Petition seeks to stop Antique seawall project threatening turtles, environment

ILOILO CITY, Philippines – Environmental groups and residents filed a court petition on Wednesday, December 10, seeking to halt the construction of an over P95-million esplanade and seawall project in Antique, warning it threatens coral reefs, fishing grounds, and the nesting sites of endangered sea turtles.

The 20-page petition, submitted to the Regional Trial Court in San Jose de Buenavista, was filed by the Funda-Dalipe Fisherfolk Association (FDFA), Dihon sa ‘Raya Incorporated, and resident Remy Muescan.

They sought a writ of continuing mandamus and an immediate Temporary Environmental Protection Order (TEPO) to suspend all work on the Funda-Dalipe Esplanade and compel authorities to halt the project.

The case named as respondents the local government of San Jose de Buenavista, contractor JE Tico Construction Company Incorporated, the Western Visayas offices of the Department of Public Works and Highways, Environmental Management Bureau, and the Department of Environment and Natural Resources.

The petitioners said the project’s ongoing construction poses “imminent and irreversible” damage to marine ecosystems, including active sea turtle nesting areas.

“This esplanade has prevented us from safely mooring our boats,” said FDFFA president Rowel Saldajeno. “Our turtles are being crushed, our reefs suffocated, and our livelihoods destroyed. We fisherfolk demand justice before Antique’s seas become graveyards.”

Muescan, who is also the manager of the Antique Provincial Government Employees Multi-Purpose Cooperative, said their complaint is a stand against “unchecked development” that endangers coastal communities.

“The right to a [healthy] ecology is non-negotiable. Our Constitution demands it – and so do we,” he added.

The project site is a documented active nesting site for critically endangered Hawksbill (Eretmochelys imbricata) and Green Sea (Chelonia mydas) turtles.

The complaint alleged that the construction activities have buried sea turtle nests, constituting a gross violation of the Wildlife Resources Conservation and Protection Act.

The petitioners also flagged the project’s damage to the marine protected zone, as sediment plumes from the construction are allegedly smothering adjacent coral reefs, which are critical habitats for spawning and breeding.

They pointed out that this threatens the adjacent Funda-Dalipe Marine Protected Zone and violates the no-harm principle under the Expanded National Integrated Protected Areas System Act.

Project questioned

The San Jose de Buenavista town government gave notice in 2017 allowing the “upgrading” or the Comon-San Pedro Coastal Road-San Jose Boulevard/Esplanade project.

The DPWH approved the project, which spans several barangays and includes a 520-meter seawall in Barangay Funda-Dalipe. It was listed as Package 2 with a budget of P95.52 million.

Those who filed the petition specifically target the Barangay Funda-Dalipe segment, calling it a permanent structure built within a 20-meter no-build zone along the coastline, allegedly violating provisions of the Water Code.

They argued that the project is situated in coastal zones, foreshore areas, tidal zones, and storm-surge-prone areas, which are explicitly classified as Environmentally Critical Areas (ECAs).

Projects within ECAs, such as shoreline coastal road projects, are automatically covered by the Environmental Impact Statement (EIS) System and must secure an ECC.

The petitioners accused EMB in Region VI of grave abuse of discretion for issuing a mere Certificate of Non-Coverage (CNC) instead of an ECC.

They also alleged that the project lacked the required revocable permit for foreshore development under the Water Code, rendering all construction activities “patently illegal.”

In a show-cause order dated July 11, the DENR-VI asked the DPWH-VI to comment on non-compliance with the revocable permit for the construction or maintenance of structures along the shores, and the foreshore lease agreement.

On October 29, the Antique Provincial Environment and Natural Resources Office recommended that EMB-VI issue a cease-and-desist order against the project, citing the fact that no revocable permit had ever been issued “for the ongoing construction activities.”

The petitioners also alleged that DPWH-VI gravely abused its discretion by proposing construction within the foreshore area and the 20-meter permanent no-build zone along the coastline reserved for public use and access.

They said the DPWH regional office also allegedly proceeded with the project without obtaining a valid building permit or zoning clearance from the local government.

They further claimed that the DPWH failed to ensure the participation of local government units, secure prior consultation with affected local communities, and obtain the prior approval of the town council. – Rappler.com