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.
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.