A private citizen recently filed an administrative case against the officials of the local government of Limay regarding a reclamation and bypass road project along the coastline of Limay, Bataan.
The complainant, Edna Bautista-Binkowski of Barangay Luz, Limay, Bataan, filed the complaint last April 14, 2021 at the Sangguniang Panlalawigan (provincial board) of Bataan against the local elected officials of Limay, Bataan who “approved and enacted a bypass road project with reclamation of the seashore from Barrio Luz through to Bernabe Subdivision and its related supporting SB (Sangguniang Bayan) Resolutions.”
Binkowski, in a recent interview with Bataan local press, cited the absence of a public consultation about the project.
“The affected constituents living along the coastlines, including myself, were not notified nor a public consultation on the project was held before it started, which is a requirement in a government project that will have an impact in environment and ecological balance and the people living therein,” the complainant lamented.
She added that there was an existing Municipal Ordinance (20)11-225 enacted and implemented on February 9, 2011 and was enacted through the efforts of the Chairman of the Committee on Environment and Natural Resources and other elected Sanggunian Bayan Members of the 2011-2013 body.
Since that year, 2011, Binkowski said the Limay shorelines were declared as Pawikan Conservatory Center where endangered marine turtles migrate and the Limay shorelines became their nesting place where they lay and hatch their eggs. The regular tagging of the marine turtles and similar pawikan activities like the releasing of pawikan hatchlings are coordinated with the presence of past and present local elected officials including a representative from the Department of Environment and Natural Resources (DENR) Ecosystem Management.
The project, Binkowski further stated, will destroy the shorelines and the declared conservatory center for marine or sea turtle.
“The municipal ordinance is considered a law in the Municipality of Limay, Bataan that must be enforced, implemented and followed,” she said.
The complainant said she posted on her Facebook account the photos and videos of the early stage of the backfilling of the reclaimed shorelines, which is part of the initial phase of the project, and bottom ash were supplied from a coal-fired power plant owned by San Miguel Corporation was utilized.
Medical researches proved that bottom or coal ash is a pollutant and contains acidic, toxic, and radioactive matter. The EPA or the United States Environment Protection Agency, has found that significant exposure to bottom ash and other components of coal ash increases a person’s risk of developing cancer and other respiratory diseases.
The use of bottom ash as backfill materials was supported by SB Resolution dated 2 February 2021 reference No. 2021-022.
However, the use of bottom ash became viral in various posts by netizens in Limay Facebook groups being unsafe. After that, Binkowski said the backfill materials was changed to limestone powder.
Much to the Limayans’ surprise, the complainant said, the limestone powder also came from the said coal-fired power plant and was supported by another SB resolution. However, the reference number and date of the controversial SB Resolution is the same with the SB resolution on the use of Bottom Ash – reference 2021-022 dated 2 February 2021.
“These two conflicting SB resolutions with the same reference number and date were passed, enacted, duly signed and approved by the two ranking elected officials of Limay, Bataan concurred in by all its members,” Binkowski stressed.
The bypass road project, Binkowski said, started on 13 January 2021 as indicated in the tarpaulin (entitled Reclamation phase 1) but the two SB resolutions were enacted and passed on the same day only last 2 February 2021, both under SB reference 2021-022.
The Local Government Code of the Philippines, particularly Section 26, clearly states that any planning and implementation of any program or project that may cause pollution, climatic change, depletion of non-renewable resources, loss of crop land rangeland, or forest cover, and extinction of animal or plant species, need public consultation with sectors concerned and explain the goals and objectives of the project or program, its impact on people and the community in terms of environmental and ecological balance.
The DENR and Limay LGU officials have yet to release their official statements on the said issue.