GR 208702; (May, 2021) (Digest)
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
In 2009, respondent Alltech Contractors, Inc. submitted unsolicited proposals to the cities of Las Piñas and Parañaque for the reclamation and development of coastal lands along Manila Bay. The city councils authorized negotiations, leading to Joint Venture Agreements. The Philippine Reclamation Authority approved the Las Piñas and Parañaque Coastal Bay Project, subject to environmental compliance. Alltech, as directed by the Environmental Management Bureau, submitted an Environmental Performance Report Management Plan. The proposed project area lies within a 750-hectare site covered by a prior Environmental Compliance Certificate issued in 1996. After review, the Environmental Impact Assessment Review Committee recommended issuance of a new ECC. On March 24, 2011, the EMB issued ECC No. CO-1101-0001 with specific conditions and restrictions. Fearing the project would cause flooding and endanger residents, then Representative Cynthia Villar, representing 315,849 opposing residents, filed a petition for a writ of kalikasan before the Supreme Court. The Court issued the writ and remanded the case to the Court of Appeals for hearing and judgment. The CA denied the petition, ruling the project underwent the proper environmental impact assessment process.
ISSUE
Whether the Court of Appeals erred in denying the petition for the issuance of a writ of kalikasan.
RULING
The Supreme Court DENIED the petition and AFFIRMED the Court of Appeals Decision. The Court held that the issuance of the Environmental Compliance Certificate was valid and in accordance with law. The project proponent, Alltech, correctly submitted an Environmental Performance Report Management Plan as required by the DENR-EMB, which is a recognized form of environmental impact assessment study for projects within an Environmentally Critical Area. The EPRMP process was proper as the project site was already covered by a prior ECC, and the EPRMP aims to maintain environmental quality at a level prior to any disturbance. The Court found that the required evaluation and review process was followed, including a public consultation. The conditions attached to the ECC were adequate to address environmental concerns, including flooding. The Court also ruled that the proximity of the project to the Las Piñas-Parañaque Critical Habitat and Ecotourism Area and its status as a Ramsar wetland did not automatically prohibit the reclamation, as the ECC process already considered these factors and imposed specific conditions to protect the area. The petition failed to establish that the project violated environmental laws or constituted an environmental damage of such magnitude as to prejudice the life, health, or property of inhabitants in two or more cities or provinces.
