Supreme Court stops P1B Boracay reclamation project

A diver hand-feeds fish in the crystal-clear waters off Boracay in this 2005 file photo. AFP

MANILA, Philippines— The Supreme Court has stopped the Provincial Government of Aklan from pushing through with the P1-billion reclamation project of the 40-hectare Boracay Island, a world famous tourist destination.

In a 65-page decision through Associate Justice Teresita Leonardo De Castro, the high court ordered the Provincial Government of Aklan represented by Governor Carlito S. Marquez, Philippine Reclamation Authority and the Department of Environment and Natural Resources-EMB (Region VI) to “cease and desist” from pushing through with the implementation of the phase 1 of the project that covers the 2.64-hectares of foreshore area in Caticlan, Malay, Aklan.

“The respondents, their concerned contractors, 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 until further orders of the court,” the high court said.

The high court also agreed to convert the temporary protection order it issued last year into a writ of continuing mandamus.

Under Section 4 (c) of the Rules of Procedure for Environmental Cases, a continuing mandamus is a writ issued by a court in an environmental case directing concerned government agencies “to perform an act or series acts decreed by final judgment which shall remain effective until judgment is fully satisfied.”

In its ruling, the high court ordered the respondent Department of Environment and Natural Resources-Environmental management Bureau Regional Office VI to revisit and review its classification of the reclamation project as a single instead of a co-located project; its approval of the provincial government’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 its impact to the environment based on new, updated and comprehensive studies to be undertaken by the DENR-EMB Region VI.

Meanwhile, it required the Aklan provincial government to conduct proper consultations with non-government organizations and other stakeholders and sectors concerned and to secure the necessary clearances local government units to be affected by the reclamation project. The high court also told the provincial government to coordinate with the DENR-EMB in reviewing the project.

The high court stressed on the need to conduct the public consultation.

The phase 1 project would include the rehabilitation and expansion of the jetty port and passenger terminal and the establishment of a commercial building and wellness center which would cost P260 million.

But the high court pointed that it could generate garbage, sewage and possible toxic fuel discharge.

“Had they been property conducted, the prior public consultation should have considered the ecological or environmental concerns of the stakeholders and studied measures alternative to the project, to avoid or minimize adverse environmental impact or damage,” the high court said.

The high court has also directed the Philippine Reclamation Authority to closely monitor the submission by the provincial government of the requirements to be issued by the DENR-EMB in connection to the environmental concerns raised by petitioner Boracay Foundation Inc. (BFI).

The Court mandated the Boracay Foundation Inc. (BFI), the PRA, the DENR-EMB and the provincial government to submit their respective reports regarding their compliance with its requirements not later than three months from the date of the promulgation of the decision dated June 26, 2012.

The case stemmed from the petition filed last year by BFI, which is composed of at least 60 resort, hotel, and restaurant owners as well as various community organizations and concerned environmental advocates, seeking the issuance of an environmental protection order enjoining the implementation of the said reclamation project.

In their petition, the BFI asked the High Court to suspend the project until a comprehensive environmental impact assessment and public hearings are conducted.

On December 6, 2010, petitioners said that the Aklan provincial government started implementing phase 1 of the reclamation project despite that the project lacks the required local clearances and permits from Barangay Caticlan and the Malay Municipality as required by the Local Government Code.

Petitioner said the reclamation project does not comply with requirements for a full environmental impact assessment.

The province already obtained an Environmental Compliance Certificate, which the petitioners alleged was due to circumvention of the requirements set under the law such as submission of “programmatic” impact assessments studies which Aklan Province failed to perform.

The ECC covers the first phase of the project consisting of 2.64 hectares adjacent to the Caticlan and Boracay Jetty Port. The Jetty Port is the gateway from mainland Aklan to Boracay which is separated by a narrow strait of water.

The foundation said there is no necessity for a reclamation project in the area and that, based on a study conducted by the University of the Philippines marine biologists, the reclamation project will likely affect the current and flow of the tides in the area and may cause further erosion of the sands in Boracay.

Originally posted at 02:02 pm | Thursday, July 12, 2012