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Boracay Ii

The case involves a dispute over the Aklan Beach Zone Restoration and Protection Marina Development Project, which faced opposition due to environmental concerns. The court ruled that the DENR is responsible for evaluating environmental impact assessments (EIA) and remanded the case for further study, requiring a report within three months. The petition was partially granted, converting a temporary environmental protection order into a writ of continuing mandamus.

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24 views2 pages

Boracay Ii

The case involves a dispute over the Aklan Beach Zone Restoration and Protection Marina Development Project, which faced opposition due to environmental concerns. The court ruled that the DENR is responsible for evaluating environmental impact assessments (EIA) and remanded the case for further study, requiring a report within three months. The petition was partially granted, converting a temporary environmental protection order into a writ of continuing mandamus.

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© © All Rights Reserved
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CASE FACTS ISSUE RULING

TITLE
BORACAY,  The Aklan Province launched  Whether or not  We recognize at this point that
petitioner, an Aklan Beach Zone respondent the DENR is the government
vs AKLAN, Restoration and Protection Province failed to agency vested with delegated
responden Marina Development Project perform a full EIA powers to review and evaluate
ts; involves the reclamation and as required by all EIA reports, and to grant or
development of laws and deny ECCs to project
G.R. No. approximately forty (40) regulations based proponents. It is the DENR that
196870, hectares of foreshore and on the scope and has the duty to implement the
June 26, offshore areas of the classification of EIS system. It appears, however,
2012 Municipality of Malay, despite the project? that respondent DENR-EMB
the opposition of the said RVI’s evaluation of this
Municipality, among others, reclamation project was
on the ground that the area is problematic, based on the valid
protected and questions raised by petitioner.
environmentally critical.  The Court chooses to remand
The petitioner filed the instant these matters to respondent
Petition for Environmental DENR-EMB RVI for it to make a
Protection Order/Issuance of proper study, and if it should
the Writ of Continuing find necessary, to require
Mandamus, on the grounds, respondent Province to address
among others, that, the these environmental issues
project is co-located within raised by petitioner and submit
environmentally critical areas the correct EIA report as
requiring the performance of required by the project’s
a full, or programmatic, specifications.
environmental impact  The Court requires respondent
assessment; that the DENR-EMB RVI to complete its
Respondent Province failed to study and submit a report within
perform a full environmental a non-extendible period of three
impact assessment as months. Respondent DENR-EMB
required by law and relevant RVI should establish to the Court
regulations, in said report why the ECC it
Court issued a Temporary issued for the subject project
Environmental Protection should not be canceled.
Order (TEPO) and ordered the
respondents to file their WHEREFORE, premises considered,
respective comments to the the petition is hereby PARTIALLY
petition. In their report, the GRANTED. The TEPO issued by this
respondent concluded that Court is hereby converted into a writ
the project was launched after of continuing mandamus…
it secured EIA and ECC from
DENR-EMB RVI.

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