NOTE: THIS STORY WAS FIRST PUBLISHED IN THE BOHOL CHRONICLE’S SUNDAY PRINT EDITION.
The Supreme Court finally nailed the coffin to the Panglao Reclamation Project after it denied the Petition for Review of Oasis Leisure Islands Development in its case against the Provincial Government of Bohol (PGBh), former Gov. Edgar Chatto and the Sangguniang Panlalawigan (SP).
The highest court of the country denied the petition for review in certiorari the decision and resolution of the Court of Appeals on October 26, 2021 and February 15, 2023.
The Court of Appeals (CA) in a 26-page decision, had dismissed the appeal filed by Oasis to compel the PGBh to comply with the Joint Venture Development Agreement (JDVA) signed by Oasis and former Gov. Chatto, 11 days before Chatto’s assumption as governor of Bohol, for the reclamation of at least 450 hectares off Panglao Bay to be developed into a leisure and resort.
The Court ruled that the JVDA was void from the beginning for non-compliance with substantive requirements of the law.
The CA also found that the JVDA was entered into without authorization from the Sangguniang Panlalawigan in violation of the requirements of the Local Government Code of 1991.
The requirement of prior authorization from the Sanggunian concerned is a measure of check and balance. It is added to temper the authority of the Local Chief Executive, according to the Local Government Code.
Moreover, no public bidding was conducted for the JVDA, which is required for reclamation contracts.
It can be recalled that Oasis filed the case for the PGBh to undertake the reclamation contract.
However, PGBh with Chatto as then governor responded that it could not give due course to Oasis’ request because the JVDA is legally defective and morally and socially questionable based on the review of the proposed project by the SP.
In the bold exercise of political will to cancel and withdraw the application for reclamation in order to protect public interest, the PGBH also cited that the project posed a clear and present danger to the healthy biodiversity and sensitive marine environment within the offshore area of Panglao Bay, as manifested by the SP Committee on Natural Resources and Environmental Protection and Tourism in its Committee Report No. 2011-03.