regard for the
possible negative effects of such refilling stations to the surrounding areas and in violation of
existing environmental laws.
STATEMENT OF THE FACTS
1.
On November 12, 2012, in Puerto Princesa City, the respondent
constructed a gasoline station along Rizal Avenue as evidenced by a _____ permit, herein
referred to as Annex A, which was issued by the City Government of Puerto Princesa.
2.
Due to the establishment of the said gasoline station on November 12, 2012, the
petitioner filed a letter of protest to the Office of the City Mayor to prohibit the construction of
the gasoline station mentioned above on December 1, 2012, herein referred as Annex B.
Despite the opposition, the Office of the City Mayor still issued the ____ permit.
3.
The petitioner initiated an action for prohibition and certiorari under Rule 65 against the
respondent on December 15, 2012. No compromise or settlement was made during the
preliminary conference and pre-trial. The case was then heard, wherein the parties were made to
present their respective evidences. The petitioner presented Annex A as evidence of ______,
while the respondent presented _______________.
4.
The Trial Court gave more weight to the evidences presented by the respondent, and
rendered a decision in favor of the respondent on the ground that no law was violated, and due to

the presumption of the validity of the permit. The petitioner filed a verified petition and with a
copy being served with the respondents counsel within the prescribed period by the rules.
STATEMENT OF THE ISSUES
1. Whether the Trial Court gravely erred in upholding the validity of the permits issued by
the City Government of Puerto Princesa in favor of the private respondent, and;
2. Whether the Trial Court erred in not recognizing the imminent danger that gasoline
refilling stations poses to the health and property of residents and business owners in
areas near gasoline refilling stations.
ARGUMENT
1. The Trial Court gravely erred in upholding the validity of the permits issued by the City
Government of Puerto Princesa in favor of the private respondent. In issuing the permits, the
City Government must exercise its prerogative in pursuance of the doctrine of parens patriae and
the general welfare clause of the Republic Act 7160, or the Local Government Code, which
states that:
Section 16. Every local government unit shall exercise the powers expressly granted,
those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for
its efficient and effective governance, and those which are essential to the promotion of the
general welfare. Within their respective territorial jurisdictions, local government units shall
ensure and support, among other things, the preservation and enrichment of culture, promote
health and safety, enhance the right of the people to a balanced ecology, encourage and support
the development of appropriate and self-reliant scientific and technological capabilities, improve
public morals, enhance economic prosperity and social justice, promote full employment among
their residents, maintain peace and order, and preserve the comfort and convenience of their
inhabitants.
Contrary to this provision, the Local Government of Puerto Princesa issued building,
business, safety and health permits in favor of the private respondent for the construction and
operation of a gasoline refilling station in a densely populated area. It is beyond doubt that the
place where the gasoline refilling station was constructed is surrounded by residential houses and
other business establishments within a hundred meters. Due to the existence of such structures
around it, it is unavoidable for the persons occupying them to perform necessary activities which
may ignite the oil products stored in the station, such as cooking, smoking, or lighting candles
during power outages. The close proximity of the respondents gasoline station exposes the
surrounding area to further danger of uncontrolled fire or explosions. The city government failed
to perform its duty of protecting its constituents as mandated by the Local Government Code by
issuing the necessary permits to the private respondent without due regard to the possible
disastrous effects that a gasoline station may have.
The issuance of the permits is likewise violative of Republic Act 9514, otherwise known
as the Fire Code of the Philippines. Under the code, it is unlawful to obstruct or block fire exits
which may be used on the occasion of fire, or to obstruct the operation of Fire Services. To put a
gasoline station in a place where structures are closely built together, it will naturally make it
difficult for the persons occupying them to exit from such structures in view of the magnitude of
a fire caused by burning gasoline. Likewise, the abundance of people regularly visiting or
passing through the area, together with the narrow passages, will definitely impede the actions of
the Bureau of Fire in case such a disaster strikes.
It is admitted by the petitioner that oil products are necessary for industrial and
commercial development. However, it is readily observable that there are more gasoline stations
operating within the city than what is necessary to achieve the said goals. Currently, there is a
gasoline station within an average of five hundred meters of each other, which can more than
amply supply the needs of the local populace and establishments, and there is no need for more.

