September 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
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[G.R. No. 196870 : September 06, 2011] BORACAY FOUNDATION, INC. VS. PROVINCE OF AKLAN, ET AL. ADVISORY :
[G.R. No. 196870 : September 06, 2011]
BORACAY FOUNDATION, INC. VS. PROVINCE OF AKLAN, ET AL. ADVISORY
For the oral arguments scheduled on September 13, 2011 (Tuesday) at 2:00 p.m., each of the parties, through counsel, shall have a maximum of twenty (20) minutes to present their respective arguments. In case there is more than one lawyer for a particular party, the lead counsel shall decide on how to share the allotted 20 minutes with co-counsel.cralaw
The time allotted for the counsels to argue and counter-argue shall be exclusive of the time devoted to interpellation by the members of the Court.
The parties are directed to focus their respective discussions on the following issues:
- Whether or not the petition is premature because Boracay Foundation. Inc. (petitioner) failed to exhaust administrative remedies before filing this case
- Whether or not respondent Province of Aklan (respondent Province) failed to perform a full environmental impact assessment as required by laws and regulations based on the scope and classification of the project
- Whether or not the reclamation project to rehabilitate, renovate, and expand the existing Caticlan jetty port in Malay ("the reclamation project") covers only 2.64 hectares
- Whether or not the reclamation project has been expanded to forty (40) hectares to include adjacent coastal areas in Caticlan with a portion thereof in Manoc-manoc, Boracay Island
- Whether the 2.64-hectare project is but a component of the expanded 40-hectare reclamation project, which consists of several phases in two different sites, or is a "stand alone project," which is separate and independent from the one involving an area of 40 hectares
- Whether or not the reclamation project to rehabilitate, renovate, and expand the existing Caticlan jetty port in Malay ("the reclamation project") covers only 2.64 hectares
- What are the requirements under the pertinent laws and regulations that should be complied with in order to undertake the project?
- Whether or not the Environmental Compliance Certificate (ECC) which the respondent Province obtained is sufficient to start the reclamation project
- Whether or not a full, or programmatic, environmental impact assessment for a reclamation project co-located within an environmentally critical area is required
- Whether or not the classification under the Revised Procedural Manual for the Department of Environment and Natural Resources (DENR) Administrative Order No. 30. Series of 2003 insofar as it creates a category of non-environmentally critical projects in environmentally critical areas, should be annulled
- Whether or not the Environmental Compliance Certificate (ECC) which the respondent Province obtained is sufficient to start the reclamation project
- Whether or not the reclamation of land bordering the strait between Caticlan and Boracay would adversely affect the ecological balance of the area and the famed white sand beaches of Boracay Island
- Whether or not the respondent Philippine Reclamation Authority (PRA) issued a Notice to Proceed for the reclamation project to respondent Province
- Whether or not there was proper, timely, and sufficient public consultation for the project, under Sections 26 and 27 of the Local Government Code
- Whether or not it is necessary for respondent Province to obtain the favorable endorsement for the local governments units (LGUs) of Barangay Caticlan and Malay Municipality before proceeding with the reclamation project.
- Whether or not respondent Province was able to properly address the concerns of the LGUs of Caticlan and Malay.
- Whether or not the reclamation project best addresses the priority plan of both respondent Province and the LGUs of Caticlan and Malay of having world-class land, water, and air infrastructures to meet the needs of their booming tourism industry, while maintaining the ecological balance in Boracay Island
- Whether or not it is necessary for respondent Province to obtain the favorable endorsement for the local governments units (LGUs) of Barangay Caticlan and Malay Municipality before proceeding with the reclamation project.
- Whether or not the Temporary Environmental Protection Order (TEPO) issued by this Court on June 9, 2011 may be dissolved
- Whether or not the TEPO�s continuance would cause irreparable damage to respondent Province
- Whether or not petitioner may be fully compensated for such damages it may suffercralaw
- Whether or not the TEPO�s continuance would cause irreparable damage to respondent Province
Very truly yours,
(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court