Garcia v. J.G. Summit Petrochemical Corporation, G.R. No. 127925, 27 February 2007

05 Mar




The petitioner’s motion for partial reconsideration asks this Court to rule on his contention that the transfer of the Bataan (now Luzon) Petrochemical plant site from Bataan to Batangas violates PD Nos. 949 and 1803 reserving a 576-hectare site in Limay, Bataan as a “petrochemical industrial zone” and placing it under the administration, management and ownership of the Philippine National Oil Company (PNOC).


Whether Presidential Decree (P.D.) Nos. 949 and 1803, the laws creating a petrochemical complex in Limay, Bataan, prohibit the establishment of a petrochemical facility outside of it.



NO.[P].D. Nos. 949 and 1830 do not prohibit the establishment of a petrochemical plant outside of Limay, Bataan. A meticulous perusal of the two decrees reveals that nowhere in their provisions is it stated or can it be inferred that all petrochemical plants must be established in Limay, Bataan or, stated differently, that Bataan is intended to be the only site for all petrochemical plants.What is clear then is that the law reserved an area for a petrochemical industrial zone in Bataan and that PNOC was to operate, manage and develop it. There is, however, nothing further in the law to indicate that the choice of Limay, Bataan as a petrochemical zone was exclusive.

Leave a comment

Posted by on March 5, 2016 in Case Digests, Investment Law


Tags: , , , ,

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: