BORACAY FOUNDATION, INC., VS.

PROVINCE OF AKLAN, PHILIPPINE RECLAMATION AUTHORITY, AND

DENR-EMB [JUNE 26, 2012]

THE WRIT OF CONTINUING MANDAMUS PERMITS THE COURT TO RETAIN JURISDICTION AFTER
JUDGMENT
 In order to ensure the successful implementation of the reliefs mandated under the court’s decision and, in
order to do this, the court may compel the submission of compliance reports from the government agencies as
well as avail of other means to monitor compliance with its decision.

THE EXHAUSTION OF ADMIN REMEDIES DOES NOT APPLY WHERE THERE ARE CIRCUMSTANCES
INDICATING THE URGENCY OF JUDICIAL INTERVENTION.
 The appeal provided to the Sec of DENR is only applicable if the person or entity charged with the duty to exhaust
the administrative remedy of appeal to the appropriate government agency has been a party or has been made
a party in the proceedings wherein the decision to be appealed was rendered.
 Petitioner was never made a party to the proceedings before DENR-EMB RVI. Petitioner was only informed that
the project had already been approved after the ECC was already granted.
 Although petitioner was not a party to the proceedings where the decision to issue an ECC was rendered, it
stands to be aggrieved by the decision, because it claims that the reclamation of land on the Caticlan side would
unavoidably adversely affect the Boracay side, where petitioners members own establishments engaged in
the tourism trade.