One bridge away: Boracay’s future hangs in the balance

By Atty. Eduardo T. Reyes III

The debate is raging: should a bridge be built to Boracay or not? With its world-famous powdery white sand, azure waters and twilight amusement, Boracay is indeed a sublime paradise.

Yet as the debate is surging ahead, looking back at previous decisions of the Supreme Court involving Boracay might help show the way forward.

The first case is Boracay Foundation, Inc. v. Province of Aklan, G.R. No. 196870, June 26, 2012. In the eye of controversy was the expansion project that involved the “construction at the north side of the existing jetty port and terminal that will have a total area of 2.64 hectares, more or less, after reclamation. The Phase 1 of the project construction costing around PHP 260 million includes the following:

1. Reclamation – 3,000 sq m (expansion of jetty port)
2. Reclamation – 13,500 sq m (buildable area)
3. Terminal annex building – 250 sq m
4. 2-storey commercial building – 2,500 sq m (1,750 sq m of leasable space)
5. Health and wellness center
6. Access road – 12 m (wide)
7. Parking, perimeter fences, lighting and water treatment sewerage system
8. Rehabilitation of existing jetty port and terminal

x x x

            The succeeding phases of the project will consist of [further] reclamation, completion of the commercial center building, bay walk commercial strip, staff building, ferry terminal, a cable car system and wharf marina. This will entail an additional estimated cost of PHP 785 million bringing the total investment requirement to about PHP 1.0 billion.”

Environmental impact

In Boracay Foundation, Inc., the Supreme Court highlighted the need for a balancing act “between socio-economic development and environmental protection, which are the twin goals of sustainable development” pursuant to Section 1 of PD 1586. Therein, since the study by the DENR-EMB RVI appeared incomplete, the Court tasked it to “complete its study and submit a report within a non-extendible period of three months. Respondent DENR-EMB RVI should establish to the Court in said report why the ECC it issued for the subject project should not be canceled.” 

Prior public consultation needed

Further underlined in Boracay Foundation, Inc., is the need for “prior public consultation.” Thus, “Under the Local Government Code, therefore, two requisites must be met before a national project that affects the environmental and ecological balance of local communities can be implemented: prior consultation with the affected local communities, and prior approval of the project by the appropriate sanggunian. Absent either of these mandatory requirements, the project’s implementation is illegal.”

           The second case, Zabal v. Duterte, G.R. No. 238467, February 12, 2019, centered on the closure of Boracay to give it a breather from the constricting foot traffic throughout the year. Therein, the Court again emphasized the need to preserve Boracay as “time is of the essence” even as “Every precious moment lost is to the detriment of Boracay’s environment and of the health and well-being of the people thereat. Hence, any unnecessary distraction or disruption is most unwelcome.”

What is common between Boracay Foundation, Inc. and Zabal?

           Both cases stressed the need to consider the environmental impact of any massive infrastructure to be introduced in Caticlan or Boracay Island, and the waters in between.

Here, once again, we are presented with the age-old dilemma of choosing between preservation of what is pristine, and progress.

We need a government that can be relied upon to strike that balance “between socio-economic development and environmental protection.”

(The author is the senior partner of ET Reyes III & Associates (ETRIIILaw)– a law firm based in Iloilo City. He is a litigation attorney, a law professor, MCLE lecturer, bar reviewer and a book author. Among the books he authored is “Law on Property and Essentials of Land Registration [2024 Edition]” which was on the bestseller’s list in online shops for several months. In 2026, he published his second major legal textbook titled “Comprehensive Reviewer on Persons and Family Relations.” His website is etriiilaw.com).