SJS v.

Lim
G.R. No. 187836
November 23, 2014
Facts:
On 20 November 2001, during the incumbency of former Mayor Atienza, the
Sangguniang Panlungsod enacted Ordinance No. 8027 reclassifying the use of the
land in Pandacan, Sta. Ana, and its adjoining areas from Industrial II to Commercial I.
The owners and operators of the businesses thus affected by the reclassification
were given six months from the date of effectivity of the Ordinance within which to
stop the operation of their businesses. Writs of preliminary prohibitory injunction
and preliminary mandatory injunction were issued in favor of the oil depot
operators.
On 14 May 2009, during the incumbency of Mayor Lim, who succeeded Mayor
Atienza, the Sangguniang Panlungsod enacted Ordinance No. 8187. The new
Ordinance repealed, amended, rescinded or otherwise modified Ordinance No.
8027, Section 23 of Ordinance No. 8119, and all other Ordinances or provisions
inconsistent therewith thereby allowing, once again, the operation oil depots.
Hence, this instant petition.
Issue:
Is amendatory Manila Ordinance No. 8187, which would allow the continued
stay of oil deposits in Pandancan, valid and constitutional?
Ruling:
The same best interest of the public elaborated in G.R. No. 156052 1 guided
the Court in resolving this issue. The Pandacan oil depot remains a terrorist target
even if the contents have been lessened. In the absence of any convincing reason
to persuade this Court that the life, security and safety of the inhabitants of Manila
are no longer put at risk by the presence of the oil depots, we hold that Ordinance
No. 8187 in relation to the Pandacan Terminals is invalid and unconstitutional.

1 Ordinance No. 8027 was intended to safeguard the rights to life, security and safety of all the
inhabitants of Manila and not just of a particular class. The depot is perceived, rightly or wrongly, as a
representation of western interests which means that it is a terrorist target. As long as it (sic) there is
such a target in their midst, the residents of Manila are not safe. therefore became necessary to
remove these terminals to dissipate the threat.