Antique court halts seawall project in capital town
ILOILO CITY—A Regional Trial Court (RTC) in San Jose de Buenavista in Antique issued a temporary environmental protection order (Tepo) against the Department of Public Works and Highways (DPWH) and its contractor, halting the construction of an esplanade and seawall in the capital town.
San Jose RTC Branch 11 Presiding Judge Jojo Cruzat, in an order dated Dec. 12, directed the DPWH and J.E. Tico Construction Inc. to “refrain from further performing construction activities in the esplanade/seawall” in Barangaya Funda-Dalipe until the order was lifted.
The DPWH and its contractor were also ordered to comment on the complaint within 10 days of receiving the order.
Aside from the DPWH in Western Visayas and the contractor, the other defendants included the municipality of San Jose de Buenavista and the Department of Environment and Natural Resources’ (DENR) attached agency, the Environmental Management Bureau in the region.
The Tepo was issued just two days after the groups Funda-Dalipe Fisher Folk Association, Dihon Sa ‘Raya, Inc. and private individual Remy Muescan, filed the petition before the court, citing several environmental laws and those that protect endangered species that would be violated should the project be allowed to continue.
Risks
The complaint alleged that a 520-meter extension of the project within Funda-Dalipe encroached on protected foreshore lands around the 20-meter no-build salvage easement.
They also cited the absence of a foreshore lease agreement and environmental compliance certificate, documents that both fall under the DENR’s mandate.
The petition argued that continuing the project would harm nesting areas of Hawksbill, Olive Ridley and green sea turtle; smother coral reefs within the Funda-Dalipe Marine Protected Area; and obstruct safe mooring for fisherfolk.
The court said it found basis to grant the petition: “After a careful perusal of the allegations in the joint complaint, the court found that matters discussed therein are of extreme urgency, and there is a need to prevent a possible irreparable and irreversible injury to the plaintiffs and the environment if the construction of the seawall/esplanade in Funda-Dalipe, San Jose, Antique is not temporarily stopped.”
Precedent
The Amlig Antique Alliance, a local environmental coalition where the complainants are members, on Saturday lauded the Tepo, saying the order set a precedent for the rest of the province and of the country, making the case against projects that were branded under the guise of ecotourism.
They cited similar projects in the towns of Bugasong, Pandan, Hamtic, Culasi, Libertad, Tibiao and Barbaza, which they said were also occupying protected foreshore zones.
“The implications of the ruling extend far beyond San Jose de Buenavista. Across Antique—and throughout the country—coastal projects branded as ‘ecotourism’ have proliferated, often at enormous public cost and with little regard for foreshore laws, easement rules or ecological limits,” the alliance said in their statement.
It added: “Should the Court issue a full environmental protection order, it would set a powerful precedent: affirming that no infrastructure project—no matter how large or politically backed—stands above environmental law. Such a ruling could compel the review, abatement and rehabilitation of similar illegal coastal encroachments nationwide, and potentially reclaim billions in public funds for genuine ecosystem restoration,” they stated.
