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West Tower Condominium Corporation vs. First Philippine Industrial Corporation [DISSENTING OPINION, LEONEN, J.]

WEST TOWER CONDOMINIUM CORPORATION, ON BEHALF OF THE RESIDENTS OF WEST TOWER CONDOMINIUM AND IN REPRESENTATION OF BARANGAY BANGKAL, AND OTHERS, INCLUDING MINORS AND GENERATIONS YET UNBORN, PETITIONERS, VS. FIRST PHILIPPINE INDUSTRIAL CORPORATION, FIRST GEN CORPORATION AND THEIR RESPECTIVE BOARD OF DIRECTORS AND OFFICERS, JOHN DOES, AND RICHARD DOES, RESPONDENTS. [DISSENTING OPINION LEONEN, J.]

G.R. No. 194239 | 2015-06-16

DISSENTING OPINION
 
LEONEN, J.:
 
I dissent.
 
The Writ of Kalikasan has served its functions and, therefore, is functus officio. The leaks have been found and remedied. The various administrative agencies have identified the next steps that should ensure a viable level of risk that is sufficiently precautionary. In other words, they have shown that they know what to do to prevent future leaks. The rest should be left for them to execute.
 
The ponencia, by asking the Department of Energy and respondent First Philippine Industrial Corporation to repeat their previous procedures,[1] implies that our function is to doubt that...