Case Digest (G.R. No. 9426)
Facts:
In 2009, respondent Alltech Contractors, Inc. proposed to the Cities of Las Piñas and Parañaque the joint reclamation of 381.26 hectares along the coast of Manila Bay for Las Piñas and 174.88 hectares for Parañaque. The respective city councils adopted resolutions authorizing joint-venture negotiations, and the Philippine Reclamation Authority approved the Las Piñas and Parañaque Coastal Bay Project in 2010 subject to environmental compliance. Directed by the Department of Environment and Natural Resources – Environmental Management Bureau (DENR-EMB), Alltech submitted an Environmental Performance Report Management Plan (EPRMP) and, following review by the Environmental Impact Assessment Review Committee, received ECC No. CO-1101-0001 on March 24, 2011, imposing stringent mitigation and monitoring conditions under P.D. No. 1586 and DENR AO No. 2003-30. Fearing increased flooding and harm to the Las Piñas–Parañaque Critical Habitat and Ecotourism Area (LPPCHEA), then-Representat
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Case Digest (G.R. No. 9426)
Facts:
- Proposal and government approvals
- In 2009, Alltech Contractors, Inc. (Alltech) submitted unsolicited proposals to the cities of Las Piñas (381.26 ha) and Parañaque (174.88 ha) for reclamation, financing, engineering, design and development along Manila Bay.
- Las Piñas and Parañaque Sangguniang Panlungsod passed resolutions authorizing joint venture agreements (JVAs); Philippine Reclamation Authority (PRA) approved the Las Piñas and Parañaque Coastal Bay Project via Resolutions 4088 and 4091 (2010).
- Environmental review and ECC issuance
- Under EMB direction, Alltech prepared an Environmental Performance Report and Management Plan (EPRMP); EIARC conducted a preliminary review (Oct 2010) and recommended issuance of an ECC upon submission of a final EPRMP.
- Alltech’s final EPRMP (Dec 2010) covered 635.14 ha within the 750 ha area originally covered by ECC CO-9602-002-208C; DENR-EMB issued ECC CO-1101-0001 (Mar 24, 2011) with detailed environmental management and general conditions.
- Writ of kalikasan proceedings
- Concerned over potential flooding of Las Piñas–Zapote and Parañaque rivers and jeopardy to the Las Piñas–Parañaque Critical Habitat and Ecotourism Area (LPPCHEA), Rep. Villar filed a petition for a writ of kalikasan (Mar 16, 2012) representing 315,849 residents.
- Supreme Court issued the writ (Apr 24, 2012) against Alltech, PRA, DENR-EMB and the cities; case remanded to the Court of Appeals for hearings (Jun 19, 2012).
Issues:
- Is a petition for writ of kalikasan the proper remedy to challenge ECC CO-1101-0001?
- Will Alltech’s proposed reclamation cause environmental damage of such magnitude as to prejudice life, health or property of residents in multiple cities?
- Does the project impinge upon the viability and sustainability of the LPPCHEA?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)