Since the need for such products are already satisfied, there is no justification to use development
as an excuse in sacrificing the life, safety and security of the people. In issuing permits, the local
government must consider the welfare of the inhabitants within its territorial jurisdiction, and not
merely the business interests of the persons concerned.
It is likewise observed by the petitioner that there is no existing general statute which
directly regulates the construction and operation of gasoline stations and other oil storage
establishments. Regulation, as of this moment, depends merely on local ordinances passed by the
respective sangguinians, such as zoning ordinances. However, a zoning ordinance merely
determines the use of a specified area of land categorized as residential, commercial and
industrial. There is no provision in such ordinances of safety and health measures that each
occupant of the land must make according to the activities they perform. Further, the passing of
an ordinance providing details to the said measures are currently within the discretion of the
local legislative bodies, who may or may not enact them. It will all depend on the will of the
members of the sanggunian, who may likewise have personal or business interests at stake
regarding such establishments, aside from the lack of political will. Lastly, the local government
may not have the sufficient technical knowledge or resources to acquire the necessary knowledge
that may guide them in formulating such an ordinance. Therefore, it is submitted that there is a
need for a national legislation enacted by Congress which provides for a uniform and standard
regulation for the construction and operation of gasoline refilling stations.
2. The Trial Court also erred in not recognizing the dangers that oil products pose on human health
and on the environment. Gasoline, and other oil products for that matter, is scientifically proven
to be poisonous to humans. The threats to human life of oil products may be summarized as
follows:
Gasoline is considered dangerous for your health because it is poisonous. Exposure to
gaseither through physical contact or inhalationcan cause health problems. The effects of
gasoline poisoning can harm every part of the body. It is important to practice and enforce safe
gas handling to prevent poisoning.

Swallowing gasoline can cause a wide range of problems to vital organs. Symptoms of
gasoline poisoning may include: breathing difficulties, throat pain, burning in the esophagus,
abdominal pain, vision loss, vomiting (with blood), bloody stools, dizziness, severe headaches,
extreme fatigue, convulsions, body weakness, unconsciousness.

When gasoline comes into contact with your skin, you may experience red irritation or
burns.

Gasoline is a necessity in many industries. Gas is the primary fuel used to make most
engine-powered vehicles work. In the past, gas was considered far more carcinogenic than it is
today. It is the hydrocarbon components of gasoline that make it poisonous. Hydrocarbons are a
type of organic substance made up of hydrogen and carbon molecules. They can be found in all
sorts of modern substances, including motor oil, lamp oil, kerosene, paint, rubber cement, and
lighter fluid. Gas contains methane and benzene, which are dangerous hydrocarbons.

Perhaps one of the greatest risks of gasoline is the harm it can do to your lungs when
fumes are inhaled. Direct inhalation can cause carbon monoxide poisoning, which is why you

shouldnt run a vehicle in an enclosed area, such as a garage. Long-term exposure in the open
can also damage your lungs.

Pumping gasoline into your gas tank isnt generally harmful. However, accidental liquid
exposure can harm your skin.

Accidental gasoline consumption is far more prevalent than intentionally swallowing the
liquid.

Gasoline can adversely affect your health in both liquid and gas form. Swallowing
gasoline can damage the inside of your body and cause permanent damage to major organs. If a
large amount is swallowed, it can cause death.

Carbon monoxide poisoning is of particular concern. This is especially the case if you
work in industries where you operate gasoline-powered machines on a regular basis. According
to the Centers for Disease Control and Prevention, small, gas-powered engines are especially
harmful because they emit more poisons (CDC, 2012). Carbon monoxide is both invisible and
odorless, so you may breathe it in in large quantities without even knowing it. This can cause
permanent brain damage and even death.

While gasoline carries immediate dangers, the health implications can be carried over
several years. When you are regularly exposed to fumes from gasoline or diesel (another fuel
containing hydrocarbons that is a byproduct of gasoline, used primarily by trains, buses, and
farm vehicles), your lungs may start to deteriorate over time. In fact, a 2012 study by the World
Health Organization found an increased risk of lung cancer in people who are regularly exposed
to diesel fumes (WHO, 2012)1
There is therefore a need to strategically place these establishments in areas where there
can be maintained a minimum contact between humans and petroleum products. As can be
gleaned from the following precepts, gasoline stations must be located outside of densely
populated areas if great adverse effects are to be avoided:
In Spain, especially in urban areas, it is common to see gas stations surrounded by
houses. However, a research conducted by University of Murcia (UM) discovered potentially
harmful effects to health of contamination at gas/petrol stations, particularly in buildings less
than 100 metres away from such service stations. They found dangerous airborne pollutants from
garages could contaminate buildings as far as 100m away.
According to Marta Doval, co-author of the study and a researcher at the UM, "Some
airborne organic compounds -- such as benzene, which increases the risk of cancer -- have been
1 http://www.healthline.com/health/gasoline,
http://www.ccohs.ca/oshanswers/chemicals/chem_profiles/gasoline.html

