E-Library - Information At Your Fingertips: Printer Friendly 10 of 40 http://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65160 Public respondents maintain that social acceptability, as understood by petitioners, is not required to issue an environmental compliance certificate. Instead, what is required is the stakeholders' participation in the environmental impact assessment process. Nonetheless, public respondents note that even if this was not mandatory, private respondents still conducted public consultations and submitted a report on social acceptability.[79] Private respondents SM Prime Holdings, Inc. and Shopping Center Management Corporation allege that petitioners erred in relying on Lina, which categorically stated that public projects needed public consultation but was silent on a similar requirement for private projects.[80] They likewise claim that Boracay Foundation, Inc. does not apply in petitioners' case.[81] On the issue of validity of the issued permits, private respondent SM Investments Corporation refutes petitioners' claim that Baguio City's central business district is a low-density commercial zone over which a large mall or parking lot could not be constructed. It points out that petitioners' own witness, Engineer Evelyn Cayat (Engineer Cayat) of the City Planning and Development Office, testified that SM City Baguio satisfied the zoning requirements.[82] Private respondent SM Investments Corporation also disputes petitioners' allegation that the Expansion Project is "a regional mall with an aggregate of 11 [stories] with a 5-[story] parking lot."[83] It stresses that Engineer Oscar Flores, the city building official, testified that the mall expansion has four (4) stories composed of split levels.[84] As for the different applicants in the original and amended environmental compliance certificates, private respondent SM Investments Corporation claims that private respondent SM Prime Holdings, Inc., the applicant in the amended Environmental Compliance Certificate, only acted as its attorney-in-fact. Additionally, it denies petitioners' claim that the Expansion Project is a co-located project under the Revised Procedural Manual for Department of Environment and Natural Resources Administrative Order 2003-30. Both private and public respondents posit that all of the pertinent permits were issued regularly by the appropriate government officials.[85] They emphasize that the lower courts correctly invoked the presumption of regularity in justifying the permits issued as they supported their conclusions with evidence.[86] Finally, private respondents SM Prime Holdings, Inc. and Shopping Center Management Corporation state that the Expansion Project will not cause irreparable damage to the environment and the residents of Baguio.[87] They, thus, move for the lifting of the Temporary Restraining Order.[88] The issues for this Court's resolution are: 4/23/2020, 10:52 AM

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