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April 8 at 8:35pm ·

� � � BOTE-BOTE DE GASOLINA � � �
�(All BFP personnel, take time to read this) �
The proliferation of Petroleum Retailing in soda bottles around the country is rampant and have
caused a never-ending debate as to its safety and legality. Despite the clear and imminent hazard
posed by the handling (or mishandling) of flammable liquids in the retail business, the practice is
still being continued especially in places where no proper gas station is built. The favorite suki of
the bote-bote de gasolina are the habal-habal, the local taxi of the rural hinterlands. There must
be magic in the fumes of the bote-bote, the habal-habals are becoming stronger everyday
carrying more people than the motorcycle is actually designed for. This is good for another
article, though. For the meantime let us focus on the magic bote-bote de gasoline.
The bote-bote dilemma has already caused controversies in some local governments and the
Bureau of Fire Protection is in the thick of things, usually. Republic Act 9514 or the
Comprehensive Fire Code of the Philippines 2008, is after all not that comprehensive when it
comes to regulating the bote-bote de gasoline. Despite the refurbished Code it is found wanting
in the bottled department. But alas! the BFP Mission states that we can “enforce other fire-
related laws” in the name of public safety and interest. Since the issuance of Fire Safety
Inspection Certificate (FSIC) and other certifications from the BFP is a prerequisite to the
issuance of permits and/or licenses of LGUs and other permit-issuing offices, we still own the
authority to conduct the necessary Fire Safety Inspection. The BFP can inspect upon application
of the business establishment for FSIC, conduct periodic inspection and require safety measures
on hazardous materials. It is also authorized by the Fire Code to abate fire hazards in accordance
with the Code and other fire-related supplementary laws, rules and regulations. Lastly, the Fire
Code provides for penalties for non-compliance with Administrative Fines not exceeding fifty
thousand pesos (P50,000.00) and Punitive Penalties of imprisonment or fine or both. Now let us
take this into perspective.
Let us start from the beginning.
Authority under the Fire Code
Republic Act 9514 (Fire Code of the Philippines 2008) applies to “all persons and all private and
public buildings, facilities or structures erected or constructed before and after its effectivity”,
Section 4. Applicability of the Code, RA 9514. It applies to “manufacturing, storage, handling
and/or use, and transportation of explosives and/or combustible, flammable liquids and gases,
toxic and other hazardous materials and operations, and their wastes”, Rule 2, paragraph D. of
the IRR.
Now that the authority of the BFP is established, what does the Fire Code and its Implementing
Rules and Regulation state when it comes to business establishments? Remember we are
specifically talking here about the bote-bote phenomenon. What does the Fire Code say to those
bote-bote de gasolina retailers who wants to apply for FSIC and business permit from the local
government?
Inspection Requirement
The Fire Code and its IRR provides that “a Fire Safety Inspection shall be conducted x x x as a
prerequisite to the grant of permits and/or licenses by the local government and other
government agencies concerned x x x for storage, handling and/or use of x x x combustible and
flammable materials.
Upon application to the Business Permit Licensing Office of the LGU, the application shall be
endorsed to the local BFP unit for inspection before issuance of the FSIC. The application should
indicate the type of business being applied for (example: sari sari store, gasoline retail, etc.). The
local BFP unit shall then conduct fire safety inspection to the applicant’s establishment. What if
the business permit application is for sari-sari store but there is bote-bote gasoline retail inside or
in the premises? What if the application is actually for gasoline retailing using bote-bote? What
about those who are just selling bottled gasoline without applying for permits from the LGU and
BFP?
Storage and Handling
Chapter 3, Division 4, Section 10.3.4.2.1, A. Storage and Handling, paragraph 1. provide that
“flammable and combustible liquid shall be stored on approved containers or tanks properly
labeled with the physical properties of its content, flammability or combustibility and
precautionary measures”. Please take note that Chapter 3, Division 4, Section 10.3.4.2.1, A. deals
with storage and handling of flammable and combustible liquids, and not specifically for selling
and/or retailing. The defenders of bote-bote retailing always point to Chapter 3, Division 4,
Section 10.3.4.2.1, A. paragraph 2.b.ii as their basis for retailing bottled gasoline. It states that
“assembly, business and residential occupancies x x x can store Class I and Class II flammable
and combustible combined liquids up to a maximum of thirty eight liter or two hundred twenty
seven liters of Class IIIA liquids”. We are sorry to rain on your party but Chapter 3, Division 4,
Section 10.3.4.2.1, A. paragraph 2 is for storage and handling and not for retailing of flammable
and combustible liquids. The title itself of paragraph 2. is very clear: Specific Requirements for
Portable Storage. Paragraph b.ii is under Chapter 3, Division 4, Section 10.3.4.2.1, A. paragraph
2. In the same division, the General Requirements for storage and handling of flammable and
combustible liquids shall be on approved containers or tanks. It is inevitable that at any given
time assembly, business and residential occupancies will store flammable and combustible
liquids and these provisions applies to THAT storage and handling AND NOT FOR RETAILING
PURPOSES.
