BORACAY FOUNDATION V PROV OF AKLAN Abstract Boracay Foundation, Inc. filed a petition for an issuance of a writ of mandamus suspending the implementation of a land reclamation project along the foreshores of Barangay Caticlan in the Province of Aklan based on the ground that the classification of the project was incorrect leading to the failure to perform a full EIA as required by law and that there was a failure for proper, timely and sufficient public consultation.
The Court determined that the valid questions raised by the petitioners put in question the sufficiency of the evaluation of the project by the Department of Environment and Natural Resources – Environmental Management Bureau Regional Office VI (DENR-EMB RVI). The Court further found that there was a lack of prior consultations and prior approval required by law. The Court therefore issued a writ of continuing mandamus suspending the implementation of the project and requiring, inter alia, the DENR-EMB RVI to make a proper study and the Province of Aklan to submit the appropriate report and to secure approvals from local government units and hold proper consultations with NGOs, other stakeholders and sectors concerned.
WHEREFORE, premises considered, the petition is hereby PARTIALLY GRANTED. The TEPO issued by this Court is hereby converted into a writ of continuing mandamus specifically as follows: 1. Respondent Department of Environment and Natural ResourcesEnvironmental Management Bureau Regional Office VI shall revisit and review the following matters: a. its classification of the reclamation project as a single instead of a co-located project; b. its approval of respondent Province’s classification of the project as a mere expansion of the existing jetty port in Caticlan, instead of classifying it as a new project; and c. the impact of the reclamation project to the environment based on new, updated, and comprehensive studies, which should forthwith be ordered by respondent DENR-EMB RVI. 2. Respondent Province of Aklan shall perform the following:
a. fully cooperate with respondent DENR-EMB RVI in its review of the reclamation project proposal and submit to the latter the appropriate report and study; and b. secure approvals from local government units and hold proper consultations with non-governmental organizations and other stakeholders and sectors concerned as required by Section 27 in relation to Section 26 of the Local Government Code. 3. Respondent Philippine Reclamation Authority shall closely monitor the submission by respondent Province of the requirements to be issued by respondent DENR-EMB RVI in connection to the environmental concerns raised by petitioner, and shall coordinate with respondent Province in modifying the MOA, if necessary, based on the findings of respondent DENREMB RVI. 4. The petitioner Boracay Foundation, Inc. and the respondents The Province of Aklan, represented by Governor Carlito S. Marquez, The Philippine Reclamation Authority, and The DENR-EMB (Region VI) are mandated to submit their respective reports to this Court regarding their compliance with the requirements set forth in this Decision no later than three (3) months from the date of promulgation of this Decision. 5.
In the meantime, the respondents, their concerned contractor/s, and/or their agents, representatives or persons acting in their place or stead, shall immediately cease and desist from continuing the implementation of the project covered by ECC-R6-1003-096-7100 until further orders from this Court. For this purpose, the respondents shall report within five (5) days to this Court the status of the project as of their receipt of this Decision, copy furnished the petitioner.
