SC issues writ of kalikasan vs Samal-Davao bridge project
The Supreme Court has issued a writ of kalikasan against the corporation and government agencies overseeing the construction of the P23.52-billion Samal Island-Davao City Connector (SIDC) project.
During its first en banc session on Tuesday after its writing break, the high court said it granted the writ of kalikasan against the Department of Public Works and Highways (DPWH), Department of Environment and Natural Resources, the Samal Island Protected Landscape and Seascape Protected Area Management Board, and the China Road and Bridge Corp.
The Supreme Court gave the respondents 10 days to comment on the petition.
The prayer for a temporary environmental protection order (Tepo), however, was referred to the Court of Appeals in Cagayan de Oro City for proper action.
“So the Court of Appeals will be receiving evidence to determine whether a Tepo should be issued,” Supreme Court spokesperson Camille Ting said when asked whether the granting of writ of kalikasan would stop the ongoing construction.
This meant the project could not be halted at this time.
In their 240-page petition filed in April, scientists and environmental groups asked the high court for a writ of kalikasan, a legal remedy that protects the constitutional right to a balanced and healthful ecology.
The petitioners, represented by environmental lawyer Tony La Viña, include Carmela Marie Santos, director of Ecoteneo; Mark Peñalver, executive director of Interfacing Development Interventions for Sustainability Inc.; Sustainable Davao Movement, and Marvelous Dainty Camilo, chair of Dyesabel Philippines Inc.
Death of corals
In addition to the writ, they also asked the high court to immediately issue a Tepo directing the respondents to cease and desist from the construction of the SIDC project and, after the conduct of a summary hearing, that it be extended until the termination of the case.
They also asked the court to mandate the rehabilitation of the damaged coral reef ecosystems and for the officials involved to take public accountability.
The construction of the SIDC project financed by China was ongoing and on track to be completed by September 2028, according to the DPWH.
But the petitioners wanted the project halted, saying its case revealed “both a slow and an immediate death of the coral reefs in the Davao gulf and of the ecosystems, including local communities, that collectively depend on these reefs for their continued existence.”
It cited the respondents for allegedly destroying and disturbing wildlife within the protected area, killing and destroying wildlife species, and destroying marine organisms, and other nonliving components of the coastal and marine environment, such as sand and rocks, among other violations, highlighting in particular Paradise Reef in Samal Island and Hizon Marine Protected Area in Davao City.
