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Boracay Foundation vs. Province of Aklan, GR 196870, June 26, 2012

The case Boracay Foundation, Inc. vs. Province of Aklan addresses a reclamation project proposed by the Province of Aklan that raised environmental concerns from local entities and the Boracay Foundation. The court ruled that the project required a comprehensive Environmental Impact Assessment and proper public consultations, which were not adequately conducted. The decision underscores the necessity of balancing socio-economic development with environmental protection as mandated by law.

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Noemi Natividad
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22 views2 pages

Boracay Foundation vs. Province of Aklan, GR 196870, June 26, 2012

The case Boracay Foundation, Inc. vs. Province of Aklan addresses a reclamation project proposed by the Province of Aklan that raised environmental concerns from local entities and the Boracay Foundation. The court ruled that the project required a comprehensive Environmental Impact Assessment and proper public consultations, which were not adequately conducted. The decision underscores the necessity of balancing socio-economic development with environmental protection as mandated by law.

Uploaded by

Noemi Natividad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Boracay Foundation vs.

Province of Aklan, GR 196870,


June 26, 2012

Mootness:

Boracay Foundation, Inc. (BFI), a non-stock domestic The petition was not rendered moot by the
corporation aimed at promoting the environment- subsequent endorsements from the
conscious development of Boracay Island. Sangguniang Barangay of Caticlan and the
Municipality of Malay, as these
endorsements were conditional and did
The Province of Aklan, represented by Governor Carlito not address all environmental concerns.
S. Marquez. The Philippine Reclamation Authority (PRA),
formerly the Public Estates Authority, responsible for
reclamation projects. The DENR-EMB (Region VI), Exhaustion of Administrative Remedies:
authorized to issue Environmental Compliance
The petitioner was not required to exhaust
Certificates (ECC).
administrative remedies because it was
not a party to the proceedings that
resulted in the issuance of the ECC.
Boracay Island, a top tourist destination, was declared a
tourist zone and marine reserve in 1973. The Province of
Aklan proposed a reclamation project to expand the
Full EIA Requirement:
Caticlan Jetty Port and Passenger Terminal to
accommodate increasing tourist traffic. Initially, the The project, which involved significant
project involved reclaiming 2.64 hectares, but it was construction beyond the jetty port
later expanded to 40 hectares. expansion, required a comprehensive EIA
to assess its environmental impact.

The Sangguniang Barangay of Caticlan and the


Municipality of Malay opposed the project, citing Public Consultation:
environmental concerns and lack of consultation.
Despite this, the Province of Aklan proceeded, securing The Local Government Code mandates
an ECC for the 2.64-hectare reclamation. prior public consultation and approval
from local government units for projects
affecting environmental balance, which the
Province of Aklan failed to secure.
Petitioner BFI challenged the project, arguing that it
would adversely affect Boracay’s ecology, particularly its
white-sand beaches. BFI also claimed that the project
failed to comply with environmental laws, including the Environmental Impact:
requirement for a full Environmental Impact Assessment The project’s potential adverse effects on
(EIA) and public consultations. Boracay’s ecological balance necessitated a
thorough environmental review.

The Court emphasized the importance of


balancing socio-economic development
with environmental protection, as
mandated by the Constitution and
environmental laws.

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