Bishop Abet Uy of the Diocese of Tagbilaran minced no words in fully supporting the recent ruling of the Supreme Court against the Appeal on Certiorari of Oasis on a Joint Venture Development Agreement (JVDA) signed by then Gov. Erico Aumentado and Oasis represented by Norris Oculam.
The deal was signed 11 days before the assumption into office of the newly elected chief executive of Bohol, then Gov. Edgar Chatto, in 2010 to implement a 450 hectare reclamation project in Panglao Island for a leisure and resort development.
“I pray there will be no more plans to reclaim the sea and coastlines here in our province of Bohol,” Uy posted in his social media account.
He also reminded followers to take good care of the remaining treasures of the province’s ocean.
“Let there be no more reclamation projects in our coastlines so as not to further damage our environment,” he added.
The SC upheld the ruling of the Court of Appeals (CA) which considered the JVDA as void an initio or void from the beginning for non-compliance with substantive requirements of the law.
It was found out that Aumentado was not authorized to sign, execute, nor enter into a JVDA with Oasis.
“The language of the SP Resolution No. 2009-633is clear. Gov. Erico Aumentado is merely authorized to negotiate the terms of the JVDA with Oasis,” the decision had bared.
The CA also bared that the JVDA was entered into without authorization from the Sangguniang Panlalawigan, a violation of the requirements of the Local Government Code of 1991.
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 sought for PGBh to undertake the reclamation contract.
However, PGBh with Chatto as then governor responded that it could not do so as the JVDA is legally defective and morally and socially questionable based on the review of the proposed project by the SP.
In a bold exercise of political will to cancel and withdraw the application for reclamation in order to protect public interest, the PGBH had pointed out that the project posed a clear and present danger to the healthy biodiversity and sensitive marine environment within the offshore area of Panglao Bay. This was manifested by the SP Committee on Natural Resources and Environmental Protection and Tourism in its Committee Report No. 2011-03.
Meanwhile, environmental watchdogs also lauded the strong political will of the Chatto administration who braved legal challenges to preserve the environment and protect public interests.