Republic of the Philippines

SUPREME COURT
Manila City

JOAN MESIA, ROY VILLARINO

BIANCA PAGUIAN, RENALYN
MAGAT, PRINCE CALO,
RUFFA PARAYNO, ARIANNE
CANTILLERO, PAULA GONO
and KALEY SANTIAGO,
collectively referred to as the
CONCERNED CITIZENS OF
BORAWAN and BORAWAN
RESORT OWNERS
ASSOCIATION, INC. (BROA),
Petitioners,
SC G.R. SP No._________
Petition for Writ of Kalikasan
with a Prayer for TEPO

- versus -
HON. EUGENE DIZON, in his
capacity as Secretary of the
DEPARTMENT OF
ENVIRONMENT AND
NATURAL RESOURCES, HON.
SUSAN GO, in her capacity as
Regional Director of the
ENVIRONMENTAL
MANAGEMENT BUREAU-
REGION IV, BLUE WATER
RESORTS, INC.,
Respondents,
X----------------------------------------X

PETITION FOR WRIT OF KALIKASAN

(With a Prayer for the Issuance of a Temporary Environmental
Protection Order)

Petitioners, by the undersigned counsel, to this Honorable Court, most

respectfully aver:

PREFATORY STATEMENT

The beauty of nature attracts people, and people in turn, attract

business, which in turn, attracts prosperity. However, progress for the sake
PETITION FOR WRIT OF KALIKASAN 2
With a Prayer for TEPO
Sp. Proc. Case No. __________
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of progress does not justify the destruction made to our natural resources.
The Philippines being one tropical paradise boasts of its pristine beaches
and teeming ocean life. While we want to share the beauty of our country to
the world by providing world class accommodations that could rival those of
our neighboring countries, in doing so, we must be mindful that we are
promoting the natural beauty of our country that shall in no way be replaced
nor supplanted by man-made creations.

There is a reason why natural resources such as our oceans and its
coral reefs easily susceptible to damage and painstakingly hard to repair, it
is because the beauty they possess are beyond compare and no amount of
man-made structures can rival it in any way. Furthermore, unlike man-made
creations, these natural formations contribute in maintaining the balance in
our ecology. Should we allow them to be destroyed would endanger our very
existence as habitants of one planet and home to the same ecosystem.

THE PARTIES

1. The following are the Petitioners:

1.1. Petitioners JOAN MESIA, ROY VILLARINO, BIANCA

PAGUIAN, RENALYN MAGAT, PRINCE CALO, RUFFA PARAYNO,
ARRIANE CANTILLERO, PAULA GONO and KALEY SANTIAGO
are all of legal age and all are residents of Sitio Putingbuhangin, Borawan,
Quezon. For procedural convenience and practical reasons, all of the herein
named individual petitioners may be collectively served with summons and
other legal processes at the official address of the undersigned counsel.

1.2. BORAWAN RESORT OWNERS ASSOCIATION, INC.

(BROA) is a corporation existing under Philippine Laws composing of
resort owners whose businesses are located on Borawan Island. The
association is filing this instant Petition thru its president Atty. Luis San Jose,
out of its genuine concern regarding the imminent impact of the proposed
construction of the “Borawan Port” not just on their respective businesses,
but also on the ecology and environment of Borawan Island as a whole. It
has its office at #12 Green Compound, Brgy. Blue Waters, Borawan,
Quezon, where it may served summons and other legal processes through its
authorized representative.

2. The following are the respondents:

2.1. BLUE WATER RESORTS, INC. is a corporation duly

existing under Philippine law which is engaged in the business of owning
and operating Resorts and other properties for recreation. It is the one
heading the assailed project. Its principal office is located at Unit 209
Pristine Towers, Ortigas Avenue, Pasig City, where it may be served with
summons and other court processes.
PETITION FOR WRIT OF KALIKASAN 3
With a Prayer for TEPO
Sp. Proc. Case No. __________
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2.2. HON. EUGENE DIZON is impleaded in his capacity as

Secretary of the Department of Environment and Natural Resources (DENR),
the government agency primarily responsible for the enforcement and strict
compliance with Environmental laws and the issuance of Environmental
Compliance Certificate through the ENVIRONMENTAL
MANAGEMENT BUREAU (EMB), an attached bureau of the DENR. Its
principal office is at The Columbia Tower, Ortigas Avenue, Barangay
Wack-Wack, Mandaluyong City, where it may be served with summons and
other court processes.

2.3. HON. SUSAN GO is impleaded in her capacity as Regional

Director of the Environmental Management Bureau (EMB) Region IV, the
office primarily responsible for the issuance of Environmental Compliance
Certificate (ECC) on any project within its jurisdiction that poses a potential
environmental risk or impact, such as mining, agriculture activities and
construction projects. Its principal office is at #1 Bonifacio Drive, South
Harbor Cove, Calamba, Laguna, where it may be served with summons and
other court processes.

STATEMENT OF FACTS

1. The Island of Borawan has recently become one of the most

popular tourist destination in 2016, because of its pristine beaches and
untouched coral reefs.

2. Seeing the potential of Borawan, private respondent Blue Water

Resort, a huge Resort Tycoon, decided to put up a grand five-star Resort and
Hotel covering 10 hectares at the southernmost part of Putingbuhangin’s
coastline, where Borawan’s pride coral reefs are located.

3. On November 30, 2016, respondent Blue Water Resort

requested approval of its plan to establish and operate “Blue Water Borawan
Resort” through a letter addressed to the Department of Environmental and
Natural Resources (DENR) as well as to the Environmental Management
Bureau- Region IV. Copies of said letters are attached hereto as “Annex A”
and “Annex B”.

4. Upon learning about the proposed project, petitioners concerned

citizens of Borawan as well as the Borawan Resort Owners Association, Inc.
(BROA) made known their opposition to the project through a letter
addressed to Department of Environmental and Natural Resources (DENR)
as well as to the Environmental Management Bureau- Region IV, seeking
the intervention of said government agencies and urging them not to issue an
Environmental Compliance Certificate (ECC) to DOTC on the ground of
grave and imminent threat to the environment.
PETITION FOR WRIT OF KALIKASAN 4
With a Prayer for TEPO
Sp. Proc. Case No. __________
x----------------------------------------------------------x

5. Notwithstanding the nature of the project, public respondent

Susan Go of EMB- Region IV, issued the assailed ECC with No. 2017-0011
in favor of Blue Water Resort on January 12, 2017. Attached hereto is a
copy of the assailed ECC as “Annex C”.

6. Thereafter, Blue Water Resort commenced construction of its

resort and in the process, because of the massive size of the project resort, a
substantial portion of the coral reefs were destroyed.

7. Worse, on October 11, 2017, heavy equipment and implements

used in the construction of said resort were moved in place to execute the
project, causing substantial damage on Borawan Island’s modest roads.
Furthermore, the company made no commitment whatsoever as to the
restoration of said roads to good condition.

8. Furthermore, the continued construction has affected and

continuing to affect the health and safety of at least five municipalities in
Borawan Island since the construction has affected the nearby reservoir
where the Island gets its source of water.

GROUNDS FOR THE ISSUANCE OF A

WRIT OF KALIKASAN

I.
THE BLUE WATER BORAWAN RESORT
PROJECT THAT IS CONTRUCTED
PRECARIOUSLY BESIDE CORAWAN
ISLAND’S PROTECTED CORAL REEFS AND
SHORELINE VIOLATES THE RIGHT OF THE
FILIPINO PEOPLE TO HEALTH AND A
BALANCED AND HEALTHFUL ECOLOGY AS
ENSHRINED IN SECTIONS 15 AND 16 OF
THE 1987 CONSTITUTION.

II.
THE BLUE WATER BORAWAN RESORT
PROJECT FAILED TO UNDERGO THE
NECESSARY ENVIRONMENTAL IMPACT
ASSESSMENT PROCESS AND THUS, THE
ENVIRONMENTAL COMPLIANCE
CERTIFICATE ISSUED TO BLUE WATER
RESORT, INC. IS VOID FOR FAILURE TO
COMPLY WITH PD. 1586
PETITION FOR WRIT OF KALIKASAN 5
With a Prayer for TEPO
Sp. Proc. Case No. __________
x----------------------------------------------------------x

III,
THE CIRCUMSTANCES OF THIS CASE CALL
FOR THE APPLICATION OF THE
PRECAUTIONARY PRINCIPLE AND THE
ISSUANCE OF A TEMPORARY
ENVIRONMENTAL PROTECTION ORDER
(TEPO)

DISCUSSION

Violation of the Right to Health and

a Healthy and Balanced Ecology

9. Under Sections 15 and 16 of the 1987 Constitution, the people have

a right to health and the right to a healthy and balanced ecology with the
state being tasked with the affirmative duty to promote and advance such
compelling state interests.

10. Public respondents, instead of observing such duty, violated the

people’s right to health and a balanced ecology when it issued an
Environment Compliance Certificate to private respondent without first
conducting a study as to the possible environmental impact of such a
massive project in the remote and quaint island of Borawan. It bears
stressing that to this date, no report from the EMB- Region IV nor from the
DENR was issued regarding any studies conducted regarding the assailed
project.

11. Considering the Project involved in this case, all the foregoing
environmental pollution and concerns will be affecting the petitioners as
well as future generations yet unborn of Borawan Island if the construction
of said project is not stopped.

Failure to comply with Presidential

Decree No. 1586

12. The Environment Impact Assessment System was formally

established in 1978 with the enactment of Presidential Decree no. 1586 to
facilitate the attainment and maintenance of rational and orderly balance
between socio-economic development and environmental protection. EIA is
a planning and management tool that will help government, decision makers,
the proponents and the affected community address the negative
consequences or risks on the environment. The process assures
implementation of environment-friendly projects.

13. Section 4 of PD 1586 clearly states that “no person, partnership or

corporation shall undertake or operate any such declared environmentally
PETITION FOR WRIT OF KALIKASAN 6
With a Prayer for TEPO
Sp. Proc. Case No. __________
x----------------------------------------------------------x

critical project or area without first securing an Environmental Compliance

Certificate issued by the President or his duly authorized representative.”

14. Under Article II, Section 1, of the Rules and Regulations

Implementing PD 1586, the declaration of certain projects or areas as
environmentally critical, and which shall fall within the scope of the
Environmental Impact Statement System, shall be by Presidential
Proclamation, in accordance with Section 4 of PD 1586 quoted above.

15. Pursuant thereto, Proclamation No. 2146 was issued on December

14, 1981, proclaiming the following areas and types of projects as
environmentally critical and within the scope of the Environmental Impact
Statement System established under PD 1586:

“B. Environmentally Critical Areas:

xxx
2. Areas set aside as aesthetic potential tourist spots;
xxx
12. Coral reefs, characterized by one or any combinations of the
following conditions:
a. with 50% and above live coralline cover;
b. spawning and nursery grounds for fish;
c. which act as natural breakwater of coastlines”
xxx”

16. It is undisputed that no Environmental Impact System Statement

was issued nor was there any studies conducted prior to the issuance of the
assailed ECC.

17. Petitioners further note that no public consultation was ever held
prior to the commencement of the project. Furthermore, petitioners never
received a reply from their letter addressed to both the EMB-Region IV and
DENR.

Applicability of the Precautionary Principle and Necessity of the Issuance

of a Temporary Environmental Protection Order (TEPO)

18. The Precautionary principle states that when human activities may lead
to threats of serious and irreversible damage to the environment that is
scientifically plausible but uncertain, actions shall be taken to avoid or
diminish that threat.

19. Given the inevitability and gravity of the negative environmental impact
of the said project, which affects not only the immediate barangay where the
same is located, but instead affects almost all the 10 municipalities of
Borawan Island, Petitioners urge this Honorable Court to apply the
Precautionary Principle and issue a Temporary Environmental Protection
Order (TEPO).
PETITION FOR WRIT OF KALIKASAN 7
With a Prayer for TEPO
Sp. Proc. Case No. __________
x----------------------------------------------------------x

20. In this case, the features necessary for the application of the
precautionary principle are present. As enunciated by the Honorable Court in
the case of International Service for the Acquisition of Agri-Biotech
Applications, Inc. vs. Greenpeace Southeast Asia, Inc., the principle applies
when:
“Under this Rule, the precautionary principle finds direct
application in the evaluation of evidence in cases before the courts. The
precautionary principle bridges the gap in cases wherein scientific
certainty in factual findings cannot be achieved. By applying the
precautionary principle, the court may construe a set of facts as
warranting either judicial action or inaction, with the goal of preserving
and protecting the environment. This may be further evinced from the
second paragraph where bias is created in favor of the constitutional right
of the people to a balanced and healthful ecology. In effect, the
precautionary principle shifts the burden of evidence of harm away from
those likely to suffer harm and onto those desiring to change the status
quo. An application of the precautionary principle to the rules on evidence
will enable courts to tackle future environmental problems before ironclad
scientific consensus emerges.

For purposes of evidence, the precautionary principle should be

treated as a principle of last resort, where application of the regular Rules
of Evidence would cause in an inequitable result for the environmental
plaintiff – (a) settings in which the risks of harm are uncertain; (b)
settings in which harm might be irreversible and what is lost is
irrepleaceable; and (c) settings in which the harm that might result would
be serious. When these features – uncertainty, the possibility of
irreversible harm, and possibility of serious harm – coincide, the case for
the precautionary principle is strongest. When in doubt, cases must be
resolved in favor of the constitutional right to a balanced and healthful
ecology. Parenthetically, judicial adjudication is one of the strongest for a
in which the precautionary principle may find applicability.”

21. Given the fact that since construction of the project started in 2017, 50%
of the coral reefs have already suffered irreversible damages and the water
reservoir where a large portion of the Island relies on, has sustained wide
contamination causing the town’s constituents to fall ill of various water-
borne diseases, Petitioners respectfully submit that the issuance of a TEPO
and a Writ of Kalikasan upon the filing of this case is not only warranted but
also badly needed.

PRAYER
WHEREFORE, premises considered, Petitioners respectfully pray for
the Honorable Court to:

1. Immediately upon filing of this case, to issue:

PETITION FOR WRIT OF KALIKASAN 8
With a Prayer for TEPO
Sp. Proc. Case No. __________
x----------------------------------------------------------x

a) Writ of Kalikasan directing the Respondents to submit

their Answer to the Petition within ten (10) days from receipt thereof;
and
b) b) A Temporary Environmental Protection Order (TEPO)
directing the Respondents to Cease and Desist from Implementing
the Project including the bidding and award thereof.

2. Upon trial on the merits, to render judgment converting the

TEPO into a Writ of Continuing Mandamus ordering the Respondents to
comply with the mandatory provisions of the law under the Philippine
Environmental Impact Statement System

Petitioner also prays for other reliefs as may be deemed just and
equitable in the premises.

Makati City for the City of Manila, 11th March 2018

ATTY. MARJORIE CAMILLE FLORES

Counsel for the Petitioners
Unit 209 Page 1 Bldg. Makati City
Roll No. 155427
IBP No. 22561
PTR No. 8712560
MCLE Compliance No. 0091269
Tel. Nos. 853-4322; 853-4355
Email: mcfa.24@gmail.com

EXPLANATION

A copy of the foregoing petition was served by registered mail to the

respondents due to time, distance and manpower constraints.

ATTY. MARJORIE CAMILLE FLORES

Counsel for the Petitioners

Copy furnished:

BLUE WATER RESORTS, INC.

Unit 209 Pristine Towers, Ortigas
Avenue, Pasig City
OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo Street, Legaspi Village
Makati City

HON. EUGENE DIZON

DENR Director
The Columbia Tower, Ortigas Avenue
Barangay Wack-Wack, Mandaluyong City
1555 Metro Manila.

HON. SUSAN GO
EMB-Region IV Director
#1 Bonifacio Drive, South Harbor Cove,
Calamba, Laguna
Republic of the Philippines)
Makati City ) s.s.

VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPPING

WE:

a. JOAN MESIA, of legal age, single, with address at #23 Green

Compound, Sitio Putingbuhangin, Borawan, Quezon, with driver’s
license no. X01-75-004035 with expiry date on Apr. 26, 2019 bearing
my photograph and signature respectively;

b. ROY VILLARINO, of legal age, single, with address at #14 Angheles

Village, Sitio Putingbuhangin, Borawan, Quezon, with driver’s license
no.0023123 with expiry date on June 26, 2019 bearing my photograph and
signature respectively;

c. BIANCA PAGUIAN, of legal age, married, with of legal age, single,

with address at #4 Angeles Village, Sitio Putingbuhangin, Borawan, Quezon,
with driver’s license no. 7263s5 with expiry date on Apr. 26, 2019 bearing
my photograph and signature respectively;

d. RENALYN MAGAT, of legal age, married of legal age, single, with

address at #4 Angeles Village, Sitio Putingbuhangin, Borawan, Quezon,
with driver’s license no. 82936 with expiry date on Apr. 26, 2019 bearing
my photograph and signature respectively;

e. PRINCE CALO, of legal age, single, with address at Lot 4 Blk C

Maligaya Subdivision, Sitio Putingbuhangin, Borawan, Quezon, with
driver’s license no. 977446 with expiry date on Apr. 26, 2019 bearing my
photograph and signature respectively;

f. RUFFA PARAYNO, of legal age, single, with address at Lot 48

Campo Malaya, Sitio Putingbuhangin, Borawan, Quezon, with driver’s
license no. 673eg5 with expiry date on Apr. 26, 2019 bearing my photograph
and signature respectively;

g. ARIANNE CANTILLERO, of legal age, single, with address at Lot 5

Blk E Maligaya Subdivision, Sitio Putingbuhangin, Borawan, Quezon, with
driver’s license no. 09874567 with expiry date on Apr. 26, 2019 bearing my
photograph and signature respectively;

h. PAULA GONO of legal age, single, with address at Lot 7 Maligaya

Subdivision, Sitio Putingbuhangin, Borawan, Quezon, with driver’s license
no. X06743 with expiry date on Apr. 26, 2019 bearing my photograph and
signature respectively;
 i. KALEY SANTIAGO of legal age, single, with address at #4 Angeles
Village, Sitio Putingbuhangin, Borawan, Quezon, with driver’s license no.
08762345 with expiry date on Apr. 26, 2019 bearing my photograph and
signature respectively;

j. GILBERT PUYAT, of legal age, single, with address at #54 Angeles

Village, Sitio Putingbuhangin, Borawan, Quezon, with driver’s license no.
1234565 with expiry date on Apr. 26, 2019 bearing my photograph and
signature respectively;

All of us state under oath that:

1. I, Gilbert Puyat, am the duly authorized representative of Petitioner

Borawan Resort Owners Association, Inc. (BROA), pursuant to the
authority given me by its Board of Directors as attached;

2. We, in our personal capacities and in representation of above-named

non-government organizations, are the petitioners in this special civil
action for writs of continuing mandamus and kalikasan with prayer for
temporary environmental protection order;

3. We have caused the foregoing to be prepared and filed; read all the
allegations contained therein; and found them to be true and correct
based on our personal knowledge and authentic records;

4. We have not commenced any action of proceeding involving the same

issue in the any other court, tribunal or agency; that to the best of our
knowledge, no such action or proceeding, involving the same parties
and the same facts and issues, is pending in the any court, tribunal or
agency, and that, if we should learn thereafter that a similar action or
proceeding has been filed or is pending before these courts, tribunal or
agency, we undertake to report that fact to this Honorable Court
within five (5) days therefrom.

IN WITNESS WHEREFORE, I Have hereunto set my hand this 5th day of

March, 2018.

JOAN MESIA RUFFA PARAYNO

ROY VILLARINO ARIANNE CANTILLERO

BIANCA PAGUIAN PAULA GONO

 RENALYN MAGAT KALEY SANTIAGO

PRINCE CALO GILBERT PUYAT

SUBSCRIBED AND SWORN to before me on the same date above, at

Manila City, here at Quezon City, by all the affiants whom I have identified
through their competent evidence of identity indicated under their respective
names and signatures above.

ATTY CHRISTIAN MESIA

Notary Public
Unit 11 A Bldg. Quezon City
Roll No. 899427
IBP No. 097561
PTR No. 11152560
MCLE Compliance No. 0091269
Serial No. of Commission M-1264
Valid Until December 20, 2020

Doc No.______;
Page No:_____;
Book No._____;
Series of 2018.