JUSTICE, NOT REVENGE: Let us just wait for the Supreme Court to rule, possibly today, on a petition of Rep. Gloria Arroyo for the lifting of a Department of Justice order barring her from going abroad for treatment of a life-threatening ailment.

After consulting President Noynoy Aquino, Justice Secretary Leila de Lima ordered the placing of Ms Arroyo on a watch list that, even if not exactly a hold-departure order, effectively prevents her from leaving the country.

Above the din of debate, Lingayen-Dagupan Archbishop Socrates B. Villegas advises: “Prosecution for various wrongdoings must be carried out to the full, but such must be done in pursuit of justice, not revenge. Political vendetta divides even more.”

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DC-41 CHALLENGED: The legal basis of De Lima’s action was DoJ Circular No. 41 issued in 1997 and revised a number of times until 2010. In her petition, Ms Arroyo asked the High Court to nullify DC-41.

The justice secretary also relied on the professional opinion of Health Secretary Enrique Ona that there was no “immediate necessity” or “life-threatening” reason for Ms Arroyo’s treatment outside the country.

But Ona, who was executive director of the National Kidney and Transplant Institute before he was appointed health secretary, is not exactly an authority on bone-related medical conditions.

The way the case has developed, according to Ms Arroyo’s spokesperson Len Bautista-Horn, the situation now transcends medical considerations. The main issue now, she says, is the constitutional right of every Filipino to travel.

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RIGHT TO TRAVEL: To help readers understand the legalities involved, we quote in full Section 6 of Article III (Bill of Rights), which provides:

“The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.” (Emphasis supplied)

It is generally held that a person facing charges can be validly prevented from leaving the country by order of a competent court. Until yesterday, however, there was still no court order barring the departure of Ms Arroyo. She is not facing any charge in any court.

It is also granted that administratively, the DoJ may prevent departure “in the interest of national security, public safety, or public health,” as cited in Section 6. But the legality of DC-41, which De Lima invoked, has been questioned before the SC.

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GAS LEAK REVISITED: Remember the leak of noxious gas from a fuel pipeline into the West Tower condominium and vicinity near the Osmeña highway overpass in Bangkal, Makati?

The affected residents have sued the owners of the 117-kilometer Batangas-to-Manila pipeline for damages running to P2.3 billion, from which their lawyer could get a fee of around P200 million.

Although the pipeline owners – the First Philippine Industrial Corp. (60 percent) and Shell UK-Chevron (40 percent) — are amenable to possible settlement, they reportedly find P2.3-billion damage claim somewhat too much.

The problem appears to be heading into a protracted battle – both in the courts and in the so-called court of public opinion — given the propaganda of both sides.

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MISLEADING: The FPIC has engaged the services of CH2MHILLPhilippines Inc. (CH2), a remediation engineering specialist, after the discovery of the leak last year. The firm specializes in environmental engineering and site cleanup.

These past days, reports from the West Tower residents and their lawyers were, according to FPIC, not consistent with the official report on the actual cleanup and rehabilitation.

There was also a press release citing a non-government “collective” as dragging into the dispute a member of the Lopez family, which controls FPIC. But calls to the supposed issuer of the statement were left unanswered and the organization mentioned could not be located.

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INTER-AGENCY APPROACH: Checking with FPIC, we were offered documents on the progress of the ongoing remediation and rehabilitation as validated by third party experts from government agencies.

The official reports said that as early as November 2010, FPIC requested assistance from the Inter-Agency Committee on Environmental Health (IACEH) created to enable coordination with agencies in the approval, implementation and monitoring of remediation plans.

The IACEH consists of representatives from the DoH, DENR, Department of Energy, Makati City, Department of Science and Technology and other government agencies.

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CONTAMINATED AREA: The CH2 firm initially assessed the area to create a conceptual site model of the geological features of the place to appreciate more clearly the size, potential movement and chemical makeup of the contaminants in the soil and groundwater.

The site model is now the basis for the long-term remediation strategy, including the design of the extraction system and the health risk assessment being done by CH2MHILL’s experts in the United States, in collaboration with other technical groups.

Laboratory tests on the groundwater and soil samples showed that the area affected is around 6,000 square meters. The contamination has settled under the South Superhighway and the nearby service road.

The contaminants, consisting of groundwater and oil residues, are within a 7,000-square-meter area outside the main area affected.

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ERRATUM: Before somebody jumps on us, we correct our erroneous report last Tuesday that the loan for the NorthRail project to link Metro Manila and the international airport at Clark Field in Pampanga was secured from Japan. It was secured from China.

Although initiated by the Arroyo administration, NorthRail is being continued by President Aquino. As the rail line can be completed only after 2016, when Mr. Aquino’s term ends, there is a plan to build a fastlink in the middle of the North Luzon Expressway that can be finished for less and much faster.