Court asked to stop Antique seawall-esplanade project

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By Rjay Zuriaga Castor

A petition has been filed before the Regional Trial Court in San Jose de Buenavista, Antique, seeking to halt the construction of a 520-meter seawall-esplanade project over alleged violations of environmental laws and irreversible damage to coastal ecosystems.

The 20-page joint complaint was filed on Dec. 10 by the Funda-Dalipe Fisherfolk Association (FDFA), environmental group Dihon sa ‘Raya, Inc., and individual petitioner Remy Muescan.

Named as respondents are the local government unit of San Jose de Buenavista, the Department of Public Works and Highways Region 6 (DPWH-6), contractor JE Tico Construction Co., Inc., the Environmental Management Bureau Region 6 (EMB-6), and the Department of Environment and Natural Resources Region 6 (DENR-6).

The petition seeks the issuance of a Writ of Continuing Mandamus and a Temporary Environmental Protection Order (TEPO).

A Writ of Continuing Mandamus compels government agencies to perform their legal duties and ensure continuous compliance, while the TEPO aims to immediately stop construction pending court action.

The complainants alleged that the project—officially known as the Brgy. Comon–San Pedro Coastal Road–San Jose Boulevard/Esplanade Project—is causing “irreversible and irreparable” harm to marine habitats and livelihoods.

“This esplanade has prevented us from safely mooring our boats,” said FDFA 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,” he added.

Muescan, also manager of the Antique Provincial Government Employees Multi-Purpose Cooperative, described the project as a symbol of “unchecked development.”

“The right to a healthy ecology is non-negotiable. Our Constitution demands it—and so do we,” he said.

The complaint focuses on Package 2 of the project, a 520-meter segment in Barangay Funda-Dalipe with an allocated budget of PHP 95.5 million.

The complainants allege that EMB-6 issued a Certificate of Non-Coverage (CNC) when the project should have undergone a full environmental impact assessment under the Environmental Impact Statement (EIS) System, as it falls within an Environmentally Critical Area (ECA).

By issuing a CNC, they argued, EMB-6 effectively removed the project from EIS coverage, violating the law and bypassing public consultations and impact studies.

They also claimed that the project lacks a required revocable permit under the Water Code of the Philippines and violates the 20-meter easement along the shoreline, which is designated as a no-build zone for public access and ecological protection.

The construction, they said, includes concrete embankments, fencing, lampposts, and other permanent features that obstruct the public domain.

In addition, the complaint stated that DPWH-6 proceeded without securing a valid building permit or zoning clearance from the local government and failed to consult affected communities or obtain Sangguniang Bayan approval.

Since the project occupies a foreshore area, the petitioners said it should also have secured either a Foreshore Lease Agreement or a Revocable Permit from the DENR—requirements that remain unmet, according to the complaint.

Without these, the complainants argue, the construction is illegal and may be subject to removal under the Public Land Act.

The site, according to environmental monitoring groups, is an active nesting ground for critically endangered marine turtles, specifically Hawksbill (Eretmochelys imbricata) and Green Sea (Chelonia mydas) turtles.

The petitioners claimed that JE Tico Construction’s activities have buried sea turtle nests, in violation of the Wildlife Resources Conservation and Protection Act.

They also warned that sediment plumes and increased turbidity caused by the construction are damaging coral reefs within the Funda-Dalipe Marine Protected Zone.