G.R. No. 208702 , May 11, 2021
CYNTHIA A. VILLAR, FORMER MEMBER, HOUSE OF REPRESENTATIVES, LONE DISTRICT OF LAS PIÑAS CITY [SUPPORTED BY THREE HUNDRED FIFTEEN THOUSAND EIGHT HUNDRED FORTY-NINE (315,849) RESIDENTS OF LAS PIÑAS CITY], PETITIONERS, VS. ALLTECH CONTRACTORS, INC., PHILIPPINE RECLAMATION AUTHORITY, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, ENVIRONMENTAL MANAGEMENT BUREAU AND CITIES OF LAS PIÑAS, PARAÑAQUE, AND BACOOR, RESPONDENTS.

FACTS

Petitioner Cynthia A. Villar, supported by residents of Las Piñas City, filed a petition concerning the Las Piñas Coastal Bay Project and the Parañaque Coastal Bay Project. The dissent focuses on the alleged defects in the issuance of the Environmental Compliance Certificate (ECC) for these reclamation projects. It argues that the proponent, Alltech Contractors, Inc., used the wrong type of environmental impact assessment document. Specifically, an Environmental Performance Report and Management Plan (EPRMP) was submitted instead of the required Environmental Impact Statement (EIS), as the projects are new and not expansions or modifications of an existing operating project. The dissent cites expert studies and reports, including one from Tricore Solutions, Inc., predicting that the projects will cause aggravated flooding, submerging numerous barangays in Las Piñas, Parañaque, and Bacoor. It also references scientific opinions on the dangers of reclamation in Manila Bay, such as land subsidence and increased earthquake risks.

ISSUE

The primary issues, according to the dissenting opinion, are: (1) Whether the defects or irregularities in the issuance of the ECC (specifically, the use of the wrong EIA document type) have a causal link or reasonable connection to an actual or threatened grave violation of the right to a balanced and healthful ecology; and (2) Whether actual environmental damage will occur if the project is implemented.

RULING

Justice Lazaro-Javier, in her dissenting opinion, voted to partially grant the petition. She ruled that the use of an EPRMP instead of an EIS for the new reclamation projects was a defect with a causal link to potential environmental damage of a magnitude that transcends political boundaries, as it results in a flawed ECC. She further ruled that actual environmental damage, specifically aggravated flooding, would occur based on the evidence presented. Consequently, she voted to revoke the ECC issued for the Las Piñas Coastal Bay Project and the Parañaque Coastal Bay Project and to refer the projects back to the DENR for the proper conduct of an environmental impact assessment using an Environmental Impact Statement as the correct document type.