BY EVANGELINE DE VERA

THE Supreme Court yesterday dismissed for lack of merit a petition of Bataan Gov. Enrique "Tet" Garcia which sought to declare his province as the exclusive site for petrochemical plants.

In a 19-page decision, the SC’s Second Division affirmed the Jan. 21, 1997 ruling of the Court of Appeals which dismissed Garcia’s petition questioning the putting up of a petrochemical plant by J.G. Summit Petrochemical Corp., in Barangay Simlong, Batangas City.

The Court denied Garcia’s contention that it has already ruled in the previous case that he filed against the Board of Investments (BOI) that the petrochemical industry must be located in the Bataan petrochemical zone.

The SC nullified the BOI approval of the amended certificate of registration of the Luzon Petrochemical Corp. (LPC) and maintained its original certificate of registration with Bataan as the plant site.

"What this Court declared in that case was that the plant site of the LPC should be in Bataan, given the peculiar factual circumstances and issues related to the proposed transfer," the SC said.

The SC agreed with the CA which held that the BOI decision is "replete with details" on why J.G Summit should be allowed to build its naphtha cracker facility in Batangas City.

The high court junked the contention of Garcia that PDs 949 and 1803, the laws creating a petrochemical complex in Limay, Bataan, prohibit the establishment of a petrochemical facility outside it.

It explained that PD 949 transferred from the National Development Corp. the "administration, management, and ownership" of the 418 hectare-land at Lamao, Limay, Batan, to the PNOC for it to manage, operate and develop into a petrochemical industrial zone.

The Court further said that the law only reserved an area for a petrochemical industrial zone but did not indicate Bataan as the exclusive petrochemical zone.

It said PD 1803 only amended PD 949 by enlarging by 188 hectares the area reserved for the petrochemical industrial zone.

Records showed that J.G. Summit Petrochemical, a registered domestic producer of polyethylene and polypropylene resins, was issued with a certificate of registration by the BOI on May 24, 1994.

As a pre-registration condition, it was required to submit to the BOI the exact location of its plant within 90 days from the date of the approval of its application.

In a letter dated May 11, 1994, the company informed the BOI that its plant will be located in Barangay Alangilanan, Manjuyod, Negros Oriental.

On Jan. 29, 1996, however, it advised the BOI in writing that its plant site will be located in Barangay Simlong, Batangas instead of Negros Oriental.