Decision 14 G.R. No. 215988 Petitioners maintain that the Department of Environment and Natural Resources erred in not requiring an environmental impact assessment prior to the issuance of the amended Environmental Compliance Ce1iificate. They insist that private respondents needed to obtain a separate environmental compliance certificate for the tree-cutting and earth-balling of the 182 trees since the project was not a mere expansion, as private respondents claimed, but a totally new project. 64 Petitioners further state that neither an environmental impact assessment nor public consultations were conducted before the Department of Environment and Natural Resources issued the tree-cutting and earthballing permit. They maintain that private respondents only consulted smc. 11 groups, when various groups and residents expressed their opposition to the Expansion Project. 65 They further insist that the Court of Appeals unduly expanded the ruling in Lina v. Pano 66 to favor private respondents. 67 Petitioners further posit that the Court of Appeals erred when it relied on the presumption of regularity in the performance of official duties despite evidence to the contrary. 68 Citing Boracay Foundation, Inc. v. Aklan, 69 petitioners further assert that as a non-party to an application for an environmental compliance certificate, it was not required to exhaust administrative remedies before it could bring its case to a court oflaw. 70 In their Comments, 71 private respondents claim that petitioners raised questions of fact improper in a petitioner for review under Rule 45 of the Rules of Court. 72 Private respondents SM Prime Holdings, Inc. and Shopping Center Management Corporation add that the Petition was defective since out of the 202 claimed petitioners, only 30 signed the Verification and Certification Against Forum Shopping. 73 Private respondents SM Prime Holdings, Inc. and Shopping Center Management Corporation then state that the case has been rendered moot because: (1) the subject permits have already expired or have been amender:, 74 superseded, or suspended; and (2) the affected trees have been removed. M 65 66 67 68 6 ') 70 71 72 73 74 Id. at 17-18. Id. at 21-22. 416 Phil. 438 (200 I) [Per J. Quisumbing, Second Division]. Rollo, pp. 43-44. Id. at 67-72. 689 Phil. 218(2012) [Per J. Leonardo-De Castro, En Banc]. Rullo, pp. 40-42. Id. at 420-464 and 613-702. Id. at 420-421 and 645. Id. at 648-649. Id. at 650-651. f