So, if the application is for sari-sari store but upon inspection it is found out to have bote-bote
gasoline retailing, the gasoline retail should be abated before the application is approved. If the
application is for gasoline retailing and upon inspection the means of handling and dispensing is
by using softdrink bottles, the application shall not be approved, no FSIC will be issued and the
hazard shall be abated. The same with bote-bote retailers who has no permit nor FSIC. A periodic
inspection may be conducted and all bote-bote retailers shall be discontinued, all fire hazards
shall be abated. What then is the legal basis?
BFP Mission Statement
Before we proceed to the meat of the matter, let us first take a peek at the Mission of the Bureau
of Fire Protection. The Mission says: “We commit to prevent and suppress
destructive fires, investigate its causes;
enforce Fire Code and other related laws; respond
to man-made and natural disasters and other emergencies.”Take note of the phrase ‘enforce Fire
Code and other related laws’. Under these words in the Mission Statement the Bureau of Fire
Protection can enforce laws, rules, regulations, to include local government ordinances as long as
it is related to its mission and mandate.
Department of Energy Circular
Here comes Department of Energy (DOE) Department Circular No. DC-2003-11-010 providing
for the Rules and Regulations Governing the Business of Retailing Liquid Petroleum. Pertinent
portion of the DOE Department Circular states that the continued operation of unsafe and sub-
standard Retail Outlets may (i) expose the consuming public to fire, security, health and
environmental risks; (ii) deny the public the proper quality and quantityof the Liquid Petroleum
Products they purchase; (iii) deprive legitimate Retail Outlets of additional sales volume; (iv)
deprive the government of revenue derived from licensing fees, local business taxes and pump
calibration charges, among others; and (v) encourage the marketing of Liquid Petroleum
Products sourced from illegal activities such as smuggling, pilferage, theft and the like. Foremost
in the Circular is the fire, security, health and environmental risks posed by the unsafe and
unauthorized petroleum retailing. The Circular defined “Bote-bote as the manner of Retailing
Liquid Petroleum Products in soda bottles, plastic containers, jugs and other similar portable
containers not intended or suited for storing, handling and dispensing Liquid Petroleum
Products”. Remember the General Requirements of Chapter 3, Division 4, Section 10.3.4.2.1, A.
of the IRR? To recall, storing and handling of flammable and combustible liquids shall be in
approved containers or tanks. So, what are the approved types of containers? Surely, not the soda
bottles. Section 5 of Department Circular No. 2003-11-010 provides that storage, handling,
transfer and/or dispensing of Liquid Petroleum Products shall be subject to the following:
a. Liquid Petroleum Products shall be transferred only from underground tanks by means of
fixed pumps designed and equipped to allow the control of the flow and prevent leakage or
accidental discharge;
b. Liquid Petroleum Products shall not be dispensed from above-ground tanks, portable tanks,
tank vehicles, drums, barrels or similar containers, e.g. bote-bote, into the fuel tanks of motor
vehicles or containers;
Now, it is clear that bote-bote de gasolina retailing is prohibited and unsafe. The provisions
above can be used by the BFP and the local government in preventing the proliferation of the
bote-bote petroleum retailing in their locality. It may be reinforced by a local ordinance enacted
by the local council and the same can still be enforced by the BFP, PNP and the LGU combined
or individually. In the case of the BFP, do we confiscate? All fire hazards shall be abated
immediately (Rule 13, IRR). The different kinds of abatement is itemized under Rule 13, Section
13.0.0.1, Paragraph B of the IRR and it may not necessarily be in the form of confiscation.
However, when an abatement order is issued by the City/Municipal Fire Marshal and the
offender fails to comply, stoppage of operation/closure shall be resorted to. Again, confiscation
may be or may not be necessary depending on the situation and nature of the existing hazard and
the danger it poses to the community. Better than confiscation, stoppage of operation/closure can
be resorted to when the deficiency constitutes a clear and imminent danger to life and property
and stoppage of operation or evacuation is extremely necessary (Rule 13, Sec. 13.0.0.1, C. 2.).
The next question after confiscation would be where to safely store the confiscated
flammables/combustibles? If the answer to that question is not clear, better not confiscate.
DOE vs BFP?
Department Circular No. 2003-11-010 does not conflict with Republic Act 9514 and the Fire
Code and its IRR did not modify or amend the Circular. In a sense, they complement each other
in enforcing safety in the petroleum industry. In fact, the Circular itemized in Section 7 the
Documentary Requirements for Petroleum Retailing which includes the part of the BFP in Fire
Safety Evaluation, Fire Safety Inspection and issuance of FSIC and FSEC. So, why would BFP
enforce the DOE Department Circular No. 2003-11-010? Aside from the BFP Mission we
discussed above, DOE has no implementing arm in the locality. The mechanism is already in
place through the process of permit issuances in the LGU which the BFP and other national
agencies are part of. The LGU can expound on the tenets of the Circular, the Fire Code and build
upon such authorities if they really want to prevent the proliferation of the bote-bote petroleum
retailing and the BFP can always be counted for the support and the implementation of the Fire
Code and other fire-related laws.