Plans to build the Boracay bridge hogged the headlines again due to conflicting statements of the Aklan local government and San Miguel Corporation (SMC).

Aklan Gov. Jose Enrique “Joen” Miraflores said on May 27 that SMC President and Chief Executive Officer Ramon Ang backed out of the project which the latter denied.

According to the DPWH website, the Boracay Bridge Project is an “unsolicited project proposal”. This means that the idea of the project originated from a private proponent, and did not form part of the plans of the government. In this case, the original private proponent is SMC. In April 2026, DPWH awarded the P7.78-billion Boracay bridge project to San Miguel Holdings Corp. (SMHC), SMC’s infrastructure arm.

Section 27 of the Local Government Code provides that “no project or program shall be implemented by government authorities unless the consultations mentioned in Sections 2 © and 26 hereof are complied with, andprior approval of the sanggunian concerned is obtained.”

The Sangguniang Panlalawigan (SP) of Aklan rejected the Boracay Bridge Project in a resolution approved on October 8, 2025.

The Supreme Court explained in Boracay Foundation, Inc. v. Province of Aklan, et al., (2012) that “[u]nder the Local Government Code, therefore, two requisites must be met before a national project that affects the environmental and ecological balance of local communities can be implemented: prior consultation with the affected local communities, and prior approval of the project by the appropriate sanggunian. Absent either of these mandatory requirements, the project’s implementation is illegal.

In Citizens for a Green and Peaceful Camiguin v. King Energy Generation, Inc. (2021), the Supreme Court said that lack of compliance with consultation requirements is “an affront to the local autonomy of LGUs.” Autonomy of LGUs is recognized in Art. 10, Sec. 2 of the 1987 Constitution.

Aside from approval from the Aklan SP, an environmental compliance certificate (ECC) also needs to be acquired from the Department of Environment and Natural Resources (DENR). In April 2026, DENR released a statement that it would be conducting a public consultation once SMC applies for an ECC. According to DENR Administrative Order 2003-30, no permits from other national government agencies or LGUs shall be required in the processing of ECC. In the case of the Boracay bridge project, it is possible for the DENR to issue an ECC despite the Aklan local government’s rejection.

The LGUs’ prior approval in national projects should therefore take precedence over the awarding of contracts or the granting of ECC. While SMC can secure each requirement on its own, it should secure the contract, SP approval, and ECC for the Boracay bridge to be legally built. (DAA)

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