CASE DIGEST
VILLAR VS ALLTECH
CONTRACTORS
G.R. No. 208702, May
11, 2021
EN BANC, CARANDANG, J.
Writ of Kalikasan;
Right to A Balance and Healthful Ecology; Exhaustion of Administrative Remedies
The essential requisites for the
issuance of a writ of kalikasan are: (1) there is an actual or threatened
violation of the constitutional right to a balanced and healthful ecology; (2)
the actual or threatened violation arises from an unlawful act or omission of a
public official or employee, or private individual or entity; and (3) the
actual or threatened violation involves or will lead to an environmental damage
of such magnitude as to prejudice the life, health or property of inhabitants
in two or more cities or provinces.
In 2009, Alltech Contractors proposed the project to develop 321.26 hectares of land in Las Piñas and 174.88 hectares in Parañaque, both along the coastline of Manila Bay. Villar filed a petition for Writ of Kalikasan on March 16 against the Las Piñas-Parañaque Coastal Bay project in order to stop a massive Manila Bay reclamation project that could potentially cause severe flooding in a number of barangays in Bacoor, Paranaque and Las Piñas. Villar argued that the level of flooding that occurred in Las Piñas, Parañaque, and Cavite even prior to reclamation--which placed the cities and the province in state of calamity, is a clear indication that the flooding could only worsen after reclamation. Moreover, that the proposed coastal bay project shall cause environmental damage of such magnitude, as to prejudice the life, health or property of residents of the cities of Las Piñas and Parañaque. Lastly, that the issuance of an ECC (Environmental Compliance Certificate) for the proposed coastal bay project was not in accordance with applicable laws, rules and regulations and, hence illegal and unlawful.
Whether or not the Petition for Writ of Kalikasan shall
prosper.
NO. The Court found that supposed threat to environment was not sufficiently established thereby ruling in favor of the reclamation project. It is ruling, the court held that petitioner failed to present evidence to support her allegations that the project would cause environmental damage. No credible, competent, and reliable evidence had been presented to support the allegations that the proposed coastal by project would cause environmental damage of such magnitude as to prejudice the lives, health or properties of the residents of Paranaque and Las Pinas. The Court finds neither legal nor factual bases with which to grant the privilege of the writ of kalikasan. Wherefore, the petition is denied for lack of merit.
Whether
the extraordinary remedy of filing a petition for writ of kalikasan is proper
to assail the issuance of ECC No. CO-1101-0001 for Alltech's proposed project.
No. Villar failed to establish the causal link between the alleged irregularities in the issuance of Alltech's ECC to justify resorting to the extraordinary remedy of filing a petition for a writ of kalikasan. As a rule, any of the perceived irregularities in the issuance of the proposed project's ECC should be the subject of an appeal to the proper reviewing authority with due regard to the doctrine of exhaustion of administrative remedies.
The
writ of kalikasan is principally predicated on an actual or threatened
violation of the constitutional right to a balanced and healthful ecology,
which involves environmental damage of a magnitude that transcends political
and territorial boundaries. A party, therefore, must not only allege and prove
such defects or irregularities of the ECC issuance, but must also provide a
causal link or, at least, a reasonable connection between the defects or
irregularities in the issuance of an ECC and the actual or threatened violation
of the constitutional right to a balanced and healthful ecology of the magnitude
contemplated under the Rules. Otherwise, the petition should be dismissed.
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