A group of Manila residents on Monday asked the Supreme Court to uphold their right under the Initiative and Referendum Act (RA 6735) by compelling the Commission on Election (Comelec) to start a referendum to relocate the oil depots in Pandacan outside Metro Manila.

This after the Comelec earlier dismissed the petition for the exercise of initiative to repeal Manila City Ordinance 8187 filed by the group Manila Kontra Abuso (MKA) for having been filed out of time.

The ordinance allowed the oil depots (owned by Chevron, Petron and Pilipinas Shell) to stay despite its threat to nearby residents in the event of a terrorist attack allegedly in violation of the right of nearby residents to health and safety.

The poll body ruled that the period to exercise the power had already lapsed. Comelec added that the power of initiative may be exercised within 30 days from the submission of the petition if no favorable action has been taken by the Sanggunian concerned.

Having filed their petition with the Sangguniang Panlungsod (city council) on June 23, 2009, Comelec ruled that the notice to exercise the power of initiative should have been filed on or before July 23, 2009. Failing that, the Comelec said the power of local initiative can no longer be exercised this year as provided in Sec. 124 (a) of the Local Government Code.

In a 23-page petition for certiorari and mandamus, MKA through its counsel Vladimir Cabigao asked the High Tribunal to rule on the proper interpretation of Section 122 of the Local Government Code as to when to invoke the right to initiative before the Sanggunian Panlunsod and the Comelec.

“The petition submitted to the Council last June 23 has two thousand signatures of registered voters for the ordinance’s revocation. The Council has 30 days to take favorable action. Comelec wrongfully says we should have submitted the petition within that 30-day period. Comelec misinterpreted the laws which say the Council has 30 days to take favorable action. The Council has to take action first, before we can submit our petition,” the petitioners insisted.