G.R. No. 235725 - Joel A. Tapia vs. GA2 Pharmaceutical, Inc.

Original petition for issuance of an Environmental Protection Order (EPO) in the nature of a continuing mandamus under A.M. No. 09-6-8-SC.
Seeks to compel respondents to comply with environmental laws in connection with a reclamation project in Barangay Caticlan, Malay, Aklan.

Petitioner: Boracay Foundation, Inc. (BFI), a non-stock corporation of resort owners, residents, NGOs, promoting Boracay’s environmental protection and sustainable tourism.
Respondents:

Province of Aklan (LGU), represented by Governor Carlito S. Marquez—proponent of the reclamation project.
Philippine Reclamation Authority (PRA)—national agency with exclusive power to approve reclamation, delegated to LGUs under EO 543.
DENR-Environmental Management Bureau (EMB) Region VI—regional office issuing Environmental Compliance Certificates (ECCs).

Boracay declared tourist zone and marine reserve in 1973. Tourist arrivals soared from ~650,000 in 2009 to ~780,000 in 2010, projected >1 million.
Province constructed and operated Caticlan and Cagban jetty ports to serve Boracay traffic.

2008–09: Provincial resolutions authorizing feasibility studies and negotiations for reclamation and rehabilitation of Caticlan jetty port; initial plan to reclaim 2.64 ha for terminal expansion and commercial purposes (P260 M bond financing).
Mid-2009: Sangguniang Bayan of Malay and Barangay Caticlan pass resolutions opposing foreshore lease and reclamation, citing lack of consultation and potential territorial loss.
Oct 2009: Province seeks PRA approval to expand project from 2.64 ha to 40 ha (36.82 ha in Caticlan; 3.18 ha in Manoc-manoc, Boracay). MOA executed May 2010 authorized up to 40 ha.
April 27, 2010: DENR-EMB RVI issues ECC covering only Phase 1 (2.64 ha adjacent to existing port).
May 17, 2010: Province and PRA sign MOA; public “consultation” campaigns follow in June–October 2010, after ECC and MOA were in place.

Multiple LGU resolutions (Barangay Caticlan, Malay Municipality, Liga ng mga Barangay) express strong opposition for lack of consultation and environmental concerns.
Petitioner transmits expert opinion (Dr. Aliño, UPMSI) arguing a full Environmental Impact Assessment (EIA) is required due to co-located ECA status, and coastal erosion impacts on Boracay.
PRA issues Notice to Proceed for Phase 1 (2.64 ha) in Oct 2010; petitioner alleges misclassification as “single non-ECP in ECA” to evade comprehensive EIA (PEIS/PEPRMP).
Bond-financed construction commences Dec 1, 2010; petitioner files Petition for EPO/Continuing Mandamus on June 1, 2011.
June 7, 2011: SC grants Temporary Environmental Protection Order (TEPO); respondents ordered to comment.

Whether the petition is rendered moot and academic by subsequent LGU endorsements of the project.
Whether the petition is premature for failure to exhaust administrative remedies (appeal under DAO 2003-30).
Whether the Province, based on project scope and classification, was required to perform a full or programmatic EIA.
Whether the Province and DENR-EMB RVI complied with all pertinent environmental laws, DAO 2003-30 requirements, and ECC conditions.
Whether there was proper, timely, and sufficient public consultation and LGU approval as mandated by Sections 26 and 27 of the Local Government Code.