recorded at petrol stations at levels above the average levels for urban areas where traffic is the
primary source of emission."
The study, which has been published in the Journal of Environmental Management,
shows that the air at petrol stations and in their immediate surroundings is affected by emissions
stemming from evaporated vehicle fuels (unburnt fuels from fuel loading and unloading
operations, refuelling and liquid spillages).
The research team measured the levels of "typical traffic" pollutants in different parts of
the urban area of Murcia, and calculated the quotients for the levels of an aromatic compound
(benzene) and a hydrocarbon (n-hexane) at three Murcia petrol stations (near the petrol pumps
and surrounding areas) to find the distance at which the service stations stop having an impact.
"In the three cases studied we obtained maximum distances of influence of close to 100 metres,
although the average distance over which this contamination has an effect is around 50 metres,"
Enrique Gonzlez, the UM researcher who led the research team, said.
However, the distances depend on the number of petrol pumps, the amount of fuel drawn
from them, traffic intensity, the structure of the surroundings, and weather conditions.
According to the researcher, "the more contaminated the zone surrounding the petrol station as a
result of other causes (traffic), the lower the impact of the two pollutants at the service station."
If traffic in the area surrounding the petrol station is very intense, and exceeds the emissions
from the station itself, pollution at the service station is "overlapped and goes unnoticed" over
short distances.
The research study shows that a "minimum" distance of 50 metres should be maintained
between petrol stations and housing, and 100 metres for "especially vulnerable" facilities such
as hospitals, health centres, schools and old people's homes. "Ideally, the 100 metre distance
should be respected in plans for building new houses," says Doval.
The researchers propose carrying out this study at new construction areas in which it is planned
to build these kinds of facilities.

With said distances in mind, some authorities advise people to avoid living near a
gasoline station as a precautionary measure. Despite all the modern health and safety
guidelines they must follow, gas stations can still pose significant hazards to neighbors,
especially children. Some of the perils include ground-level ozone caused in part by gasoline
fumes, groundwater hazards from petroleum products leaking into the ground, and exposure
hazards from other chemicals that might be used at the station if its also a repair shop.

Gasoline vapors and the nearly odorless hydrocarbon fumes containing harmful
chemicals like benzene which can be released into the air, are not the only things we must be
concerned about. Underground gasoline storage tanks can also be a problem. In the United
States, many lawsuits were filed against oil firms by people whose soil and groundwater were
fouled by a gas stations leaking underground storage tank. In the past, most tanks were made of
uncoated steel, which will rust over time. Also, pipes leading to the tanks can be accidentally
ruptured.2

2 http://www.sciencedaily.com/releases/2011/02/110204130315.htm http://www.ncbi.nlm.nih.gov/pubmed/23625119

There is likewise the risk of irreparable damage to the environment caused by oil
products in the event that they spill from their containers. The possible environmental effects are
illustrated in the following article:
Gasoline is highly explosive, and can be very dangerous if proper safety precautions are
not followed. The most prevalent risks associated with gas station environment hazards are fires
and explosions. There are recorded gas station fire incidents. Gas station fires most frequently
result from sparks that lead to fuel explosions and static electricity that ignites fuel vapors. Gas
stations pollute their immediate surroundings based on a Spanish study findings on February 5,
2011.
The pollution released at gas stations is mainly due to the following: Accidental leaks
and spill, Gas station pollution violations, and Gas Station Normal Operation. "Some airborne
organic compounds -- such as benzene, which increases the risk of cancer -- have been recorded
at petrol stations at levels above the average levels for urban areas where traffic is the primary
source of emission," Marta Doval, co-author of the study and a researcher at the UM, said. The
study, which has been published in the Journal of Environmental Management, shows that the
air at petrol stations and in their immediate surroundings is affected by emissions stemming from
evaporated vehicle fuels (unburnt fuels from fuel loading and unloading operations, refuelling
and liquid spillages). Ozone pollution is caused by a mixture of volatile organic compounds,
some of which are found in gasoline vapors, and others, like carbon monoxide, that come from
car exhaust. Most gas pumps today must have government-regulated vapor-recovery boots on
their nozzles, which limit the release of gas vapors while one is refueling his car. A similar
system is used by the station when a tanker arrives to refill the underground tanks. But if those
boots arent working properly, the nearly odorless hydrocarbon fumes, which contain harmful
chemicals like benzene, can be released into the air. Higher ozone levels can lead to respiratory
problems and asthma, while benzene is a known cancer-causing chemical, according to the
National Institutes of Health (NIH). The quest to reduce ozone levels has led the state of
California to implement a more stringent vapor-recovery law, effective April 1, 2009, which
requires that all gasoline pumps have a new, more effective vapor-recovery nozzle.
Researchers have studied the effects of contamination at gas stations that is potentially
harmful to health, which can be noted in buildings less than 100 meters from the service stations.
Despite all the modern health and safety guidelines they must follow, gas stations can still pose
significant hazards to neighbors, especially children. Some of the perils include ground-level
ozone caused in part by gasoline fumes, groundwater hazards from petroleum products leaking
into the ground, and exposure hazards from other chemicals that might be used at the station if
its also a repair shop.
Underground gasoline storage tanks can also be a problem. The U.S. Environmental
Protection Agency (EPA) estimates that there are some 660,000 of them from coast-to-coast.
Many a lawsuit has been filed against oil firms in communities across the country by people
whose soil and groundwater were fouled by a gas stations leaking underground storage tank. In
the past, most tanks were made of uncoated steel, which will rust over time. Also, pipes leading
to the tanks can be accidentally ruptured. When thousands of gallons of gasoline enter the soil,
chemicals travel to groundwater, which the EPA says is the source of drinking water for nearly
half the U.S. If buying a home, consider its potential loss in value if a nearby underground
storage tank were to leak. Gasoline additives such as methyl tertiary-butyl ether (MTBE), which
has been outlawed in some states, make the water undrinkableand that is only one of 150
chemicals in gasoline. Repeated high exposure to gasoline, whether in liquid or vapor form, can
cause lung, brain and kidney damage, according to the NIHs National Library of Medicine.3
3 http://proceedings.esri.com/library/userconf/proc13/papers/980_191.pdf

