Boracay Foundation, Inc. filed a petition for an issuance of a writ of mandamus suspending the implementation of a land reclamation project along the foreshores of Barangay Caticlan in the Province of Aklan based on the ground that the classification of the project was incorrect leading to the failure to perform a full EIA as required by law and that there was a failure for proper, timely and sufficient public consultation.
The Court determined that the valid questions raised by the petitioners put in question the sufficiency of the evaluation of the project by the Department of Environment and Natural Resources – Environmental Management Bureau Regional Office VI (DENR-EMB RVI). The Court further found that there was a lack of prior consultations and prior approval required by law. The Court therefore issued a writ of continuing mandamus suspending the implementation of the project and requiring, inter alia, the DENR-EMB RVI to make a proper study and the Province of Aklan to submit the appropriate report and to secure approvals from local government units and hold proper consultations with NGOs, other stakeholders and sectors concerned.