Scribd
Upload
10 views1 page

Boracay II

The case involves a petition against the Aklan Province's beach development project, which is contested due to its location in environmentally critical areas. The Court ruled to remand the matter to the DENR-EMB RVI for a proper environmental impact assessment and required a report within three months. The ruling partially granted the petition and converted the Temporary Environmental Protection Order into a writ of continuing mandamus.

Uploaded by

abbprintingcenter
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
10 views1 page

Boracay II

The case involves a petition against the Aklan Province's beach development project, which is contested due to its location in environmentally critical areas. The Court ruled to remand the matter to the DENR-EMB RVI for a proper environmental impact assessment and required a report within three months. The ruling partially granted the petition and converted the Temporary Environmental Protection Order into a writ of continuing mandamus.

Uploaded by

abbprintingcenter
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 1

CASE FACTS ISSUE RULING

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

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy