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Boracay Foundation v. Province of Aklan
Boracay Foundation v. Province of Aklan
Thus, the projects and programs mentioned in Section 27 should be interpreted to mean
projects and programs whose effects are among those enumerated in Section 26 and 27, to wit,
those that: (1) may cause pollution; (2) may bring about climatic change; (3) may cause the
depletion of non-renewable resources; (4) may result in loss of crop land, range-land, or forest
cover; (5) may eradicate certain animal or plant species from the face of the planet; and (6)
other projects or programs that may call for the eviction of a particular group of people residing
in the locality where these will be implemented. Obviously, none of these effects will be
produced by the introduction of lotto in the province of Laguna.
It was established during the oral argumetns in this case that this project falls under
Sec. 26 because the commercial establishments to be beuilt on Phase 1 could cause
pollution as it could generate garbage, sewage, and possible toxic fuels.
Under the the LGC, two requisites must be met before a national project that affects
the environmental and ecological balance of local communities can be implemented:
In this case, respondent province filed its ECC application before it met with the local