Leaders of a movement pushing the removal of the Pandacan oil depot in Manila said on Tuesday they will ask the Supreme Court (SC) to compel the Commission on Elections (Comelec) in authorizing a people’s initiative to repeal an ordinance, which allows the continued operation of the depot.

Councilor Ma. Lourdes “Bonjay” Isip-Garcia (Manila, 6th District) said that the petitioners of the People’s Initiative Against Ordinance 8187 will soon ask the Supreme Court (SC) to issue a mandamus order against the Comelec.

Garcia made the announcement after the Comelec denied a petition to conduct the people’s initiative on grounds of technicality.

The Comelec said that since the petition was submitted to the Manila City Council on June 23, it should have been submitted to Comelec on or before July 23 or within the 30-day period prescribed by the rules. It was learned that the petition was submitted to Comelec only last August 25.

The petition aims to revoke Ordinance 8187 that allows the Pandacan oil depots operated by Chevron, Petron and Pilipinas Shell to continue operation despite claims that the facility emits highly pollutive and extremely hazardous materials.

The issue has sparked controversy and drawn flak from environment groups who alleged that the depot poses a threat to the lives and health of Manila residents.

They also cited the danger of a terrorist attack that will threaten the lives of residents around the depot.

Isip-Garcia said the Comelec misinterpreted both the spirit and the letter of the law since the law provides that the city council has 30 days to take favorable action.

“Comelec now says we should have submitted the Petition within the 30-day period. This is wrong, because the law says that the Council has 30 days to take favorable action. The 30-day period to take action is a time limit imposed upon the Sangguniang concerned, not the Petitioners,” the councilor insisted.