http://www.environmentalpollutioncenters.org/gas-stations/
http://safety.lovetoknow.com/Gas_Station_Environment_Hazards
http://www.sciencedaily.com/releases/2011/02/110204130315.htm
http://www.scientificamerican.com/article/is-it-safe-to-live-near-gas-station/

Due to the scientifically proven adverse effects that gasoline and other oil products may
have not just on human health but also the environment, the government, particularly those
governing a locality, must be compelled to perform its functions and exercising extraordinary
diligence in the regulation of refilling stations and storage establishments. As of the moment,
there is no other speedy and adequate remedy for the petitioners but the writ of continuing
mandamus, as provided in the Rules of Procedure in Environmental Cases:
Section 1. When any agency or instrumentality of the government or officer thereof
unlawfully neglects the performance of an act which the law specifically enjoins as a duty
resulting from an office, trust or station in connection with the enforcement or violation of an
environmental law rule or regulation or a right therein, or unlawfully excludes another from the
use or enjoyment of such right and there is no other plain, speedy and adequate remedy in the
ordinary course of law, the person aggrieved thereby may file a verified petition in the proper
court, alleging the facts with certainty, attaching thereto supporting evidence, specifying that the
petition concerns an environmental law, rule or regulation, and praying that judgment be
rendered commanding the respondent to do an act or series of acts until the judgment is fully
satisfied, and to pay damages sustained by the petitioner by reason of the malicious neglect to
perform the duties of the respondent, under the law, rules or regulations. The petition shall also
contain a sworn certification of non-forum shopping.
RELIEF
WHEREFORE, the petitioner respectfully prays that the decision rendered by the Trial Court be
reversed and set aside, and declare the issuance of the necessary permits by the Local
Government of Puerto Princesa in favor of the respondent for the construction and operation of
the gasoline station located in Rizal Avenue, Puerto Princesa City as null and void. It is likewise
prayed for that a Writ of Prohibition be issued to prohibit the public respondent from the
indiscriminate issuance of the necessary business permits in violation of existing laws,
regulations and local ordinances. It is further prayed for, that a Writ of Continuing Mandamus be
issue by this Honorable Court to enjoin the public respondent to promulgate guidelines in
accordance with existing environmental laws, regulations or ordinances and exercise
extraordinary diligence in the issuance of permits, with utmost consideration for the safety and
health of the public and the integrity of our environment. Finally, it is prayed for this Honorable
Court, by the powers vested in it by the 1987 Constitution, to recommend to Congress the
promulgation of a statute which would set uniform and minimum standards for the construction
and regulation of gasoline stations and oil storage establishments.
All other reliefs that may be just and equitable according to the circumstances are
likewise prayed for.
Puerto Princesa for Manila, March 20, 2015.
Copy Furnished:
Atty. Brad Wilk
Counsel for Respondent
Branch 52, Regional Trial Court
Puerto Princessa City
AFFIDAVIT OF PERSONAL SERVICE
I, Jimmy Santos, of legal age and residing in Bgy. San Pedro, Puerto Princesa City, after
being duly sworn, depose and say:

1. That I am the secretary and messenger of Atty. Tom Morello, and;

2. That according to the instructions given to me by Atty. Tom Morello, I have caused
the delivery of this Petition for Review to Atty. Brad Wilk at his office address in
Bgy. Tiniguiban, Puerto Princesa City February 8, 2014, and to the Clerk of Court of
Branch 52, Regional Trial Court in Puerto Princesa on the same date, and that it was
received by them on the same date.
Witness my hand on this 8th day of February, 2014.
Jimmy Santos
Messenger